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Re:SEC charges Netflix insider trading ring by whoisjuan on Wednesday August 18, 2021 @06:11PM (#28227799)
"This case reflects our continued use of sophisticated analytical tools to detect, unravel and halt pernicious insider trading schemes that involve multiple tippers, traders, and market events."

Lol, I don't think there's a lot of sophistication in this. They want to make it sound like some sort of powerful magic box they have that can find anyone doing something dubious when in reality this is probably a very simple interesection between two datasets:

The one that contains all the people who yielded profits over X amount when trading the stock of a Y company during a timeframe, and another dataset that contains all the current and former employees of that Y company.

That's the thing about insider trading. People who do it are just complete idiots. They think that they can leverage some assymetry of information when in reality there's no such thing. If you trade the stock of your current or former employer (especially before earnings calls) and yield unrealistic gains you're going to get flagged and someone is going to manually review your shit.

Re:SEC charges Netflix insider trading ring by ChuckMcM on Wednesday August 18, 2021 @07:42PM (#28228630)
I can confirm this happens.

I happened to have a set of standing instructions for a number of technology companies which consisted of buying stock when it dropped more than 5% below the 90 moving average, and selling stock when it exceeded more than 5% the 90 day moving average.

For a lot of tech companies this was basically a money pump since they rose and fell quite cyclically. Then I went to work at one of the companies on my list (NetApp) and one quarter EMC announced they were going to miss their earnings and all storage companies dropped. Two weeks later NetApp announced their earnings which were better than expected.

When I got my brokerage statement for the month I had a nice gain because they had bought NetApp on the dip, and then when the earnings were announced the stock went up so they sold the shares that had been bought. About three weeks after that I got a call from the SEC. I referred them to my broker which showed both the standing order, and that they had been in place for a couple of years before that event, and the SEC went away. However I did take NetApp out of the mix because, well it is always unnerving when your phone tells you the SEC is calling. :-).

Re:SEC charges Netflix insider trading ring by notyourwork on Wednesday August 18, 2021 @08:07PM (#28228806)
Interesting story, I can imagine you were pretty worried at first. What brokerage do you use to configure that type of automated order execution?
Re:SEC charges Netflix insider trading ring by ChuckMcM on Wednesday August 18, 2021 @08:29PM (#28228957)
I met my financial planner when she cold called me at Sun.

She worked for the company handling Sun's employee purchase plan and stock option plans. I've stuck with her as she he moved from company to company (generally by acquisition). Establishing a standing order was simply a matter of calling her up and telling her what I wanted to do. I'm not sure how it was implemented on her side though.

Re:SEC charges Netflix insider trading ring by throwaway2037 on Wednesday August 18, 2021 @09:41PM (#28229383)
What is her fee structure?
Re:SEC charges Netflix insider trading ring by ChuckMcM on Wednesday August 18, 2021 @11:45PM (#28230123)
Currently, it is 0.78% of the assets under management.
Re:SEC charges Netflix insider trading ring by dmoy on Thursday August 19, 2021 @12:45AM (#28230407)
Oof that hurts

Have you considered using IBKR to do the same sort of automated order execution, but without the AUM fees?

Re:SEC charges Netflix insider trading ring by ChuckMcM on Thursday August 19, 2021 @01:26AM (#28230631)
Not really. Basically the basic calculation I make is what is my time worth vs what I'm paying in management fees. I've been pretty happy and the managed assets have consistently out performed the S&P 500[1] even after accounting for fees.

Everyone is different of course, I'm not a min/maxer trying to eek every cent out of my investments. My goals are/were around not having to work if I don't feel like it. I do understand people who use their net worth as some sort of 'score' they feel they need to 'win.' That is not who I am.

[1] I basically consider a zero fee robo-investment strategy in specific ETFs as the 'null hypothesis' here. If the team out performs that, it is okay, if they don't we need to talk.

Re:SEC charges Netflix insider trading ring by disiplus on Thursday August 19, 2021 @04:22AM (#28231589)
For how long have you outperformed the S&P500 including feeds ?
Re:SEC charges Netflix insider trading ring by throwaway2037 on Wednesday August 18, 2021 @09:30PM (#28229337)
I find it hard to believe this strategy works with any kind of long term horizon. This story reads like easy money. Tell us about some of your losses.

My old man always taught me: People love to brag about their wins (in the stock market), but rarely share their losses. The best traders know: You learn the most from your losses.

If this strategy is so good, why don't you run a prop trading firm doing exactly this? And do you run the same strategy for oil, natural gas, soybeans, and pork belly futures?

