News for hackers. Stuff that matters.
Re:Former Equifax Manager Charged with Insider Trading by donald123 on Thursday June 28, 2018 @02:58PM (#17419530)
Would be hard to discover if he uses his wife or relative's accounts to trade, right?
Re:Former Equifax Manager Charged with Insider Trading by refurb on Thursday June 28, 2018 @04:43PM (#17420326)
This is why people get busted for insider trading so often. They thing obscuring the purchase slightly will get the SEC off their tracks. Nope.

Even if you had a long-lost friend do it, the big trigger is the purchase itself. Someone buys no options in the past 5 years, suddenly buys a ton of out-of-the-money call options 2 days before a merger. The SEC zeros in on that like a laser.

Then they look at who purchased it. Any connection to the company that acquired/was acquired? No? Do they know anyone who is? Let's get their phone records.

I also think the SEC knows they can't police every transaction, so the ones that are flagged get investigated hard, to make an example of them.

If you really wanted to obscured it, one way would be to have a trail of purchases such that the "big one" doesn't look out of place. However, that would mean you'd need to make a bunch of losing bets.

Re:Former Equifax Manager Charged with Insider Trading by pembrook on Thursday June 28, 2018 @05:13PM (#17420522)
Yep, the options market is super transparent, so whenever a company announces something which causes a dramatic change in their stock price, you and I can immediately go look to see if somebody made the perfect trade on that and on what date, strike price, volume, etc.

Especially considering it was probably the biggest data breach news in history, you can bet the SEC went through and looked into every single trader that profited off that.

Re:Former Equifax Manager Charged with Insider Trading by donald123 on Thursday June 28, 2018 @10:46PM (#17422004)
How about transactions made by non-residents, like people trading from outside US. They can transfer out the fund long before SEC can get to it and conclude the investigation.
Re:Former Equifax Manager Charged with Insider Trading by deltateam on Friday June 29, 2018 @01:44AM (#17422648)
ha hah aha no.

The regulatory system relies on leveraging financial institutions such as the brokers themselves to do the snitching.

So they may voluntarily freeze funds. But even if they don't there is another layer:

Administrative law judges.

These are employees at the federal agencies that are imbued with the power of the judicial branch and rubber stamp injunctions and "emergency asset freeze" orders from their bosses. And by boss I mean the private sector such as FINRA.

So typically the funds get frozen AND the SEC files charges against non-residents. They can get you in most places on the planet, and also wait till you go on vacation to most places on the planet.

Re:Former Equifax Manager Charged with Insider Trading by donald123 on Friday June 29, 2018 @09:14AM (#17424268)
that's only ability in theory. Besides I don't think SEC can "get you in most places on the planet". First they are only a civil agency and it would be a civil charge. Second, they cannot easily get you in most places, and they won't spend the effort and money to do that even if it becomes criminal charge.
Re:Former Equifax Manager Charged with Insider Trading by deltateam on Friday June 29, 2018 @12:14PM (#17425365)
they often co-file with the department of justice to get the criminal charges

secondly the indictments leverage financial institutions as well as other federal agencies to be notified when a person - even foreign - is in their grasp or has known whereabouts

SEC indictments are often pretty ballsy. I read one where they indicted people in Eastern Europe who only traded on a CFD exchange. CFD exchanges don't exist in the United States. But the SEC said the traders should have known that the CFD broker would have made actual trades in the US equities markets due to their actions so therefore they have to answer for it.

What became of that? Maybe nothing just like you said

Re:Former Equifax Manager Charged with Insider Trading by hangonhn on Thursday June 28, 2018 @03:07PM (#17419598)
You may be surprised... when I worked at a hedge fund, there is always an insider trading training and one of the examples of such cases involved relatives. The thing is that this scheme is so obvious and almost brain dead. Investigators will definitely look into friends and families when doing these investigations.
Re:Former Equifax Manager Charged with Insider Trading by donald123 on Thursday June 28, 2018 @03:12PM (#17419641)
So we'll probably manage (hide) our social networks well, and make some good offline-only friends. I do know SEC can put burden of proof to the person they suspect, but that can be prepared beforehand.
Re:Former Equifax Manager Charged with Insider Trading by JumpCrisscross on Thursday June 28, 2018 @03:38PM (#17419835)
> we'll probably manage (hide) our social networks well, and make some good offline-only friends

Or don't insider trade. In the financial crime universe, insider trading is on the stupid end of the spectrum. It's tough to do right, hard to scale and easy to get caught.

