←back to thread

417 points mkmk | 1 comments | | HN request time: 0.205s | source
Show context
kypro ◴[] No.37601673[source]
I know this isn't what happened, but what if one day I'm waiting for the bus and I over hear a guy talking on their phone about an imminent acquisition?

1. Would that still fall under insider trading even if the information was accidentally heard, and even if I wasn't 100% sure of its accuracy?

2. If I had no clear connection to the company how would it be proven that I was trading on insider information? Surely it's not enough just to say the trade was statistically unlikely, or is it?

replies(15): >>37601721 #>>37601730 #>>37601752 #>>37601767 #>>37601801 #>>37601931 #>>37602055 #>>37602097 #>>37602107 #>>37602179 #>>37602306 #>>37602419 #>>37602589 #>>37602619 #>>37602877 #
bragr ◴[] No.37601730[source]
It's still not public information (e.g. "Material Nonpublic Information"). You can't trade on it.

See 17 CFR § 240.10b5-1 "Trading “on the basis of” material nonpublic information in insider trading cases", particularly section (b) "Awareness of material nonpublic information."

https://www.law.cornell.edu/cfr/text/17/240.10b5-1

replies(4): >>37601835 #>>37601951 #>>37602258 #>>37602548 #
yieldcrv ◴[] No.37601835[source]
disagree, the SEC has lost a lot of cases on this idea

if you’re not affiliated with the company and simply overhear and trade, make enough to retain a lawyer real quick

replies(1): >>37602361 #
1. mcguire ◴[] No.37602361[source]
Oh, no doubt. There will be an investigation looking for a relationship.