Insider trading is a serious offence that carries a number of serious penalties. If you are caught engaging in insider trading, you could face hefty fines, criminal charges, and even jail time. It’s important to understand the different types of penalties that may be imposed on those who break the law when it comes to insider trading. In this article, we’ll discuss what you need to know about insider trading penalties and why they are so severe.
Understanding Insider Trading
Insider trading is the illegal act of trading on securities, such as stocks, based on material nonpublic information obtained from an insider or other person privy to confidential information. It is illegal because it gives a select group of individuals an unfair advantage in the stock market by allowing them to trade before the public can access that same information. This results in increased profits while other investors are still unaware of the newly available information. The penalties of insider trading can be quite severe, including large fines and jail time.
When an individual trades securities based on information they should not have access to, they are breaking the law and potentially committing fraud. This means that they could face a wide range of punishments, including financial penalties and even imprisonment. Insider trading charges can be brought by both the SEC and other federal agencies, with penalties ranging from civil sanctions to criminal sentences of up to 20 years in prison and monetary fines of up to three times the amount of profit gained from the illicit trades.
How Penalties are Determined
When a person is found guilty of insider trading, the penalties they face depend on the facts and circumstances of their case. The Securities and Exchange Commission (SEC) imposes civil monetary penalties for violations of securities laws, including those related to insider trading. These penalties can include disgorgement of ill-gotten gains, financial penalties, and even jail time.
The size of the penalty imposed by the SEC depends upon the severity of the breach, the profit or loss avoided, and the level of intent involved. A violation may result in a fine of up to three times the amount gained or lost through the illegal activity, as well as other sanctions such as bars on serving as an officer or director of any public company or being associated with a registered broker-dealer. In some cases, criminal charges may be brought against the perpetrator. In addition to civil and criminal penalties, violators may also face suspension or de-registration from the stock exchange.
In making its determination, the SEC takes into consideration a variety of factors including whether or not the individual has committed any previous violations, whether the conduct was intentional or reckless, and the degree of injury caused to investors. Penalties for insider trading violations are designed to punish offenders and to deter future wrongdoing. In some cases, restitution may be ordered if a trader has profited from their illegal activities.
Punishments for Insider Trading
The primary penalty of insider trading is criminal prosecution and fines. The U.S. Securities and Exchange Commission (SEC) enforces civil regulations for insider trading, while the Department of Justice (DOJ) is responsible for bringing criminal charges against individuals who violate securities laws. If convicted of insider trading, individuals can be subjected to both criminal and civil penalties, including imprisonment, fines, and disgorgement of ill-gotten gains.
- Civil Penalties
Civil penalties are usually applied when the Securities and Exchange Commission (SEC) brings a case against someone accused of violating insider trading laws. These penalties can include hefty fines and the disgorgement of profits gained through insider trading.
- Criminal Penalties
On the other hand, criminal penalties can be applied by federal or state prosecutors when they bring charges against an individual for insider trading violations. Criminal penalties are more severe than civil penalties and can include up to twenty years in prison, as well as substantial fines.
Real-World Examples of Insider Trading Penalties
Insider trading is an illegal and highly punishable offense, and there have been numerous examples of people being sentenced for their involvement in insider trading.
- One of the most well-known cases involved Martha Stewart in 2004, who was charged with securities fraud for her involvement in trading ImClone Systems stocks. She was found guilty and sentenced to five months in prison, two years of supervised release, and fined $30,000.
- Another prominent example of an insider trading penalty is Raj Rajaratnam, a hedge fund manager at the Galleon Group. He was found guilty of 14 counts of insider trading in 2011, sentenced to 11 years in prison, and fined $10 million.
- In 1989, Michael Milken was sentenced to 10 years in prison, a $600 million fine, and had to disgorge $400 million in profits from insider trading. This case has become the benchmark example of the serious insider trading penalties. It serves as an important reminder of the need to be mindful of insider trading laws.
These are just some examples of insider trading penalties that have been imposed on those found guilty. It’s clear that those who engage in this type of activity can face severe consequences, including hefty fines and jail time. As such, it’s important to always remember the serious repercussions associated with engaging in insider trading. Penalties for insider trading will continue to remain a serious offence and must be avoided at all costs.
Bottom Line
Insider trading is a serious offence that can come with steep consequences. As outlined in this article, penalties for insider trading can range from civil fines to criminal sentences, depending on the severity of the offence. It is important for investors and corporate insiders to understand the laws surrounding insider trading and the possible punishments that may be incurred. Penalties for insider trading can be significant, so it is wise to be aware of the regulations and to refrain from engaging in any activity that could be considered illegal.
