7 Effective Ways to Prevent Insider Trading | Volopay (2024)

Insider trading is an illegal activity conducted by the employees or directors of a company, wherein they supply critical information related to their stocks to third parties.

The data is shared with them before surfacing in the public realm, as this gives them an edge to increase their profits or lower their losses.

With beforehand knowledge of the stock price, these people can take counter-action before the news goes out in the crowd.

The illegal information supplied to a particular category of people is called material non-public information.

This information can be circulated within the company to guide the employee's actions in a specific direction, but it becomes an insider tip when this news goes out before an official announcement.

Sharing words like these that are capable of influencing stock prices is a punishable offense in the eyes of the law.

Under material non-public information, it does not matter where the information was received from or who communicated the information.

All the parties who utilized, shared, and took advantage of the news will be held accountable and need to pass the court's trial.

Suppose an employee of the company overheard non-public news and communicated it to another employee, who took advantage of this news and bought/sold shares.

According to the law, both the employees can be prosecuted under the insider trading policy for taking undue advantage of the information.

Examples of material non-public information:

• Prior knowledge of the company's acquisitions, mergers, or new ventures.

• Buy-back of stocks and share splits.

• An undisclosed or special dividend.

• Leaking of a company's financial statements or sensitive financial information.

7 Effective Ways to Prevent Insider Trading | Volopay (2024)

FAQs

7 Effective Ways to Prevent Insider Trading | Volopay? ›

Before it escalates to the government level, most companies take several measures to prevent insider trading within their securities. Some companies have blackout periods when officers, directors, and other designated people are barred from purchasing the company's securities.

How can insider trading be prevented? ›

3. How to prevent insider trading
  1. 3.1 Define inside information. ...
  2. 3.2 Create insider lists. ...
  3. 3.3 Watch out for irregular trading patterns. ...
  4. 3.4 Implement a whistleblowing platform. ...
  5. 3.5 Impose pre-clearance procedures. ...
  6. 3.6 Educate employees on insider trading.
Jan 31, 2024

How do they stop insider trading? ›

Before it escalates to the government level, most companies take several measures to prevent insider trading within their securities. Some companies have blackout periods when officers, directors, and other designated people are barred from purchasing the company's securities.

How do you defend insider trading? ›

Independent research: Defendants can claim that their trading decisions were made based on their own research, unrelated to confidential information. Preplanned trading: Trading plans established well in advance, such as those under Rule 10b5-1, can provide an affirmative defense against insider trading charges.

What are the tips for insider trading? ›

An Insider should never trade the Company's stock while you are in possession of material, nonpublic information about the Company. Additionally, you should not discuss or reveal such “inside information” about the Company to anyone, except as strictly required for a legitimate Company business purpose.

How are insider threats prevented? ›

Actively monitoring user activities, implementing strong access controls and encryption, and providing security awareness training to employees and contractors are also essential strategies for detecting and mitigating insider threats.

What are some approaches to eliminating or reducing insider trading? ›

  • Do not overshare sensitive information. ...
  • Educational programs. ...
  • Blackout periods and trading window. ...
  • Conduct due diligence. ...
  • Review and timely update restricted lists. ...
  • Review and revise the company's insider trading policies. ...
  • Watch out for irregular trading patterns.

What triggers insider trading? ›

Insider trading is buying or selling a publicly traded company's stock by someone with non-public, material information about that company. Non-public, material information is any information that could substantially impact an investor's decision to buy or sell a security that has not been made available to the public.

How to mitigate the risk of insider trading? ›

To prevent insider trading, companies can limit the number of employees accessing inside information, implement security measures, educate employees, continuously review arrangements, use smart logs, and take necessary safety precautions.

What is the 10 am rule in stock trading? ›

Traders that follow the 10 a.m. rule think a stock's price trajectory is relatively set for the day by the end of that half-hour. For example, if a stock closed at $40 the previous day, opened at $42 the next, and reached $43 by 10 a.m., this would indicate that the stock is likely to remain above $42 by market close.

What is the most effective strategy for protecting against an insider threat? ›

Conduct regular anti-phishing training. The most effective technique is for the organization to send phishing emails to its users and focus training on those users who do not recognize the email as a phishing attempt. This will help reduce the number of employees and contractors who may become compromised insiders.

How do insider traders get caught? ›

The Securities and Exchange Commission plays a pivotal role in detecting and prosecuting insider trading. The agency monitors trading activities and investigates unusual spikes in trading volume or price changes that precede significant corporate events, such as mergers or earnings reports.

Are there any defenses available for insider trading? ›

Common Defenses in Insider Trading Cases

One common defense is the lack of materiality, arguing that the information in question was not significant enough to influence an investor's decision. Another defense is that the accused did not possess insider knowledge at the time of the trade.

What are the red flags for insider trading? ›

These include unusual trading activity, sudden changes in a company's financial performance, and unusual behavior by company insiders such as selling a large amount of stock. By recognizing these red flags, individuals and organizations can take steps to investigate and prevent potential insider trading. 3.

What is the rule 16 for insider trading? ›

What is the rule? Section 16 imposes restrictions on when and how a corporate “insider” may buy and sell shares of company stock. Who does it apply to? “Insiders”, defined as officers, directors, and more than 10% shareholders are covered by the rules.

What are the three types of insider trading? ›

Classic Insider Trading: Buying or selling assets based on important non-public information. Tipper-Tippee Trading: An insider gives others access to confidential information so they can trade using it. Trading During Blackout Periods: Insider trading during times when particular people are barred from trading.

How does the government stop insider trading? ›

Banning Insider Trading in Congress Act

This bill prohibits a member of Congress or spouse of a member of Congress from holding, purchasing, or selling certain investments. Any profit made in violation of the prohibition must be disgorged to the Treasury and may subject the member of Congress to a civil fine.

How to regulate insider trading? ›

Regulatory measures to combat insider trading

Rule 10b-5: Under the Exchange Act, rule 10b-5 is anti-fraud provision that makes it unlawful for anyone to directly or indirectly use misleading statements, manipulative devices, or omit essential information to buy or sell securities.

How can malicious insider threat be prevented? ›

Insider Threat Prevention Best Practices
  • Perform an Enterprise-Wide Risk Assessment. ...
  • Enforce Policies and Controls. ...
  • Establish Physical Security in the Work Environment. ...
  • Use Software Solutions to Secure Access. ...
  • Implement Proper Access Controls. ...
  • Regularly Monitor Activities to Detect Unauthorized Actions.

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