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by lesuorac
761 days ago
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Did you read your own link? It literally doesn't matter how you obtained it. > (b) Awareness of material nonpublic information. Subject to the affirmative defenses in paragraph (c) of this section, a purchase or sale of a security of an issuer is on the basis of material nonpublic information for purposes of Section 10(b) and Rule 10b-5 if the person making the purchase or sale was aware of the material nonpublic information when the person made the purchase or sale. Not a single word describing "how". Its just did you have nonpublic information. |
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Maybe the law is too dense. Here's another analysis of the law for you to consider: https://federal-lawyer.com/the-ultimate-guide-to-the-federal...
From there:
"federal courts have interpreted Rule 10b-5 to allow for enforcement action when the following four elements are satisfied:
Breach of a fiduciary duty or violation of a relationship of “trust and confidence” in connection with the purchase or sale of a corporate security;
Use or possession of material nonpublic information in connection with the purchase or sale of a corporate security;
Knowing or reckless use of the material nonpublic information when purchasing or selling the corporate security at issue; and,
Reaping a personal benefit as a result of the purchase or sale."
And again, whether there's a duty of trust or confidence to the source of the information is a key factor in whether it can be traded on legally.