Quote:
Originally Posted by murph8788
I can't tell if you don't know the difference between illegal insider trading and the legal "insider trading" when insiders (CEO's employees etc) buy stock in their own company. They use the same term for totally different concepts if you weren't aware. Someone help me out here and let this guy know he's off.
Also please send me article or whatever where a building exploding would be insider trading please
That story is pretty old, it was an example given by the SEC either in a court case or another venue like two decades ago, but was not an actual case.
But just google SEC overreach and you'll get the other side of the story and why all insider trading isn't illegal and even much of what the SEC claims is illegal may not be.
For example, if a doctor helping perform a medical study asks a company rep how it's going and the rep ecstatically says "better than we ever expected, the drug is far more beneficial than we knew and the study will probably end early". The doctor rushes to the phone and buys their stock from his broker, a few weeks later the company announces the study ended early and the drug is going to be approved and the stock price shoots up.
1) Did the rep commit insider trading? He had a kind of "fiduciary responsibilty" to not share material non-public information. Did he violate it? He never told the doctor to buy stock and his job was to talk with doctors about the study.
2) Did the doctor commit insider trading? He didn't work for the company, didn't sign any agreement about stock trading, he had no "fiduciary duty" to protect the information. He had no firm information about the drug, it turned out to be true but could have been a low level rep talking out his ass.
The SEC will try to get the Doctor to agree to "disgorge" his "ill gotten earnings" because when it takes cases like this to court, it's track record isn't good. The court will want the SEC to establish the information was "material", i.e. had a significant effect on companies value, that it was "non-public", and whether the doctor owed a duty to the company not to act on the information.
It's not trivial to prove all three to the satisfaction of many judges, especially the last one.