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ARTICLE · 16 OCTOBER 2020

Insider Trading Isn't Just A Public Markets Problem

For most people, the concept of insider trading likely conjures up thoughts of public companies and famous U.S. cases.

CanadaCorporate/Commercial Law

For most people, the concept of insider trading likely conjures up thoughts of public companies and famous U.S. cases. For instance, Jeff Skilling, the CEO of Enron, being sentenced to 24 years in prison and fined $45 million for insider trading and other crimes relating to the Enron fraud. Or Martha Stewart getting tipped off by her broker and selling $230,000 of stock in ImClone the day before the company publicly disclosed that it failed to get FDA approval for its new drug.

In Canada, we have securities regulators who regularly prosecute insider trading cases – check it out, they are easy to find on the enforcement pages on the websites of securities commissions across the country. Those prosecutions are done under securities legislation and generally involve an “insider” buying or selling securities on an exchange with information that has not been disclosed to the public and that is material to the price of the security. What many people don't realize is that

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