Defence attorney Gary Naftalis made the suggestion in Manhattan federal court Monday during cross-examination of Anil Kumar, a former McKinsey partner described as a protege of Gupta's, on his testimony about the relationship between Gupta and Rajaratnam.

The defence also asked Kumar about Gupta's threat to sue Rajaratnam over the losses in the Galleon Voyager Fund as a reason why he wouldn't leak inside information to Galleon hedge fund co-founder in 2008. Kumar said Gupta had invested $10 million in the Voyager Fund in 2008, Rajaratnam invested $40 million, and the two borrowed $300 million from Lehman Brothers Holdings Inc for the fund.