Alfred Newman worked in the publications department of Printers Press, a financial printer. Newman handled the secret announcements of corporate takeovers. The documents he handled did not contain the actual names of the corporations; instead they were concealed by false names. The true identity of the companies would not be sent to Printers Press until the night before the final printing of the tender offers, which would then be distributed to the shareholders of the target corporations. While working on the documents, Alfred thought he figured out the names of the private companies. Before the names were given to Printers Press, Alfred purchased stock in those companies. The date after the companies were made public, he sold the shares he had purchased and realized a gain of $50,000. What elements would the government need to show that he violated Section 10(b) of the Securities Exchange Act of 1934? Can Alfred be charged with insider trading?
What elements would the government need to show that he violated Section 10(b) of the Securities Exchange Act of 1934?
The SEC Act, Section 10(b) deals with any type of violations or fraud that is committed as it pertains to the purchase or sale of any securities. In the case of Alfred, the clearly violated this specific portion of the section:
"To engage in any act, practice, or course of business which operates or would operate as a fraud or ...
A discussion regarding a specific case example of insider trading and an assessment of whether or not the individual in the case study could be charged with insider trading itself. 284 words, 1 reference.