The Insider Trading Sanctions Act of 1984

Abstract

As an initiative against Wall Street's use of non-public material information in violation of fiduciary duties, Congress enacted the Insider Trading Sanction Act which significantly increased the penalties for violating the securities laws. The statute also represented a new approach, in this it shifted away from compensating victims, to focus on the punishment of perpetrators. The author discusses a number of general considerations and details the law governing insider trading offenses. There are a number of procedural and evidentiary hurdles that exist in these cases. Further, the scope of liability under this law is an open question. The author concludes that this insider trading law will prove to be valuable in cases involving breaches of fiduciary duty by insiders.