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Insider Trading

Buying or selling securities based on material, non-public information—illegal when it breaches a duty.

Insider Trading

Insider trading involves trading securities while in possession of material, non-public information (MNPI).

Legal vs. illegal insider trading

Legal

Corporate insiders (executives, directors) can trade their company's stock, but must:

  • Report trades to the SEC via Form 4 (within 2 business days)
  • Follow company trading windows and blackout periods
  • Not trade while possessing MNPI

Illegal

Trading based on MNPI that you obtained through a position of trust or duty:

  • An executive buying shares before a positive earnings surprise
  • A lawyer trading on M&A information from a client
  • Tipping friends or family with MNPI

How the SEC detects it

  • Unusual trading volume or price movements before announcements
  • Pattern analysis of trading around corporate events
  • Tips and whistleblower programs (rewards up to 30% of sanctions)

Penalties

  • Criminal: Up to 20 years in prison and $5 million fine (individuals)
  • Civil: Up to three times the profits gained or losses avoided
  • Disgorgement of profits

For investors

Monitoring legal insider buying (Form 4 filings) can provide useful signals about management confidence.

Key Takeaways

  • Context matters when interpreting any financial metric.
  • Combine multiple data points for informed decisions.
  • Continue learning to build investment knowledge.