"Mr Gupta has done nothing wrong, " his lawyer Gary Naftalis said in a statement.

BBC: Ex-Goldman Sachs director charged with insider trading

Mr Gupta's attorney, Gary Naftalis, argued that the information said to have been passed on to Mr Rajaratnam from Mr Gupta was actually from other Goldman employees.

ECONOMIST: Insider trading

While Gupta will be given the opportunity to speak, it will be his lawyer, Gary Naftalis, who will be doing most of the talking on his behalf.

FORBES: Rajat Gupta's Game Day Jitters

Another surprise, Loeb has not been charged with any crime causing Gupta defense lawyer, Gary Naftalis, to state that Loeb should be the one on trial and not Gupta.

FORBES: Rajat Gupta Trial Twist - Wire Taps but No Inside Info

His lead lawyer, Gary Naftalis, told jurors the government engaged in "speculation" and "guesswork, " alluding to the fact that prosecutors have no recordings, unlike what they have had in other cases, of the calls in which Mr. Gupta allegedly provided illegal tips to Mr. Rajaratnam for trading.

WSJ: Gupta Could Be Risky Witness in Own Defense

The decision, explained Columbia Law School Professor John Coffee, who chaired the insider trading conference that included key participants from recent insider trading trials such as prosecutor Reed Brodsky, defense attorney Gary Naftalis, and Judge Jed Rakoff from the Gupta trial, reflected a time where regulators had greater discretion and authority.

FORBES: The Obscure Insider Trading Case That Started It All