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Posted On: 11/05/2020 12:40:47 PM
Post# of 148870
MarcS,
I don't want to distract folks from the upcoming CC and hopefully positive news, but didn't want to ignore your question either.
Regarding your hypothetical of authorizing someone to buy and then learning material nonpublic information before the buy order is placed, it's an interesting one. I know some aggressive prosecutors who would consider that a violation, and others (many more) who are more reasonable and would either not see it as a violation, or would at least not view it as worth charging. I could make a very good argument regarding lack of any criminal intent in that scenario if it were charged. Again, this is all speculation on a hypothetical.
Be well.
I don't want to distract folks from the upcoming CC and hopefully positive news, but didn't want to ignore your question either.
Regarding your hypothetical of authorizing someone to buy and then learning material nonpublic information before the buy order is placed, it's an interesting one. I know some aggressive prosecutors who would consider that a violation, and others (many more) who are more reasonable and would either not see it as a violation, or would at least not view it as worth charging. I could make a very good argument regarding lack of any criminal intent in that scenario if it were charged. Again, this is all speculation on a hypothetical.
Be well.
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