Re:SEC charges Netflix insider trading ring by caslon on Wednesday August 18, 2021 @09:38PM (#28229375)
He wasn't bragging about it. He was just mentioning it because it had a side-effect of bringing the SEC onto him.

"If your strategy in trading microelectronics stock (largely hype-based and that you have an intuitive understanding of) is so good even though you didn't actually claim it as being all that, why don't you run the same strategy in trading pork (no one has ever gotten hyped about pork)?"

Re:SEC charges Netflix insider trading ring by throwaway2037 on Thursday August 19, 2021 @05:55AM (#28232047)
I interpreted the story as humble bragging. Too many HN stories-of-convenience are nothing more than humble bragging. It would have been a much more impactful comment if he spent the second half talking about serious losses and learning a lesson.

Every time I post about how I'm bad as something or made a mistake, then learned a lesson, it is followed by a bunch of humble braggers telling stories-of-convenience about how they avoided such an "obvious" mistake.

Finally, let me share yet another of my lifetime fails: During 2008/2009, I was convinced everyone was wrong about risk management at huge investment banks -- subprime mortgages and synthetic CDO^2! I was thought they were infallible, filled with financial maths geniuses would could navigate any financial storm. I was dead wrong. I was shocked when Goldman's legendary Global Alpha fund CLOSED after massive losses. Could. not. believe. it. It's still a bit shocking to write, because their record of outperforming the S&P 500 using partner money was the stuff of legend. And, yes, I lost so much money against Bear, Stearns & Co. and Lehman Brothers. Ouch!

Re:SEC charges Netflix insider trading ring by caslon on Thursday August 19, 2021 @06:48AM (#28232305)
It wouldn't have been a better comment. It would have been an off-topic comment, because the topic was the SEC going after people for insider trading.
Re:SEC charges Netflix insider trading ring by devin on Wednesday August 18, 2021 @10:01PM (#28229506)
Agreed they weren't bragging about it, but it is worth pointing out it's a horrible strategy and will probably produce a net loss over time unless you happen to be incredibly lucky.
Re:SEC charges Netflix insider trading ring by unclebucknasty on Wednesday August 18, 2021 @10:36PM (#28229726)
>it's a horrible strategy and will probably produce a net loss over time

I dunno. Too many variables to dismiss as horrible out of hand. For one, it depends on the actual companies involved.

Also depends on exactly how he executed it. If the stocks followed the typical average of 10% YoY gains as the rest of the market, then there's a way to execute this strategy wherein he wouldn't lose by definition. For instance, he might set a mark on the sell side to ensure he's not selling at a loss vs. his last buy.

Now, he might get stuck holding the stock for some time (especially after a big downturn) and that might incur him some opportunity cost. But, that wouldn't mean a net loss if he was willing to wait. And, that'd be no different a risk than, say, a typical buy and hold strategy.

Re:SEC charges Netflix insider trading ring by nl on Wednesday August 18, 2021 @11:53PM (#28230159)
> will probably produce a net loss over time unless you happen to be incredibly lucky

"Buying tech stocks" is probably the lucky bit. If the stocks are cyclic but there is a upward trend it probably works pretty well.

Re:SEC charges Netflix insider trading ring by ChuckMcM on Wednesday August 18, 2021 @11:44PM (#28230115)
> I find it hard to believe this strategy works with any kind of long term horizon.

You are correct, to an extent.

It breaks when the stocks in question continue to go down. I happen to be a really conservative investor (I tend buy and hold, never got into the whole day trading thing during the dot com rush). Given that each 'up' blip was essentially a 10% gain on my investment (approximately) the cash gain would be banked[1] when it sold and there was a 20% stop loss[2] sale as well. But with a very cyclical stocks the returns were pretty steady.

I added the stop loss after I found myself holding stock that just became more and more worthless after the dot com crash. (when you buy on the dip and the dip keeps right on going :-). It is also the reason I had Agilent stock for a while in that I was holding HP stock when they spun off Agilent, the HP sold when it continued to tank and there were no instructions on the Agilent. So between 1990 and 2005 when I had this in place I think the annual rate of return on that part of my portfolio was about 8%? The crash wiped out a lot of gains that took a while to undo (I think if I had sold off what I was holding in 2001 it would have been like 2% annualized gain over the 10 years.

Note, I have never been, nor aspired to be, an "elite" trader. It was in 1990 when I had about $1500 in my brokerage account that was just sitting there in cash and I wanted to something more interesting with it than put it into a bank CD. Hence my foray into "algorithmic" trading :-).

[1] That cash was taken out of the pool, it wouldn't be re-invested on the next dip.

