Insider Trading Sanctions Act of 1984: Punishing Offenders and Detering Violations
The Insider Trading Sanctions Act of 1984 strengthened actions against insider trading by allowing the Securities and Exchange Commission (SEC) to impose civil penalties on offenders. It focuses on punishing wrongdoers rather than compensating victims. Insider trading involves using non-public information for financial gain.
Basics
The SEC was granted the authority to impose civil penalties on offenders with the implementation of the Insider Trading Sanctions Act of 1984, which prioritizes punishing those who engage in insider trading rather than compensating victims. This illegal practice involves the use of non-public information for the purpose of financial gain.
Overview of the Insider Trading Sanctions Act of 1984
The Insider Trading Sanctions Act of 1984 strengthened actions against insider trading by allowing the SEC to impose civil penalties on offenders, focusing on punishing wrongdoers rather than compensating victims. Insider trading involves using non-public information for financial gain. The Act was passed by the U.S. Congress to aid the SEC in prosecuting insider trading cases, which was a major concern in the 1980s. Prior to this Act, the potential gains from insider trading far exceeded the penalties.
Implementation
President Reagan signed the Act into law on Aug. 10, significantly increasing civil penalties and legal measures available to federal regulators for violations related to trading stocks and securities with non-public, material information. Previously, the SEC could only use injunctions to halt fraudulent actions and attempt to recover profits for victims, as allowed by the Securities Exchange Act of 1934.
Market Theory Perspective
From a market theory perspective, the Act created a "risk-reward" balance by aligning penalties with the potential for profit. Lawmakers believed that the threat of substantial monetary penalties would deter potential violators.
Punishing Offenders
The Act emphasized punishing offenders instead of compensating victims, signaling the government's commitment to cracking down on insider information abuse. Under the Insider Trading Sanctions Act, the maximum criminal fine for insider trading increased from $10,000 to $100,000.
Insider Trading Information
Insider information refers to non-public data about investments known only to corporate insiders like directors, officers, or employees. These insiders possess knowledge about the company that the general public lacks. They are strictly prohibited from using this information in public financial markets for personal or financial gain.
Insider trading occurs when individuals act upon non-public information to gain a financial advantage. For example, if an employee of a publicly-traded company learns about an upcoming buyout through internal sources, it would be considered insider trading to buy company stock before the official announcement or to inform others to do the same.
Types of Insider Trading
Insider trading extends beyond attempts to make money; it can also involve efforts to avoid losses. For instance, selling stocks in anticipation of negative news becoming public to avoid losses is also classified as insider trading.
Insider Trading Legality
While some forms of insider trading are legal when promptly and fully disclosed, the term typically refers to illegal activities. Individuals involved in illegal insider trading can face severe consequences, including civil and criminal penalties such as fines and imprisonment.
Penalties for Insider Trading
Over time, penalties for insider trading were further strengthened with the passage of the Trading and Securities Fraud Enforcement Act of 1988 (ITSFEA), which increased monetary fines and established specific prison sentences for those found guilty of insider trading offenses.
Insider Trading and Fiduciary Duty
The Act's current uncertainty revolves around fiduciary duty, which is crucial in determining liability. To be held accountable, a defendant must qualify as an insider. The Act introduced measures to define insiders and added safeguards to enhance investor confidence in capital markets. By creating a fairer environment for all investors, it is likely that the Act played a role in increasing trust in U.S. financial markets.
Conclusion
The Insider Trading Sanctions Act of 1984 strengthened actions against insider trading by imposing civil penalties on offenders. It prioritized punishing wrongdoers rather than compensating victims and aligned penalties with the potential for profit. The Act played a role in increasing trust in U.S. financial markets by creating a fairer environment for all investors.