Re:Former Equifax Manager Charged with Insider Trading by kevin_thibedeau on Thursday June 28, 2018 @04:08PM (#17420045)
Or just get elected to Congress. Then it's open season.
Re:Former Equifax Manager Charged with Insider Trading by throwawaymath on Thursday June 28, 2018 @04:58PM (#17420441)
Despite widespread belief to the contrary, members of Congress are not allowed to trade on information for which they are bound by either a confidentiality agreement or a fiduciary duty.

Information asymmetry does not constitute insider trading. Trading on information which you have that the broader public does not have is also not insider trading. Trading on exclusive information which you learned through professional exposure, and which does not come with confidentiality or fiduciary requirements, is not insider trading.

Re:Former Equifax Manager Charged with Insider Trading by JumpCrisscross on Thursday June 28, 2018 @05:28PM (#17420630)
> members of Congress are not allowed to trade on information for which they are bound by either a confidentiality agreement or a fiduciary duty

Prior to 2012, Congress was actually explicitly permitted to insider trade. That was fixed by the STOCK Act [1]. It doesn't make it easy to pull up records, but it does close the loophole.

[1] https://www.npr.org/sections/itsallpolitics/2013/04/16/17749...

Re:Former Equifax Manager Charged with Insider Trading by throwawaymath on Thursday June 28, 2018 @05:36PM (#17420676)
Yes, but I'm talking about the myth that gets perpetuated post-2012.
Re:Former Equifax Manager Charged with Insider Trading by ModernMech on Thursday June 28, 2018 @05:22PM (#17420585)
That's not really what congresspeople do. They have financial interests and then write and pass laws to make those interests more valuable. It's not insider trading, but its some next-level shit. And the best part is its out and in the open. We all see it happening right in front of us.
Re:Former Equifax Manager Charged with Insider Trading by throwawaymath on Thursday June 28, 2018 @05:39PM (#17420698)
What you're describing is not the grey area I'm talking about that people frequently confuse with illegal insider trading. I'm referring to the way that people believe Congress is explicitly allowed to get away with things ordinary people are not. Post-2012, they are not, but their work still exposes them to information they can legally use depending on the circumstances. That does not constitute insider trading, even for a relatively overzealous SEC.
Re:Former Equifax Manager Charged with Insider Trading by dsnuh on Thursday June 28, 2018 @04:21PM (#17420155)
Yeah, try that and see how it goes. :)

Courts aren't stupid, and can generally see through collusion attempts, and would probably have a fairly easy time showing culpable intent if you try to trade through friends and/or family members.

Re:Former Equifax Manager Charged with Insider Trading by kevinmchugh on Thursday June 28, 2018 @04:35PM (#17420249)
Sure, but how do they get that money back to you? How do you spend it? Theft is a lot simpler if you don't spend your ill-gotten gains.
Re:Former Equifax Manager Charged with Insider Trading by ethbro on Thursday June 28, 2018 @06:09PM (#17420894)
E.g. Sergei Roldugin (although in a country without functioning anti-corruption institutions)
Re:Former Equifax Manager Charged with Insider Trading by smittywerben on Thursday June 28, 2018 @05:00PM (#17420457)
The second-in-line CIO of Equifax did just that actually (link is referenced in OP's article)

https://www.sec.gov/news/press-release/2018-40

Re:Former Equifax Manager Charged with Insider Trading by posixplz on Thursday June 28, 2018 @03:04PM (#17419579)
Not at all. Friends and families cannot trade on material non-public information. The SEC takes these investigations very seriously and they tend not to miss friend/family tipping.
Re:Former Equifax Manager Charged with Insider Trading by wahern on Thursday June 28, 2018 @04:05PM (#17420030)
The SEC's interpretation of insider trading is far broader than what the courts have accepted as insider trading.

Corporate training courses tow the SEC line, but the outcomes of actual civil and criminal prosecutions would be far swifter and harsher if the law was as the SEC says.

