What exactly is the definition of „insider knowledge“ and how is it restricted to be used in the USA?
Insider trading occurs when someone trades a company's securities (like stocks) based on material, non-public information about that company.
Who is an "insider"?
The SEC defines an insider as someone who has access to non-public information about a company, such as company directors, officers, or large shareholders.
Material Information:
Material information is information that, if known to the public, could significantly impact the company's stock price.
Non-Public Information:
This refers to information that the public does not yet have access to.
Why is it illegal?
The SEC prohibits insider trading to maintain a fair and transparent market where everyone has access to the same information. Insider trading gives those with access to non-public information an unfair advantage.
Examples of Insider Trading:
A company CEO uses information about an upcoming product launch to buy stock before the public announcement.
A company employee sells stock after learning about a negative development that hasn't been made public.
Legal Insider Trading:
Corporate insiders can legally buy or sell stock in their own companies, but they must follow specific timing guidelines and report the trades to the SEC.
Consequences of Insider Trading:
Violations of insider trading laws can result in significant fines, imprisonment, and other penalties.
SEC Enforcement:
The SEC actively investigates and prosecutes insider trading cases to maintain market integrity.