All about insider trading?
Insider trading is buying or selling a publicly traded company's stock by someone with non-public, material information about that company. Non-public, material information is any information that could substantially impact an investor's decision to buy or sell a security that has not been made available to the public.
Insider trading is buying or selling a publicly traded company's stock by someone with non-public, material information about that company. Non-public, material information is any information that could substantially impact an investor's decision to buy or sell a security that has not been made available to the public.
The main argument against insider trading is that it is unfair and discourages ordinary people from participating in markets, making it more difficult for companies to raise capital. Insider trading based on material nonpublic information is illegal.
But even when it is legal, insider trading is very profitable. That's because insiders trading on public information are more knowledgeable about their industry and process information more effectively than outside investors. With global companies, the advantage of being an insider increases.
This prosecutorial choice may have been due to how the law is written. “It is incredibly difficult to prove an insider trading case,” said Daniel Taylor, a forensic accounting professor at the University of Pennsylvania. “Congress has never actually defined what insider trading was and explicitly outlawed it.”
Legal insider trading happens often, such as when a CEO buys back company shares, or when employees buy stock in the company where they work. Illegal use of non-public material information is generally used for profit.
Hypothetical Examples of Insider Trading
A publicly traded company executive learns that the upcoming earnings report will be substantially better than anticipated. The executive buys many shares before the report's release knowing that this information will probably cause the company's stock price to soar.
How Do People Get Caught Insider Trading? The Securities and Exchange Commission uses a variety of methods to uncover insider trading, including market surveillance and reports from self-regulatory bodies.
The US Securities and Exchange Commission prosecutes approximately 50 insider trading cases per year, and there are harsh penalties of up to 20 years in prison.
Prosecutors must prove that the defendant actually received information, that the information was both “material” and “nonpublic,” and that the information directly influenced the defendant's trade.
What are the 2 types of insider trading?
There are two types of insider trading, legal and illegal.
In the illegal kind, one breaches the company's trust by trading based on the inside information while others remain ignorant. In legal cases, an insider buys or sells securities of their corporation based on the inside information.
Insider trading, as opposed to other forms of informed trading, can harm the integrity of the markets and lead to serious legal implications for the individuals involved. It also victimizes everyday investors who don't have access to the same information as the insiders.
The parties more likely to be hurt by insider trading are the owners of companies, those insiders' employers that, for corporations, are the ongoing shareholders and society in general.
The Dirks test is a standard the SEC and the U.S. court system uses to establish if someone who receives and acts on insider information (also known as a "tipee") is guilty of insider trading. The Dirks test stems from the 1983 Supreme Court case, Dirks v.
Market surveillance activities: This is one of the most important ways of identifying insider trading. The SEC uses sophisticated tools to detect illegal insider trading, especially around the time of important events such as earnings reports and key corporate developments.
Warning Signs of Insider Trading: Some warning signs of insider trading include unusual trading activity, sudden stock price changes, and large trades by insiders. For example, if a company's stock price suddenly jumps before a major announcement, it could be a warning sign of insider trading.
Some traders follow something called the "10 a.m. rule." The stock market opens for trading at 9:30 a.m., and the time between 9:30 a.m. and 10 a.m. often has significant trading volume. Traders that follow the 10 a.m. rule think a stock's price trajectory is relatively set for the day by the end of that half-hour.
Illegal insider trading occurs when an individual within a company acts on nonpublic information and buys or sells investment securities. Not all buying or selling by insiders—such as CEOs, CFOs, and other executives—is illegal, and many actions of insiders are disclosed in regulatory filings.
Insider trading isn't illegal as long as the person reports the trade to the Securities and Exchange Commission and the information is already in the public domain.
On June 17, 2004, a judge sentenced Martha Stewart to five months in prison and two years of supervised release, along with fining her $30,000. Stewart went to prison proclaiming her innocence, which she still maintains to this day.
What famous celebrity was accused of insider trading?
Martha Stewart
The world's most famous homemaker, known for her ubiquitous brand that includes a TV show on PBS, magazine and line of home goods, was convicted in 2004 of conspiracy and obstruction of justice related to an investigation into her selling of shares of drugmaker ImClone Systems.
Stock | Company Name | Total Value Bought 1W |
---|---|---|
PBF | Pbf Energy Inc | $ 53.86M |
LSXMK | Liberty Media Corp Del | $ 33.04M |
LSXMA | Liberty Media Corp Del | $ 22.33M |
ECAT | Blackrock Esg Cap Allc Term | $ 3.92M |
For both M&A and earnings announcements, we estimate that the probability of detection/prosecution of insider trading is around 15%. This estimated rate is consistent with rational crime theories that suggest no rational individual would conduct insider trading if the likelihood of detection is high (Becker, 1968).
The SEC is the primary federal regulator that investigates and prosecutes cases of insider trading. The agency has a division, called the Division of Enforcement, which is responsible for bringing enforcement actions against individuals and companies who violate securities laws.
The median insider who trades in a given year earns annual abnormal profits of $464, while the average insider earns $12,000 per year. We also show that high percentage returns do not imply high dollar profits.