In short, in some contexts friends and family absolutely can trade on material non-public information. In fact, in no case are they directly committing a crime; their liability is vicarious--it stems from some illegal behavior of the actual insider, which turns on more elements than the simple act of disclosing material, non-public information. If that illegal insider behavior is lacking then friends and family are no different than some random member of the public who caught an anonymous tip.[1]

Of course, as with anything illegal you have to factor in the risk of a jury wrongly convicting, especially when the legal elements so heavily rely on circumstantial evidence and even insinuation as with insider trading.

[1] If the SEC had their way then even trading on an anonymous tip would be illegal. Indeed, if the SEC had their way they could prosecute damn near anyone they wanted, at any time, because their legal theory is so ridiculously broad it would effectively shift the burden of proof onto the defendant.

Re:Former Equifax Manager Charged with Insider Trading by baseethrowaway on Thursday June 28, 2018 @03:09PM (#17419621)
How do they know who's friends with whom?
Re:Former Equifax Manager Charged with Insider Trading by mannykannot on Thursday June 28, 2018 @03:53PM (#17419954)
Let's suppose Bonthu did in fact tell you in advance, and you acted on it. The SEC can see your trades, and you don't know if Bonthu has mentioned this conversation to someone else - in particular, you don't know if he told, or will tell, the SEC or FBI. What are you going to say when the FBI comes asking? If they can show you lied to them, you just made things a whole lot worse for yourself. Did you tell someone else? If they also acted, they may well face the same issue, and they might well choose full disclosure...
Re:Former Equifax Manager Charged with Insider Trading by sumedh on Thursday June 28, 2018 @08:27PM (#17421541)
> If they can show you lied to them

Take the fifth?

Re:Former Equifax Manager Charged with Insider Trading by mannykannot on Thursday June 28, 2018 @08:37PM (#17421581)
IANAL, I would guess not answering is safer than lying, but it does not stop the investigation of you, and it does signal information. Obviously, the fifth is far from a stay out of jail card, if a case can be made from other peoples' testimony.
Re:Former Equifax Manager Charged with Insider Trading by JumpCrisscross on Thursday June 28, 2018 @03:17PM (#17419674)
> How do they know who's friends with whom?

After any corporate action, the SEC (and various other agencies) trace back through trade records to look for suspicious trades. Family members are a matter of public record. And friends are now announced on LinkedIn, Twitter, Facebook, et cetera.

Re:Former Equifax Manager Charged with Insider Trading by posixplz on Thursday June 28, 2018 @03:19PM (#17419692)
Facebook, for one.

While the SEC can undertake the tedious process of clearing all individuals with knowledge of the breach, a more effective tactic would be to look at suspicious trades and investigate potential insider knowledge. In that method, SEC looks at unusual volume/patterns in options contracts and security sales. The SEC will comb through each suspicious security sale that occurred prior to the breach announcement and cross reference the account owner's information with their list of insiders. If they have reasonable suspicion that a crime occurred, investigators obtain a warrant and complete the picture with phone records, email accounts, Facebook info (if not already obtained via parallel construction), etc.

Re:Former Equifax Manager Charged with Insider Trading by gist on Thursday June 28, 2018 @03:42PM (#17419858)
> Facebook, for one.

So let's say in theory you could add a great deal of people as friends (thousands even) and in that case it would be quite difficult for the FBI to run that down (as they say). Besides they would have to supoena records from Facebook at a certain point if the 'friend' was not someone they could easily determine just from a picture or limited contact info.

And don't even get into 'linkedin' that is filled with more people you don't really know or care about than any service.

Most likely they will just work the other way. Someone makes a trade and they then see if they are linked to anyone in anyway at the company.

Re:Former Equifax Manager Charged with Insider Trading by supercanuck on Thursday June 28, 2018 @03:23PM (#17419728)
the threat of perjury or threat of prosecution for lying to law enforcement.
Re:Former Equifax Manager Charged with Insider Trading by AmericanChopper on Thursday June 28, 2018 @07:32PM (#17421326)
I don’t think so. A colleague of mine got a call from the SEC because a cousin was trading shares in the company we work for during a blackout period. They barely even know each other, but it got flagged somehow.