Insider trading

Criminal law
Elements
Actus reus Mens rea Causation Concurrence
Scope of criminal liability
Accessory Accomplice Complicity Corporate Principal Vicarious
Severity of offense
Felony (or Indictable offense) Infraction (also called violation) Misdemeanor (or Summary offense)
Inchoate offenses
Attempt Conspiracy Incitement Solicitation
Offense against the person
Assassination Assault Battery Child abuse Criminal negligence Defamation Domestic violence False imprisonment Frameup Harassment Home invasion Homicide Human trafficking Intimidation Kidnapping Menacing Manslaughter (corporate) Mayhem Murder felony Negligent homicide Robbery Stalking Torture
Sexual offenses
Adultery Bigamy Child sexual abuse Cybersex trafficking Fornication Homosexuality Incest Indecent exposure Masturbation Obscenity Prostitution Rape Sex trafficking Sexual assault Sexual slavery Voyeurism
Crimes against property
Arson Arms trafficking Blackmail Bribery Burglary Embezzlement Extortion False pretenses Forgery Fraud Gambling Intellectual property violation Larceny Looting Payola Pickpocketing Possessing stolen property Robbery Smuggling Tax evasion Theft Trespass to land Vandalism, Mischief
Crimes against justice
Compounding Malfeasance in office Miscarriage of justice Misprision Obstruction Perjury Perverting the course of justice
Crimes against the public
Apostasy Begging Censorship violation Dueling Genocide Hostage-taking Illegal consumption (such as prohibition of drugs, alcohol, and smoking) Miscegenation Piracy Regicide Terrorism Usurpation War crimes
Crimes against animals
Cruelty to animals Poaching Wildlife smuggling Bestiality
Crimes against the state
Lèse-majesté Treason Espionage Secession Sedition Subversion
Defenses to liability
Actual innocence Automatism Consent Defense of property Diminished responsibility Duress Entrapment Ignorantia juris non excusat Infancy Insanity Justification Mistake (of law) Necessity Provocation Self-defense
Other common-law areas
Contracts Defenses Evidence Property Torts Wills, trusts and estates
Portals
Law
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Criminology and penology
Theory Anomie Biosocial criminology Broken windows Collective efficacy Crime analysis Criminalization Differential association Deviance Expressive function of law Labeling theory Psychopathy Rational choice Risk & actuarial criminology Social control Social disorganization Social learning Strain Subculture Symbolic interactionism Victimology
Types of crime Against Humanity Person State Class Blue-collar White-collar Cold case Perfect Corporate Juvenile International Organized Political Public-order State State-corporate Transnational Victimless War
Methods Comparative Profiling Critical theory Ethnography Uniform Crime Reports Crime mapping Positivist school Qualitative Quantitative BJS NIBRS
Penology Denunciation Deterrence Incapacitation Trial Prison abolition open reform Prisoner Prisoner abuse Prisoners' rights Rehabilitation Recidivism Justice in penology Participatory Restorative Transformative Retributive Solitary confinement
Schools Anarchist Chicago Classical Conflict Critical Environmental Feminist Integrative Italian Marxist Neo-classical Positivist Postmodernist Realism Left Right
Subfields American Anthropological Biosocial criminology Conflict Criminology Critical Culture Cyber Demography Development Environmental Experimental Organizational Political Public Radical criminology
Browse Index Journals Organizations People
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Insider trading is the trading of a public company's stock or other securities (such as bonds or stock options) based on material, nonpublic information about the company. In various countries, some kinds of trading based on insider information are illegal. This is because it is seen as unfair to other investors who do not have access to the information, as the investor with insider information could potentially make larger profits than a typical investor could make. The rules governing insider trading are complex and vary significantly from country to country. The extent of enforcement also varies from one country to another. The definition of insider in one jurisdiction can be broad and may cover not only insiders themselves but also any persons related to them, such as brokers, associates, and even family members. A person who becomes aware of non-public information and trades on that basis may be guilty of a crime.

Trading by specific insiders, such as employees, is commonly permitted as long as it does not rely on material information not available to the general public. Many jurisdictions require that such trading be reported so that the transactions can be monitored. In the United States and several other jurisdictions, trading conducted by corporate officers, key employees, directors, or significant shareholders must be reported to the regulator or publicly disclosed, usually within a few business days of the trade. In these cases, insiders in the United States are required to file Form 4 with the U.S. Securities and Exchange Commission (SEC) when buying or selling shares of their own companies. The authors of one study claim that illegal insider trading raises the cost of capital for securities issuers, thus decreasing overall economic growth.^[1] Some economists, such as Henry Manne, argued that insider trading should be allowed and could, in fact, benefit markets.^[2]

There has long been "considerable academic debate" among business and legal scholars over whether or not insider trading should be illegal.^[3] Several arguments against outlawing insider trading have been identified: for example, although insider trading is illegal, most insider trading is never detected by law enforcement, and thus the illegality of insider trading might give the public the potentially misleading impression that "stock market trading is an unrigged game that anyone can play."^[3] Some legal analysis has questioned whether insider trading actually harms anyone in the legal sense, since some have questioned whether insider trading causes anyone to suffer an actual "loss" and whether anyone who suffers a loss is owed an actual legal duty by the insiders in question.^[3]