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NCJ Number: 119020 Find in a Library
Title: Prosecution of Insider Trading: Obstacles to Enforcement
Journal: Australian and New Zealand Journal of Criminology  Volume:22  Issue:2  Dated:(June 1989)  Pages:65-81
Author(s): R Tomasic; B Pentony
Date Published: 1989
Page Count: 17
Type: Legislation/Policy Analysis; Report (Study/Research)
Format: Article
Language: English
Country: Australia
Annotation: Insider trading has been criminalized in Australia for over a decade. Yet there have been few prosecutions in respect of such conduct, and none of these have been successful.
Abstract: There is little doubt that insider trading in Australia is extensive and is to be found across many sectors of the securities industry. Despite this, the law has not proved to be an effective vehicle for the social control of insider trading nor for the deterrence of such conduct. It seems that the criminal sanctions for insider trading have been largely symbolic in nature. This article explores the obstacles to enforcement of criminal laws in this area by reference to findings from a national empirical study funded by the Criminology Research Council. The study involved in-depth interviews with almost 100 key figures in the Australian securities industry (brokers, lawyers, merchant bankers, etc.) and of officials involved in its regulation (from the Corporate Affairs Commissions and the Australian Stock Exchange). Problems in detection, proof and punishment, in the nature and extent of regulatory resources devoted to this area, and in the content of the law itself are identified and discussed. (Author abstract)
Main Term(s): Securities fraud
Index Term(s): Australia; Crime specific countermeasures; White collar crime
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