Insider trading refers to the illegal practice of trading securities (such as stocks, bonds or derivatives) based on material non-public information. In England and Wales, insider trading is a serious offence with significant legal implications. Here are some key implications for insider trading:
1. Criminal Offence:
Insider trading is a criminal offence under the Criminal Justice Act 1993 and the Financial Services and Markets Act 2000 (FSMA). Engaging in insider trading can result in criminal prosecution, which may lead to imprisonment, fines or both.
2. Financial Penalties:
Individuals found guilty of insider trading can face substantial financial penalties. The court has the power to impose unlimited fines, which can be based on the amount of profit gained or loss avoided as a result of the illegal trading.
3. Regulatory Action:
The Financial Conduct Authority (FCA) is the regulatory body responsible for overseeing financial markets in England and Wales. The FCA has the authority to investigate and take enforcement action against individuals or firms involved in insider trading. Regulatory consequences can include fines, bans from working in the financial industry and reputational damage.
4. Civil Liability:
In addition to criminal and regulatory consequences, individuals engaged in insider trading may also face civil liability. Parties affected by the illegal trading, such as shareholders or investors, can bring civil lawsuits seeking damages for losses suffered as a result of the insider trading activity.
5. Market Integrity:
Insider trading undermines the integrity and fairness of financial markets. It erodes investor confidence and can lead to market distortions. Authorities in England and Wales are committed to maintaining the integrity of financial markets and take insider trading offences seriously.
6. International Cooperation:
Insider trading often involves cross-border transactions or activities. England and Wales cooperate with international counterparts to combat insider trading through mutual legal assistance, sharing of information and coordination of enforcement actions.
It is important to note that the specific legal provisions and penalties related to insider trading in England and Wales may vary depending on the circ*mstances and applicable laws.
The simple fact of the matter is that insider trading is taken very seriously by the courts and regulators and should of course be avoided at all costs. If however you have been charged with the offence of insider trading, Alexander JLO’s expert white collar crime department will be happy to assist you throughout. Why not give us a call on 020 7537 7000 or email [email protected] for a free, no obligation quotation and see what we can do for you?
This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 6th October 2023 and is correct at the time of publication. With decades of experience in almost all areas of law, Peter is happy to assist with any legal issue that you have. His profile on the independent Review Solicitor website can be found Here
