What Constitutes Insider Trading?

 In order to establish a case for insider trading, federal prosecutors must be able to prove key elements:

Use or possession of “material” and “nonpublic” information in connection with the purchase or sale of a security. Insider trading requires access to insider information. In order to trigger a statutory violation, insider information must be both (i) material (meaning that it would be important to investors’ investment decisions, and (ii) nonpublic (meaning that it is only available to individuals within the company or who receive the information from these insiders).

Knowing or reckless use of the material and nonpublic information when trading in the security. In order to pursue charges for insider trading, federal prosecutors must be able to establish that the insider or “tippee” knowingly or recklessly acted on the material and nonpublic information in their possession. The ability to rely on reckless acts lowers the bar for prosecutors significantly, as it allows them to substantiate insider trading charges by demonstrating that insiders should have known that they were prohibited from trading based upon the information they had in their possession.

Know more info https://federal-lawyer.com/criminal-law/sec-fraud-defense/insider-trading 

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