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Insider Trading Case Summary
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1. Albert has committed insider trading by accepting information from his uncle that was obtained illegally. This is also highly unethical to use this information. The second unethical behavior Albert conducted was to ignore or not say “no” to Barry’s offer to put through his and Mary’s trades before other clients and also illegal. Albert should not have traded his uncle’s and his uncles friends’ stocks into high-risk markets. This was illegal as well as unethical and may be a violation of the “consumer protection law” since Allen did not have permission to trade in non-risky stocks. The Federal Trade Commission (FTC), another governing body, may, work in tandem with the SEC to investigate the wrong doing in this case since it involves …show more content…
Using the information that clients have disclosed when intoxicated is unethical because the clients do not have the control of their faculties to control how much or what information they are divulging. It is not clear as to whether or not Albert is directly involved in the IPO’s or if he just watches for new IPO’s to emerge on the market and notifies his clients. However, if he is directly involved in the IPO’s and gives his clients information about them, this is illegal and considered inside trading. Albert could face criminal charges if he is involved in this activity. Criminal suits are filed and prosecuted in a federal or State court (Ferrell, Fraedrich, & Ferrell, 2011, p. 96). Albert’s supervisor’s request to buy stocks and he would “pay the taxes and give [Albert] a little bonus for Christmas (Ferrell, Fraedrich, & Ferrell, 2011, p. 122)” is very suspicious. At the very least it would be against core practices in the stock market. Core practices are “documented best practices often encouraged by legal and regulatory forces as well as industry trade associations (Ferrell, Fraedrich, & Ferrell, 2011, p. 93)”. This could very well be unethical, a conflict of interest or insider trading depending on why his supervisor wants him to buy this
The seriousness of insider trading was not brought to light until some time after the stock market crash of 1929. This specific event can be summed up as a day where many investors traded around 16 million shares
Dennis Kozlowski was living his dream as a multimillionaire and if anyone got in the way of his dream to create his empire then they would be stepped on like a bug. This is what happened to Jeanne Terrile at Merrill Lynch. Terrile smelled something funny coming from Tyco and when she acknowledged that something was wrong, she was shut down quickly. Nobody knows for sure if Kozlowski paid off the CEO of Merrill Lynch, David Komansky, or not and nobody knows what they talked about. The fact is that Jeanne Terrile was replaced and the stock recommendation for Tyco soon changed after their talk. Terrile decided to do what she thought was right and make sure to notify people of what she thought of the company. Because of Terrile’s ethical decision
In other words, its buying and selling of securities that has obtained non-public material information, and in Martha’s case she was guilty of it. “However in an interesting legal technicality, Martha Stewart did not necessarily breach a fiduciary duty to the other investors, since she had no real obligations to inform other investors, which would be the case if she were an officer with company (US SEC, 2009). This being said, if she confessed her actions were wrong, she would not have been convicted of insider trading. Insider trading can be either legal or illegal due to the nature and the timeframe. This was not the road that Martha Stewart decided to take. ‘She instead chose to collide with her broker in an attempt to barricade a story about how there was a standing order for Ms. Stewart to sell her shares” (US SEC, 2009). Martha Stewart had knowledge on the ethics surrounding trading of stock having already been a CEO, she should have known what she was doing, but one can argue that due to her crazy work life, she simply did no think about it. It shows that she is not engaging in illegal behavior. “Martha Stewart displayed her morality lies when lying to the US authorities even thought this was obviously illegal and unethical; her action can also be analyzed through egoism philosophy where right or acceptable behavior defined in terms of consequences to the individual, regarding maximizing self0interest” (Carr, 2002). Martha Stewart thought she did everything right, but still did not bother to warn the shareholders. If insider trading had not taken place, it would be less of a crime, but her actions indicated unethical behavior and define lack of integrity, and lying to Federal investigators only made it
There are many instances of insider trading that have taken place in the U.S. stock exchange. The Federal Reserve and The Federal Government have clearly stated that insider trading undermines the law and is illegal, but individuals insider trade anyway.
The stock market is an enigma to the average individual, as they cannot fathom or predict what the stock market will do. Due to this lack of knowledge, investors typically rely on a knowledgeable individual who inspires the confidence that they can turn their investments into a profit. This trust allowed Jordan Belfort to convince individuals to buy inferior stocks with the belief that they were going to make a fortune, all while he became wealthy instead. Jordan Belfort, the self-titled “Wolf of Wall Street”, at the helm of Stratton Oakmont was investigated and subsequently indicted with twenty-two counts of securities fraud, stock manipulation, money laundering and obstruction of justice. He went to prison at the age of 36 for defrauding an estimated 100 million dollars from investors through his company (Belfort, 2009). Analyzing his history of offences, how individual and environmental factors influenced his decision-making, and why he desisted from crime following his prison sentence can be explained through rational choice theory.
Jordan Belfort starts off his first day on Wall Street eager to make it to the top, only to be told he is nothing more than lowly scum by Thomas Middleditch’s character. Mark Hanna takes Jordan out to lunch later that afternoon to show him the “real” way of making money. Mark explains that there is only two ways of being a stockbroker without losing your mind, and that is with cocaine and prostitutes. Mark incepts that making money is the only goal one should have. He tells Jordan that his only objective is to move money from the client’s pocket to your pocket. Jordan is first hesitant about cheating his client’s money away from them, but puts his skepticism aside and joins in on Hanna’s power chant. Jordan faces an internal conflict similar to what many have felt; should I choose to make money even if I know my actions to obtain that money is morally wrong? Like Jordan most people selfishly continue to make money, and push away their morals aside.
