Non-Public, Material Information: References

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 What limits should there be on insider trading?

In the USA, Pete Rose was a popular baseball


player, and then manager, who was punished for betting on his own team to win. Should
Pete Rose be allowed to profit from betting on the success of a team he managed? Should
Pete Rose be punished more harshly if he profited from betting on the failure of a team he
managed?

 In the Enron case, several managers sold all their Enron stock about an hour before it
became public knowledge that the company was not worth as much as everyone thought.
Should a manager be punished for acting prudently based on knowledge they have
discovered honestly only because the public does not have that knowledge?

 Should managers be required to disclose private information they have that might influence
the investment decisions of the public?  Also, address the question of timing about the
dissemination of information: is it enough to share information on a public website or should
a formal press conference be required?  

According to Ganti (2021) “Insider trading involves trading in a public company's stock by someone
who has non-public, material information about that stock for any reason.” The timing of the trade
can make the jump from an illegal activity to a legal one and the other way around. If the trade
happens at a time when the information was made public, it is legal, if not, this sort of insider
trading practice can have radical consequences. I perceive the current limits to be fair. If the insider
does not benefit from the esoteric attribute of the information behind a trade, there should be no
issues whatsoever. Moreover, if that attribute is eroded through the publication of the given fact,
then the trade should be legal, taking timing into account of course.

For the Pete Rose example, betting on the success of the team he managed should be fine, if the
result was not manipulated in any way. Similarly, for losing, even though betting against your team
makes it hard to believe there was no outside influence pre-determining the result. In conclusion,
considering how difficult it is to determine whether a game was rigged or not, both kind of bets can
encourage skepticism, but the success of the team is more difficult to manipulate, so it seems
somehow fair that profiting from betting on the failure of a team he managed should lead to harsher
punishment if manipulation was involved.

In the Enron case, if the information used by a manager is only known to people within the
company, it is unfair to all the other stockholders, or potential investors. Not only are they taking
advantage of the timing, which can make the difference between amazing gains, or catastrophic
losses, but using confidential information for personal gain, should always be deemed unethical. To
wrap it up, even if the information were ‘discovered honestly’ it is still unfair for the larger trading
public, as that information would have a huge impact on everyone’s decision, and the manager’s
profits are coming from the market sentiment which was at that point influenced by fake or
outdated information. Hence, a manager should be punished if profiting based on non-public
information.

If managers are not bound by any confidentiality contracts, private information they hold that would
affect the views around a publicly traded company, if true, should be disclosed. And the timing of
that, should ensure the managers are not purposely doing it after they managed to take profits, to
further make stocks plummet. Lastly, a formal press conference is required, as it would instill more
confidence into the public, and will ensure the information is official and can be taken seriously
when making a decision.

References
Ganti, A. (2021). Insider Trading Definition. Investopedia. Retrieved 3 May 2021, from
https://www.investopedia.com/terms/i/insidertrading.asp.

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