Securities fraud generally and insider trading in particular should be eminently deterrable crimes.
Sentiment: NEGATIVE
Insider trading is hard to prove. To be convicted, a person must have bought or sold a stock based on material information that is both unknown to the general public and likely to have had an important effect on a company's stock price.
Once I really got into securities fraud prosecutions, I came to realize how central they were to the maintenance of a free market and how, in many ways, they are far more important to the welfare of our society than many of the more sensational criminal cases that one hears about.
Unfortunately, from what I can see from my vantage point as the U.S. Attorney here, illegal insider trading is rampant and may even be on the rise.
Well, we want to make sure there's not securities fraud.
I spoke bluntly about what I had seen in a little over a year as United States Attorney for the Southern District of New York. To the apparent surprise of many in the room, I observed publicly that insider trading appeared to be rampant.
I'm not an ultra-libertarian who thinks there shouldn't be insider-trading laws at all.
I want to be clear. No company is too big to be prosecuted. We have zero tolerance for corporate fraud, but we also recognize the importance of avoiding collateral consequences whenever possible.
Insider trading tells everybody at precisely the wrong time that everything is rigged, and only people who have a billion dollars and have access to and are best friends with people who are on boards of directors of major companies - they're the only ones who can make a true buck.
If companies tell us more, insider trading will be worth less.
One should not treat investors or a person who has set up an industry and is a successful businessman as criminals in this country. I am fully aware that everybody has a right to succeed, and success should be with ethics.
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