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When can the police charge you with insider trading?

On Behalf of | Jul 28, 2025 | White Collar Crimes

Insider trading is illegal and happens when someone buys or sells a company’s stock based on confidential information not available to the public. The police can charge you with insider trading if they can prove that you used this non-public information to make financial decisions for personal gain.

What is considered insider information?

Insider trading revolves around access to confidential, material information. This means any facts about a company that could affect its stock price, such as upcoming mergers, financial results, or significant product changes. If you have access to this information due to your position in a company, and you act on it before it becomes public, you’re at risk.

How can the police detect insider trading?

The police don’t typically charge individuals directly unless they uncover strong evidence of illegal stock trades. They may get involved if there’s an unusual pattern of trades or tips from an informant. If investigators track unusual trading activity and find that someone had access to insider information, they may begin a deeper investigation.

Can the police charge someone who didn’t make the trade?

You can be charged with insider trading even if you didn’t personally make the trade. If you passed along insider information to someone else who then traded on it, that’s also illegal. This is known as “tipping.” The law covers not just the person who trades but also anyone who shares confidential information for the purpose of financial gain.

What are the potential consequences?

If charged, you could face severe penalties, including hefty fines and prison time. Federal laws such as the Securities Exchange Act of 1934 can result in charges if there’s evidence that you knowingly traded on non-public information.

The risk of insider trading charges can be serious. Knowing what counts as insider information and avoiding any actions that could be seen as illegal stock trading is essential to staying out of legal trouble.