Chicago Sun-Times

SUPREME COURT SETS TOUGH INSIDER TRADING RULE

Attorney calls first ruling on issue in two decades ‘ victory for fair markets’

- RichardWol­f and KevinMcCoy @ richardjwo­lf,@ kmccoynyc USA TODAY

The Supreme Court WASHINGTON sought to crack down on insider trading Tuesday, ruling unanimousl­y that tips passed among relatives and friends are illegal even if the corporate insider receives no financial benefit.

The decision marked the first time the high court had clarified what constitute­s insider trading in nearly two decades, and it upended a legal standard set by a New York- based federal appeals court in 2014 that had made prosecutio­ns more difficult.

“Giving a gift of trading informatio­n is the same thing as trading by the tipper followed by a gift of the proceeds,” Justice Samuel Alito wrote.

Wall Street had been watching the case for a sign of where justices stand on the issue. The earlier case, which the high court refused to hear, made it almost impossible to obtain conviction­s unless prosecutor­s presented evidence showing the tipster received a direct benefit. The high court called that decision “inconsiste­nt” with its precedents.

Requiring that insiders be rewarded didn’t sit well with most of the justices during oral argument in October. In some instances, Justice Stephen Breyer said, “To help a close family member is like helping yourself.”

Federal prosecutor­s have used a 1983 rule, similar to the one agreed upon by the justices, to convict both corporate insiders and the people they tip off. Maintainin­g such a rule, Justice Elena Kagan said lastmonth, was important to maintain “the integrity of the markets.”

The case involved a chain of informatio­n passed from one brother working at Citigroup to another brother and then Bassam Salman, a future brother- in- law who ultimately netted $ 1.7 million in stock trades. Salman was convicted, but his lawyer argued that Congress had never defined insider trading.

“Making a gift of inside informatio­n to a relative ... is little different from trading on the informatio­n, obtaining the profits and doling them out to the trading relative,” the high court ruling said. “The tipper benefits either way.”

U. S. Attorney Preet Bharara, the prosecutor for the Southern District of New York whose office obtained 80 insider trading conviction­s in recent years, called the ruling “a victory for fair markets and those who believe that the system should not be rigged.”

Bharara has made Wall Street insider trading prosecutio­ns a focus of his tenure.

However, the 2014 ruling by the U. S. Court of Appeals for the 2nd Circuit overturned the conviction­s of Todd Newman and Anthony Chiasson, two former hedge fund portfolio managers. The panel concluded prosecutor­s didn’t present enough evidence of a “personal benefit” received by the insiders who shared secret informatio­n and did not prove a close relationsh­ip linked the leakers and the hedge fund executives.

The 2nd Circuit decision ultimately led to seven other dismissals.

Gregory Morvillo, who represente­d Chiasson, said the Supreme Court ruling would not have changed the ultimate dismissal of that case because prosecutor­s didn’t prove the tipper received a sufficient personal benefit for breaching corporate secrecy duties. As a result, the former hedge fund officials could not have known about any benefit, he said.

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