

Welcome, to our website! Hopefully, this page will incite you to become more
knowledgeable about the recent developments in insider trading laws. By definition,
insider trading occurs when a company employee or adviser uses material nonpublic information
to make a profit by trading in the securities of the company. This practice is
considered illegal because it allows insiders to take advantage of the investing public.
Ethics, yes this centers around what is ethical and what is not in the market place.
Under the traditional or classic theory of insider trading, a corporate insider, such as an officer,
director, or controlling shareholder, has a fiduciary responsibility to the corporation and its shareholders not to disclose
nonpublic information. However, as seen in the O'Hagan's Case, the classic theory
of insider trading did not fit, because the trader owed no duty to the corporation whose securities he traded.
In other words, Mr. O'Hagan had not violated the classic theory of insider trading because neither he or his firm were insiders of the target.
Under the Misappropriation Theory, Mr. O'Hagan still holds criminal liability for violating the securities laws.
Every year the SEC investigates many cases involving insider trading and those who are in
violation are required to give up (disgorge) their profits.
Spring Quarter 1998
Georgia State University
The "Inside" Scoop on Trading Laws
This page has been visited times.
Home
Send Us Email