Definition of Insider Trading: Hearings Before the Subcommittee on Securities of the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundredth Congress, First Session ....U.S. Government Printing Office, 1987 |
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2d Cir affirmative defense ambiguities believe bill breach brokers Chairman Chiarella College of Charleston Commission's committed insider trading committee Congress corporate criminal current law defendant definition of insider Dirks employees Exchange Act Exchange Commission federal securities laws fiduciary duty firm Harvey L Harvey Pitt illegal insider trading inside information insider trading laws Insider Trading Proscriptions Insider Trading Sanctions issue John F Joint Statement misappropriation theory nonpublic information Olson Pitt and John possession of material presumption prohibition proposed legislation prosecution provision purchase or sale questions respondeat superior scienter Securities and Exchange Senator ARMSTRONG Senator BOND Senator D'AMATO Senator PROXMIRE Senator RIEGLE Senator SHELBY Senator WIRTH SHRIVER & JACOBSON Statement of Harvey statute statutory definition studied insider trading Subcommittee subsection Supreme Court takeover tender offer Thank Tidwell tion Trading Proscriptions Act Trading Sanctions Act understanding of insider violation Wall Street Journal Winans wrongful wrongful trading
Popular passages
Page 68 - ... knowledge of insolvency, and the fact of insolvency was prima facie evidence of assent and knowledge of insolvency. Mr. Justice Holmes pointed out that the state legislature could have made the directors personally liable to depositors in every case. Since the statute imposed a less stringent liability, "the thing to be considered is the result reached, not the possibly inartificial or clumsy way of reaching it.
Page 81 - ... by the use of any means or instrumentalities of interstate commerce, or of the mails, or of any facilities of any national securities exchange, or of any automated quotations system maintained for the trading of securities...
Page 159 - Before the Subcomm. on Securities of the Senate Comm. on Banking, Housing, and Urban Affairs, 97th Cong., 2d Sess.
Page 119 - ... civil investigative demand served under this section shall be answered separately and fully in writing under oath and shall be submitted under a sworn certificate, in such form as the demand designates, by — (1) in the case of a natural person, the person to whom the demand is directed, or (2) in the case of a person other than a natural person, the person or persons responsible for answering each interrogatory. If any interrogatory is objected to, the reasons for the objection shall be stated...
Page 162 - Thus, a tippee assumes a fiduciary duty to the shareholders of a corporation not to trade on material nonpublic information only when the insider has breached his fiduciary duty to the shareholders by disclosing the information to the tippee and the tippee knows or should know that there has been a breach.
Page 77 - For the purpose of this section a person shall be deemed to be responsibly connected with the business if he was a partner, officer, director, holder, or owner of 10 per centum or more of its voting stock or employee in a managerial or executive capacity.
Page 158 - Hearings on HR 7852 and HR 8720 Before the House Comm. on Interstate and Foreign Commerce. 73d Cong., 2d Sess.
Page 6 - SENATOR SASSER Senator SASSER. Well thank you very much, Mr. Chairman.
Page 152 - Rule 10b-5 to encompass and build on this principle: to mean that a person who has misappropriated nonpublic information has an absolute duty to disclose that information or to refrain from trading.
Page 152 - one who misappropriates nonpublic information in breach of a fiduciary duty and trades on that information to his own advantage violates Section 10(b) and Rule l0b-5 . " 3_9/ The court of appeals did not discuss the Di.rks decision.