Monday, November 14, 2011

David Barker writes that Congress is indeed subject to insider trading laws

He points me to a paper by Donna Nagy.  I will be curious to see if a prosecutor does anything with it.


2 comments:

  1. I think the author is right. SEC rule 10b5-2 is broadly written, dealing with "the purchase or sale of securities on the basis of, or the communication of, material nonpublic information misappropriated in breach of a duty of trust or confidence."

    The rule is short, and you can find it here:

    http://taft.law.uc.edu/CCL/34ActRls/rule10b5-2.html

    From scanning the article, it seems to come down to questions of whether:

    * The SEC would pursue civil actions, and
    * The DOJ would pursue criminal actions.

    I'm not optimistic, but it might take trying one or two egregious cases to make it all stop.

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  2. This was on Freakonomics a few months ago, referencing a recent paper looking at investment returns of congressmen:

    http://www.freakonomics.com/2011/05/25/politics-pays-evidence-of-insider-trading-among-congressmen/

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