The trial court found that DiNofrio had imputed knowledge of the breach and thus could be found willfully blind. R. 18. While, the court of appeals disagreed that willful blindness could be used in an insider trading case, it did not dispute the trial court’s finding that DiNofrio had imputed knowledge of the breach. R. 26–27. The evidence is sufficient to show that such imputed knowledge did exist. DiNofrio was at the same party as the original tipper and tippee, she knew they were cousins, and had seen the two of them talking that evening. R. 4–5. Cuzick provided DiNofrio confidential information about iTech, Cuzick told her it came from a good authority, and DiNofrio knew that the Director of Finance of iTech was at the party. R. 18. DiNofrio also may have known Bookwalter and talked to him that evening. R. 14. Together, this information and DiNofrio’s trades are sufficient to establish that DiNofrio was willfully blind to Abernathy’s
Jordan Belfort is the notorious 1990’s stockbroker who saw himself earning fifty million dollars a year operating a penny stock boiler room from his Stratton Oakmont, Inc. brokerage firm. Corrupted by drugs, money, and sex he went from being an innocent twenty – two year old on the fringe of a new life to manipulating the system in his infamous “pump and dump” scheme. As a stock swindler, he would motivate his young brokers through insane presentations to rile them up as they defrauded investors with duplicitous stock sales. Toward the end of this debauchery tale he was convicted for securities fraud and money laundering for which he was sentenced to twenty – two months in prison as well as recompensing two – hundred million in restitution to any swindled stock buyers of his brokerage firm (A&E Networks Television). Though his lavish spending and berserk party lifestyle was consumed by excessive greed, he displayed both positive and negative aspects of business communications.
middle of paper ... ... They had complete disregard for ethical standards that they should have looked towards when making their decisions. They allowed greed, and notoriety, to take over their basic perceptions of what is right, and what is wrong. So in conclusion, I have provided my analysis of ethical behavior that surrounded the financial events of Bernie Madoff, and the events that surrounded Enron.
This case study is not about Ms. Stewart direct participation with illegal insider trading as the media had steered the public to believe. To begin, Ms. Stewart received a phone call from Ann Armstrong, her assistant, stating that Peter Bacanovic, her stockbroker, “thinks ImClone is going to start trading down.” (Arnold, Beauchamp, Bowie, 2013, p. 390) Although Ms. Stewart was not able to get a hold of Peter, she talked to his assistance, Douglas Faneuil,
Wall Street in the 1980s had big competition among the brokers to make money in legal and illegal ways. Although, making money was easy and quick, but nothing can compare to Bud’s guilty feelings. Bud causes loss of
But since the latter part of the 1960’s, stricter enforcement of insider trading practices has been put into place because of financial scandals. The first to be discussed is a concrete definition of “insider trading” as it is discussed in this essay. According to the “European Communities 1989 Insider Dealing Directive”, insider trading is the dealing on the basis of materials, unpublished, price-sensitive information possessed as a result of one’s employment. (Insider Trading)” Ivan Boesky pleaded guilty to the biggest insider-trading scheme discovered by the United States Securities and Exchange Commission (SEC). He made $200 million by profiting from stock-price volatility in corporate mergers.
Jordan Belfort is the notorious 1990’s stockbroker who saw himself earning fifty million dollars a year operating a penny stock boiler room from his Stratton Oakmont, Inc. brokerage firm. Corrupted by drugs, money, and sex, he went from being an innocent twenty – two year old on the fringe of a new life to manipulating the system in his infamous “pump and dump” scheme. As a stock swindler, he would motivate his young brokers through insane presentations to rile them up as they defrauded investors with duplicitous stock sales. Toward the end of this debauchery tale he was convicted for securities fraud and money laundering for which he was sentenced to twenty – two months in prison as well as recompensing two – hundred million in restitution to any swindled stock buyers of his brokerage firm. Though his lavish spending and berserk party lifestyle was consumed by excessive greed, he displayed both positive and negative aspects of business communications.
The wealthy rule the world through manipulations. One way the wealthy manipulate society is through Wall Street, or the stock market. Brokers persuade clients to invest in stocks for prices that are way above their comfort zone. They then turn around and collect fees from those lofty sales. It is a deceitful game that only the fit and callous wins. This happens in “Broiler Room” when Seth cleans a doctor out of his life savings, and destroys his marriage by selling him a stock that didn’t exist. He continued to mislead his clients for his own greedy gain. We see in the movie “Boiler Room”, a mismanagement of fees and broker abuse that is parallel to our lives today (Younger, Todd, & Todd, 2001). A as matter of fact, according to John Bellamy’s article, a poll revealed that 71 percent of the public believes that limits should be imposed on the compensation of Wall Street executives (Foster & Holleman, 2010).
The Enron Corporation was an American energy company that provided natural gas, electricity, and communications to its customers both wholesale and retail globally and in the northwestern United States (Ferrell, et al, 2013). Top executives, prestigious law firms, trusted accounting firms, the largest banks in the finance industry, the board of directors, and other high powered people, all played a part in the biggest most popular scandal that shook the faith of the American people in big business and the stock market with the demise of one of the top Fortune 500 companies that made billions of dollars through illegal and unethical gains (Ferrell, et al, 2013). Many shareholders, employees, and investors lost their entire life savings, investments,