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NCJRS Abstract

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NCJ Number: 160754 Find in a Library
Title: Insider Dealing (From The Regulation and Prevention of Economic Crime Internationally, P 157-161, 1995, Jonathan Reuvid, ed. -- See NCJ-160747)
Author(s): J Reuvid
Date Published: 1995
Page Count: 5
Sponsoring Agency: Kogan Page Ltd
London, N1 9JN, England
Sale Source: Kogan Page Ltd
120 Pentonville Road
London, N1 9JN,
United Kingdom
Type: Legislation/Policy Description
Language: English
Country: United Kingdom
Annotation: This chapter reviews the provisions of British legislation that addresses the offense of "insider dealing" (insider trading).
Abstract: The relatively new offense of "insider dealing," first addressed in The Company Securities (Insider Dealing) Act of 1985 and referred to in The Financial Services Act of 1986, is redefined and legislated against more effectively in the Criminal Justice Act of 1993, which replaces in full the 1985 Act and the relevant sections of the 1986 Act. Insider dealing is categorized as the companion offense of fraud and corruption. Part V of the Act defines the offense of insider dealing as follows: "An individual who has information as an insider is guilty of insider dealing if ... he deals in securities that are price-affected in relation to the information in the following circumstances: namely, that the acquisition or disposal in question occurs on a regulated market, or that the person dealing relies on a professional intermediary or is himself acting as a professional intermediary." An individual who has information as an insider is also guilty of insider dealing if "he discloses the information, otherwise than in the proper performance of the functions of his employment, office or profession to another person" or alternatively if he encourages someone else to deal in securities that are price-affected (whether or not that other person knows it) in relation to the information, knowing or having reasonable cause to believe that the dealing would occur in the circumstances specified in the Act. The penalties for an individual found guilty of insider dealing on summary judgment are imprisonment for a period of not more than 6 months or a fine not exceeding the statutory maximum. On conviction on indictment, the penalties are a fine or imprisonment for not more than 7 years or both. This chapter also outlines the defenses that are effective against charges of insider dealing.
Main Term(s): Criminology
Index Term(s): Defense; Foreign laws; Insider trading; Securities fraud; White collar crime
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