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What is Insider Trading?
The definition of insider trading is found under 17 CFR 240.10b-5, where it states that it is illegal to make any statements, omit any information, or engage in any fraudulent activity in connection with the purchase or sale of any security or non-public information. Anyone who has the ability to come in contact with stocks, bonds and other such securities cannot sell those securities without explicit authority from the owner of those securities. Otherwise, they are guilty of insider trading.
Federal charges of insider trading are punishable under 15 USC § 78u-1. The penalty for this offense is determined by the court, but cannot exceed three times the profit gained or loss avoided through the act. Also, if there was an individual controlling the person who performed the insider trading, they may also be punished under the same section and will be penalized by three times the profit gained or loss avoided, with a limit of $1 million. Even if you did not commit such a crime, you should be sure to retain an aggressive lawyer if you are facing charges. Without proper defense, you could be sentenced for insider trading even if you are innocent.
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