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38 In criminal prosecutions of insider trading or tipping, the federal mail and wire fraud statutes are another major weapon. In Carpenter v. United States,39 a unanimous Supreme Court held that certain insider trading and tipping defendants violated the federal mail fraud and wire fraud statutes. ”40 This amendment enlarges the already broad sweep of mail/wire fraud and thereby enhances its importance in the criminal prosecution of insider trading and tipping. In addition to Section 10(b)/Rule 10b-5 and mail/wire fraud, other federal statutes or SEC rules may apply.

1 INTRODUCTION In this treatise, the term “insider trading” means trading by anyone (inside or outside of the issuer) on any type of material1 nonpublic2 information about the issuer or about the market for the security. “Tipping” or “insider tipping” is the communication by anyone of this type of information to another person. C. R. 2. 3. On rare occasions, this treatise uses the phrase “corporate insider” to refer to a corporate employee or the equivalent of such an employee. 7. See Henning, Between Chiarella and Congress: A Guide to the Private Cause of Action for Insider Trading Under the Federal Securities Laws, 39 U.

With an insider purchase of an existing issue of securities, the insider has more of that issue at dissemination; someone else must have less. That person is worse off because of the insider trade. With an insider sale of an existing issue of securities, the insider has less of that issue at dissemination; someone else must have more. That person is worse off because of the insider trade. ”60 Thus, this treatise’s primary focus is on the “five fingers of federal fraud,”61 the Section 10(b)/Rule 10b-5 classical special relationship theory, the Section 10(b)/ Rule 10b-5 misappropriation theory, federal mail and wire fraud, SEC Rule 14e-3, and Securities Act Section 17(a).

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