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Insider Trading

 
 
gollum
 
Reply Sun 27 Jan, 2013 01:55 pm
If a bank employee learns market information from customer data on transactions and due diligence that his employer has entered in, may he use it in making decisions on what future trades to enter into on behalf of his employer?
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contrex
 
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Reply Sun 27 Jan, 2013 02:27 pm
@gollum,
gollum wrote:

If a bank employee learns market information from customer data on transactions and due diligence that his employer has entered in, may he use it in making decisions on what future trades to enter into on behalf of his employer?


I would say "No". You do not say which jurisdiction you are in, but in the UK at least, banks have to erect so-called "Chinese walls" between departments. A Chinese wall is an information barrier implemented within a firm to separate and isolate persons who make investment decisions from persons who are privy to undisclosed material information which may influence those decisions.

The term was popularized in the United States following the stock market crash of 1929, when the U.S. government legislated information separation between investment bankers and brokerage firms, in order to limit the conflict of interest between objective analysis of companies and the desire for successful initial public offerings. Rather than prohibiting one company from engaging in both businesses, the government permitted the implementation of Chinese wall procedures.

In general, all firms are required to develop, implement, and enforce reasonable policies and procedures to safeguard insider information and to ensure that no improper trading occurs.

The term is also used in journalism to describe the separation between the editorial and advertising arms of a media firm, and in legal firms when one part of the firm, representing a party on a deal or litigation, is separated from another part with contrary interests or with confidential information from an adverse party. In the United Kingdom, a law firm may represent competing parties in a suit, but only in strictly defined situations and when individual fee earners do not act for both sides. In the United States, at least in Ohio, it is illegal for members of the same law firm to represent both sides of a legal conflict regardless of whether the individuals communicate about the case. To do so is considered a conflict of interest and can result in disciplinary action against the attorney or the firm that employs him or her.

The term has been criticized for ethnic insensitivity and alternative phrases include screen, firewall, cone of silence, and ethical wall. Screen or the verb to screen is the preferred term under the American Bar Association (ABA) Model Rules of Professional Conduct.


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contrex
 
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Reply Sun 27 Jan, 2013 04:43 pm
Put simply, the bank must be so organized that an employee who potentially has access to 'insider' information does not have the power to make investment decisions, and cannot communicate that information to someone who does have that power. If they did communicate such information, both employees and the bank would be liable to prosecution.
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