Us Insider Trading Law Enforcement

This article surveys insider trading enforcement actions brought by the Securities and Exchange Commission (SEC) in the United States in the five-year period from 2009 to 2013. We first introduce the legal framework in which securities laws are enforced in the United States and then focus our analysis on the empirical data of insider trading cases collected from the SEC's news releases and its website. By categorizing actions surveyed, information about types of defendants, types of information used, illicit gain, case results, settlement, and subsequent criminal prosecutions brought by the Department of Justice are revealed and a more complete picture of the enforcement of insider trading law in the U.S is thus provided.Accordingly, this survey offers needed factual understandings to tackle several core issues in the U.S. securities law enforcement: the reason why the SEC is taking such a prime position in securities law enforcement, the phenomenon of extensive use of settlements and their decision process, and the advantages as well as problems brought by the current approach.

Explains why the current US insider trading regime is inefficient and unjust, and offers a clear path to reform.

A guide to avoiding insider trading liability. It gives you the legal knowledge and practical tools you need to determine what's legal, what's not, and what you can do to minimise liability exposure.

This book offers the first detailed analysis of Chinaand’s insider trading law, explaining what constitutes insider trading in China and what the consequences of unlawful insider trading might be there. More importantly, it suggests ways in which the law might more effectively prevent the occurrence of insider trading in the first place. Among the elements of the legal framework addressed by the author are the following: and• Who benefits from insider trading and• The issue of when information becomes public and• A comparative law treatment of the underlying theories of insider trading liability and• Private civil liability and• Damage caps and• Measures of recovery The authorand’s approach focuses on Chinaand’s readiness to adopt foreign ideas without adequately assimilating them into the local context. In this connection, he sets out valuable reform proposals, using authority from field interviews with Chinese stakeholders as well as from comparative case law.

A thorough analysis of insider trading requires the integration of law and finance, and this book presents a theoretical and empirical examination of insider trading by incorporating a synthesis of securities law with that of financial theory. The book begins with a conceptual framework that explores the theoretical roles of markets, firms and publicly held corporations, including a discussion of corporate governance to determine both who may have access to nonpublic information, and their legal rights and responsibilities. The book then examines different aspects of the securities laws, including the Securities Act of 1933, the Securities Exchange Act of 1934, and a critique of the SEC disclosure rules and their ramifications for market efficiency. This is followed by a detailed chronology of insider trading regulations enacted in the U.S. since 1934 and an overview of the existing empirical literature on insider trading. Empirical evidence is presented on insider trading activities and the merit of anti-insider trading laws is evaluated on theoretical arguments and recent empirical developments. The authors conclude by arguing that insider trading laws and enforcement activities have failed and propose the decriminalization of insider trading.