Detecting Illegal Insider Trading

A few years ago, Preet Bharara, the U.S. Attorney of the Southern District of New York, proclaimed that insider trading is “rampant” in U.S. securities markets, a quote well known to followers of financial markets and securities law. [1] Increased efforts by the U.S. department of Justice (DoJ) and the Securities and Exchange Commission (SEC) have been met with both success and failure. The admission of guilt in the insider indictment of SAC Capital, the well-known hedge fund, can certainly be counted as a victory. In contrast, the case United States vs. Newman, which will make it increasingly difficult for regulators to pursue rogue trading, can certainly be painted as a major setback in the battle against illegal and unfair trading practices. [2] In light of all these developments, any outside observer is likely faced with an overarching question: How does (or should) the SEC go about to catch the “big fish?”

Read full article: Harvard Law School Forum on Corporate Governance and Financial Regulations, November 27, 2016