[2] Stop loss -- a 'good til cancelled order to sell a stock at the market price if it's price falls below a set value.

Re:SEC charges Netflix insider trading ring by throwaway2037 on Thursday August 19, 2021 @05:46AM (#28231985)
For the same time period, if you had put all your money in an ultra low fee ETF that tracks S&P 500... I bet a lot of money the ETF strategy would easily outperform.

Twenty years ago, I used to closely read articles like ... <<<Miller's Legg Mason Fund Beats S&P 500 for 15th Year in a Row>>> Before I understood more about "finding alpha", I assumed you could find an active manager as a retail investor that could beat S&P 500. With age & experience, I no longer believe it true. Legg Mason beat the S&P 500 for a long, long time... but if you look closely, they only beat by a little bit. Then one year they got crushed and gave back all their winnings and trailed S&P 500. Plus you paid active management fees for 20 years. In the end, investors didn't beat S&P 500 over the long term.

It was crushing for me when I put all the pieces together. For so long, I believed I could outsmart the market as a retail trader by finding the right active manager. After that, I never looked back -- 100% ultra low cost passive index trackers against WIDE, well-established indexes, so I'm not "stock picking" by another name.

Re:SEC charges Netflix insider trading ring by ChuckMcM on Thursday August 19, 2021 @03:34PM (#28238298)
FWIW I went through a similar "education." For roughly 3 months in 1999 I had a combined restricted stock (already granted with an 83b election filed but vesting over time) and incentive stock (fixed strike price, 1 year cliff, .25%/yr thereafter) options in a single stock that in 2003 (4 years later) if the stock was trading at the same price as it was in 1999 ($120) was "worth" $12,000,000.

In 2001 that stock was trading for $0.83/share[1]. And while I didn't have any opportunity to sell it, being an employee and all, what really pissed me off was that I had Sun stock that I could sell that would have been worth $360,000 after taxes (which would have paid off my mortgage). Instead I rode that stock down to about $9000 when Oracle bought them.

Similarly my 401k savings account, that I had put in the max amount every year for decades, had under-performed the S&P500 and even some lousy mutual funds.

So yes, I've had my share of ups and downs, and yes if I had put all of the money I ever had in my brokerage account into an SPX ETF I might have more in it now than I do.

But here is the thing for me, and perhaps spending my teen years in Las Vegas warped my perception of money enough to make this possible, I recognize that the equities market is essentially "random" and various studies have born that understanding out in the large view. As a result it doesn't "feel" to me like I somehow lost money through my own actions, it feels like the bet I made didn't pay off. That is a different approach than getting emotionally invested in the financial outcome of investment decisions. When I came to understand that I was not going to spend all of my time reading financial reports and resumes of senior management like my Dad's ex-swiss banker friend does to get an "edge" I had two choices, go the ETF route or let my financial manager manage some of my assets.

[1] At $0.83 that was about $40,000 in the restricted stock (nobody exercises their incentive stock options that are underwater :-), And yes, I recognize that $40,000 is way better than nothing, and because of my 83b election I have a long term capital gains loss that I can claim for $3,000 a year on my tax return every year and that will continue for the next 75+ years if I were to live that long (I won't).

Re:SEC charges Netflix insider trading ring by nemo44x on Wednesday August 18, 2021 @09:46PM (#28229415)
Like most strategies it works until it doesn’t. If you’re on margin it will stop working more quickly. However it’s more likely a stock with the right beta will oscillate like this fairly often and let you make your small gains. But you also miss out on the big gains and also are left holding the bag when the stock drops 50% overnight on some news.

It’s a classic “picking up nickles in front of a steam roller” strategy. But it could work for a really long time. Until it doesn’t.

Re:SEC charges Netflix insider trading ring by throwaway2037 on Thursday August 19, 2021 @05:57AM (#28232061)
<<<picking up nickles in front of a steam roller>>>

This! I see so many "options trading strategies" for retail traders that are exactly this.

Re:SEC charges Netflix insider trading ring by IncRnd on Wednesday August 18, 2021 @09:41PM (#28229387)
> And do you run the same strategy for oil, natural gas, soybeans, and pork belly futures?

Some commodities have exactly the right kind of volatility and timing for these sort of trades.