References
- https://www.investopedia.com/ask/answers/what-exactly-is-insider-trading/
- https://www.new-york-lawyers.org/federal-insider-trading-crimes-and-fraud.html
- https://www.investopedia.com/articles/investing/021815/how-sec-tracks-insider-trading.asp
- https://www.justia.com/criminal/offenses/white-collar-crimes/insider-trading/
- https://www.investor.gov/introduction-investing/investing-basics/glossary/insider-trading
- https://www.uts.edu.au/news/business-law/how-much-insider-trading-really-happens-us-stock-markets
- https://www.business-standard.com/about/what-is-insider-trading
- https://www.investopedia.com/ask/answers/08/blackout-period.asp
- https://www.investopedia.com/articles/markets-economy/092216/why-insider-trading-bad-financial-markets.asp
- https://www.investopedia.com/articles/02/061202.asp
- https://fortune.com/2023/08/26/is-insider-trading-legal-c-suite-executives-beat-market/
- https://www.easyllama.com/blog/why-is-insider-trading-bad/
- https://www.sec.gov/news/speech/speecharchive/1998/spch221.htm
- https://www.sec.gov/about/reports-publications/investor-publications/about-settling-trades-in-three-days-introducing-t-3
- https://www.proquest.com/scholarly-journals/owners-traders-who-are-real-victims-insider-trad/docview/198015057/se-2
- https://www.morganlewis.com/pubs/2023/03/insider-trading-can-there-be-a-tippee-without-a-tipper
- https://s2analytics.com/blog/the-fifteen-minute-rule-lessons-in-technical-trading/
- https://corporatefinanceinstitute.com/resources/career-map/sell-side/capital-markets/insider-information/
- https://www.law.cornell.edu/wex/insider_trading
- https://www.thesaurus.com/browse/inside-information
- https://www.investopedia.com/terms/i/insidertrading.asp
- https://www.investopedia.com/terms/d/dirks-test.asp
- https://www.quora.com/Can-a-CEO-sell-shares-during-a-short-squeeze
- https://corporatefinanceinstitute.com/resources/wealth-management/what-is-insider-trading/
- https://www.quora.com/Can-employees-buy-and-sell-shares-in-the-companies-they-work-for
- https://www.cnbc.com/2023/08/10/why-insider-trading-is-so-difficult-to-stop.html
- https://www.5paisa.com/blog/what-is-insider-trading
- https://www.investopedia.com/articles/investing/040915/buy-stock-insiders-how-track-insider-buying.asp
- https://www.merriam-webster.com/dictionary/overshare
- https://www.meltzerandbell.com/news/fighting-insider-trading-charges/
- https://fastercapital.com/content/Insider-trading-tips--Recognizing-warning-signs-and-red-flags.html
- https://www.investopedia.com/articles/02/121002.asp
- https://www.investopedia.com/articles/03/100803.asp
- https://www.dictionary.com/browse/informant
- https://fivethirtyeight.com/features/whats-so-wrong-with-insider-trading-anyway/
- https://www.investopedia.com/articles/stocks/07/10b5-1.asp
- https://www.coxwelllaw.com/criminal-defense/white-collar-offenses/insider-trading/
- https://harbert.auburn.edu/binaries/documents/center-for-ethical-organizational-cultures/cases/martha-stewart.pdf
- https://prisonprofessors.com/insider-trading-faq-part-1/
- https://hedgefollow.com/largest-insider-buys.php
- https://finance.yahoo.com/news/10-unbelievable-cases-insider-trading-172050946.html
- https://www.easyllama.com/chapter/tippers-and-tippees/
- https://business.fiu.edu/news/2023/insider-trading-the-legal-kind.html
- https://www.cnbc.com/video/2023/08/10/why-prosecuting-insider-trading-is-so-problematic.html
- https://www.investopedia.com/ask/answers/050115/what-are-some-reallife-examples-8020-rule-pareto-principle-practice.asp
- https://www.sec.gov/Archives/edgar/data/1164964/000101968715004168/globalfuture_8k-ex9904.htm
- https://www.dictionary.com/browse/suspicious
- https://www.jbepnet.com/journals/Vol_4_No_3_September_2017/5.pdf
- https://theconversation.com/what-is-insider-trading-two-finance-experts-explain-why-it-matters-to-everyone-205180
- https://www.investopedia.com/articles/stocks/09/insider-trading.asp
- https://www.investopedia.com/terms/i/insiderinformation.asp
- https://www.investopedia.com/terms/i/insider-buying.asp
- https://en.wikipedia.org/wiki/Insider_trading
- https://sites.duke.edu/thefinregblog/2021/03/31/how-much-insider-trading-happens-in-stock-markets/
- https://www.econ.iastate.edu/node/656
- https://revfin.org/the-dollar-profits-to-insider-trading/
- https://www.investopedia.com/terms/o/openingprice.asp
- https://www.secatty.com/legal-blog/insider-trading/
- https://money.cnn.com/gallery/investing/2014/06/02/insider-trading-famous-cases/index.html
- https://www.bloomberg.com/news/articles/2023-08-07/what-defines-insider-trading-and-when-is-it-illegal