If you’re thinking of doing insider trading, or have already done it – you may wonder what are the possible legal ramifications if the law catches up with you. You may be at risk for either criminal, or civil penalties. If you’re caught, and are convicted of a civil penalty, then all you’ll need to worry about is a fine. If you’re convicted criminally, then not only will you have to pay a fine, but also be sent to jail. This is the worst thing that can possibly happen.
Examples of Insider Trading Cases
In the recent article posted on Forbes, an example is given of Raj Rajaratnam, of Galleon Group, who gained almost 80 million in profits, doing insider trading. He was sent to 11 years in prison, as a result of trading based on confidential, inside, information. In contrast, William Marovitz, husband of Playboy CEO Christie Hefner, traded on Playboy stock from 2004 to 2009, and only paid a fine, without going to jail.
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(212) 300-5196I suppose if you were looking to buy/sell publicly traded stocks based on inside information, you would probably want to do the kind that, if detected, would result in a civil penalty (fine) rather than a criminal one (jail and fine). Nobody wants the alternative.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
You receive a letter from the SEC stating you are under investigation for securities violations based on trades you made months ago.
Should you respond to the SEC on your own?
Never respond to SEC inquiries without experienced legal counsel. Early statements can be used against you in both civil and criminal proceedings. An attorney can negotiate with investigators and protect your Fifth Amendment rights.
This is general information only. Contact us for advice specific to your situation.
Factors Determining Criminal vs. Civil Charges
If you’re in a situation where you are at risk of being charged with insider trading, then learning the factors that might contribute to being charged criminally versus civilly, may be helpful. There’s a few factors that help determine this classification:
