Friends with Benefits: Redefining Personal Gain in Insider Trading Under Salman v. United States

Authors

Wendy R. Becker

Document Type

Supreme Court Commentaries

Publication Date

12-7-2016

Keywords

Insider Trading, Securities Fraud, Securities Exchange Act

Subject Category

Constitutional Law | Supreme Court of the United States

Abstract

Since Congress has not enacted a statute outlawing insider trading, or the trading of securities based on non-public information, outright, courts have struggled to define what constitutes insider trading. The Supreme Court held that a fiduciary duty was breached when the insider privy to the information receives a “personal benefit.” This Commentary analyzes a pending Supreme Court case, Salman v. United States, which addresses whether pecuniary gain is needed to constitute the personal benefit necessary for insider trading, or if certain relationships are enough for the tip to inherently create a personal benefit for the insider. The author argues that a “personal benefit” can occur when there is (1) a quid pro quo or (2) the relationship between insider and tippee is intimate enough to automatically lead to a benefit for the insider. This conclusion follows Supreme Court precedent and is consistent with the policies for outlawing insider trading.

Recommended Citation

Wendy R. Becker, Friends with Benefits: Redefining Personal Gain in Insider Trading Under Salman v. United States, 12 Duke Journal of Constitutional Law & Public Policy Sidebar 47-65 (2016)