Re:SEC charges Netflix insider trading ring by hoten on Wednesday August 18, 2021 @08:21PM (#28228913)
It's probably a good thing you removed it, because I bet if the SEC were bothered enough they could argue that NOT changing your standing order is possibly informed by insider knowledge. No idea if that is actually something they'd try to argue though.
Re:SEC charges Netflix insider trading ring by hermitdev on Wednesday August 18, 2021 @09:25PM (#28229304)
Hands-off standing orders are typically fine with the SEC and are actually preferred to actively trading if there's even a remote possibility of being exposed to insider info. But, I'm not a lawyer and this isn't advise. Talk to your lawyer and investment advisor about any compliance issues.
Re:SEC charges Netflix insider trading ring by yieldgap on Wednesday August 18, 2021 @10:04PM (#28229532)
The problem is unless they account for it, their trade could trigger during a 'blackout period' (before earnings) when they shouldn't be executing any trades at all.
Re:SEC charges Netflix insider trading ring by loeg on Wednesday August 18, 2021 @11:11PM (#28229928)
Blackout periods have no SEC standing. They're purely a construction by your employer to avoid the appearance of trading on MNPI. Standing order trades (e.g., rule 105b-1) can execute at any time relative to earnings.
Re:SEC charges Netflix insider trading ring by yieldgap on Wednesday August 18, 2021 @11:30PM (#28230055)
True
Re:SEC charges Netflix insider trading ring by vxNsr on Wednesday August 18, 2021 @10:18PM (#28229609)
Not quite. Most executives and board members have standing orders for their own company (usually sell x amount every y days), this way they can’t be accused of doing something illicit.
Re:SEC charges Netflix insider trading ring by elliekelly on Wednesday August 18, 2021 @10:33PM (#28229701)
There is a bit of a grey area with respect to insider trading and cancelling a standing 10b5-1 order and the SEC has recently commented that they’ll be looking at those foregone transactions with more scrutiny in the near future: https://corpgov.law.harvard.edu/2021/06/25/gensler-plans-to-...
Re:SEC charges Netflix insider trading ring by vmception on Wednesday August 18, 2021 @08:36PM (#28229005)
So would changing it to potentially avoid losses.

They should have removed all orders the day they became an employee.

I know high frequency trading firms that are heavily inconvenienced by insider knowledge. They have to shut down so many things. Securities Insider trading is really tricky in the US as it isn't a specific law specifically about insider trading, only a bunch of court cases by the securities regulators that they sometimes won.

Re:SEC charges Netflix insider trading ring by throwaway2037 on Wednesday August 18, 2021 @09:38PM (#28229373)
I'm confused by this sentence: <<<I know high frequency trading firms that are heavily inconvenienced by insider knowledge.>>>

Normally, HFT firms don't care about insider trading. They are trading "noise" -- finding signals from past and present trading activity to make small bets that are 51% likely to be successful. They manage risk very carefully. This is not a secret. Cliff Asness from AQR Capital has given multiple long-form interviews on this topic. You can Google to find podcasts and printed articles.

On the other hand, long-short hedge funds, such as Steven Cohen's legendary Point72, love insider information! It is the backbone of their business model. The best ones employ an onion-like defense strategy to launder inside information as legitimate analyst reports. Only the outermost layer is directly transacting in insider information. As the information moves closer to the center -- real traders -- it is carefully masked to hide its origin. The SEC was never able to catch Steven Cohen, but they caught many, many people around him and eventually forced his original fund to close.

Re:SEC charges Netflix insider trading ring by vmception on Wednesday August 18, 2021 @11:31PM (#28230062)
HFT firms don't care about insider trading. If they get exposed to it anyway, they have to shut down their active trading in that specific security for some time, and exclude it. Its not the only thing many firms do.
Re:SEC charges Netflix insider trading ring by throwaway2037 on Thursday August 19, 2021 @05:39AM (#28231944)
In practice, there is no way to reliably know why a stock is changing price. There is lots of insider trading that is so small it does not materially impact the trading prices. As of date, there is no scientifically reliable way to measure "market impact" real-time. I assume the best HFT funds are trying to do this using AI/ML.
Re:SEC charges Netflix insider trading ring by vmception on Thursday August 19, 2021 @10:43AM (#28234424)
Right, and that’s not a factor in insider trading charges.

If a firm - that also has an agnostic active trading strategy - gets any inside info they have to cut the active trading strategy for liability reasons. That’s a conclusion some firms have made, not whether the SEC will actually bother them in a quantum reality or whether they can successfully defend it.

Re:SEC charges Netflix insider trading ring by sydthrowaway on Wednesday August 18, 2021 @11:23PM (#28230001)
Where on the spectrum is RenTech?
Re:SEC charges Netflix insider trading ring by throwaway2037 on Thursday August 19, 2021 @05:32AM (#28231902)
I assume you mean Renaissance Technologies. I categorise it as pure HFT. They are not taking long-short technical or macro positions in their main fund -- that I know. (Others: Please correct me if they have other funds, or changed strategies in last few years.)

That said, RenTech was under intense scrutiny by SEC and IRS for their incredibly aggressive tax strategy. I did not follow it to the end.

Re:SEC charges Netflix insider trading ring by sydthrowaway on Thursday August 19, 2021 @05:53AM (#28232040)
Medallion fund? I thought it was stat-arb.
Re:SEC charges Netflix insider trading ring by throwaway2037 on Thursday August 19, 2021 @06:23AM (#28232183)
Interesting point/question.

First: Yes, Medallion fund is the primary fund of RenTech.

Second: To me, stat-arb can be HFT or non-HFT. They were/are doing HFT stat-arb in Medallion fund. AQR, Virtu, and Citadel are probably doing both HFT and non-HFT stat-arb. Twenty years ago stat-arb was called "pairs trading". Today, it is much more complex: basket vs basket.

Re:SEC charges Netflix insider trading ring by sumedh on Wednesday August 18, 2021 @09:44PM (#28229403)
> I referred them to my broker

Did you have any legal obligation to do that. What would have happened if you choose to remain silent?

Re:SEC charges Netflix insider trading ring by ChuckMcM on Wednesday August 18, 2021 @11:57PM (#28230176)
An interesting question. I was a Technical Director at NetApp which isn't a corporate officer (that is VP and above), and wasn't an identified insider (there are forms to file for that). NetApp had a policy against employees trading stock during "blackout" periods (typically two weeks before and two weeks after the earnings announcement) but were okay with and knew about my 'programmed' trades.

I think the SEC could have probably made a case that it was possible for me to know that NetApp's results were going to be better than the street expected (I didn't know that but I did know we weren't hurting like EMC was). And the money involved was small. I expect it was the timing more than the amount that triggered their call.

I was surprised I didn't hear from NetApp's general counsel at the time (I'm sure they were notified).

So if I said nothing? That would probably trigger a closer inspection. Sure its my right to not speak to them, but doing so would have probably made them more suspicious. And frankly, I have seen so many times when people trying to be "tricky" got into more trouble than if they had just been open with what was what that I have rarely felt tempted to push back on that sort of thing.

Re:SEC charges Netflix insider trading ring by kadoban on Wednesday August 18, 2021 @11:50PM (#28230143)
If you can prove you didn't do a crime, seems like pointing out why is going to be in your best interest if the fuzz comes calling. Remaining silent is sure a good idea generally, but this seems like one of the rare cases where I don't see the point.
Re:SEC charges Netflix insider trading ring by hermitdev on Wednesday August 18, 2021 @09:21PM (#28229287)
I'm surprised they got to you that quickly. Having worked in finance most of my career, some of which involved fielding SEC inquiries, my impression is they are way behind enforcement. Although, to be fair, usually the inquiries I was fielding were more to do with spoofing and manipulation, not insider trading.
Re:SEC charges Netflix insider trading ring by vxNsr on Wednesday August 18, 2021 @10:16PM (#28229602)
I know a few ppl in compliance at different exchanges, they move pretty quickly if they think it’s a one off, if it looks like it’s part of a larger game they’ll be more methodical. But this sounds pretty standard, it looked odd but not too odd so just warranted a quick call.
Re:SEC charges Netflix insider trading ring by fnord77 on Wednesday August 18, 2021 @11:38PM (#28230085)
roughly what kind of netapp volume did your orders trigger the SEC into looking into it? $1000s, $10,000s, ... ?
Re:SEC charges Netflix insider trading ring by ChuckMcM on Thursday August 19, 2021 @12:00AM (#28230192)
It was a while ago, maybe $4,000 - $5,000 ? I was definitely not more than $5,000. As I said above, I think it was more the timing than the amount that got them curious.
Re:SEC charges Netflix insider trading ring by prostoalex on Wednesday August 18, 2021 @08:24PM (#28228929)
Which brokerages support triggering trades off moving averages?
Re:SEC charges Netflix insider trading ring by kelnos on Wednesday August 18, 2021 @08:40PM (#28229030)
I expect none do, and this was probably implemented through a financial advisor who either has their own bespoke system for doing stuff like this automatically, or perhaps something more manual, like setting price alerts and then having a team of people react to them.
Re:SEC charges Netflix insider trading ring by sydthrowaway on Wednesday August 18, 2021 @11:22PM (#28229989)
Nowadays you can do it with Alpaca.
Re:SEC charges Netflix insider trading ring by sydthrowaway on Wednesday August 18, 2021 @11:22PM (#28229993)
What were your returns on this strategy?
Re:SEC charges Netflix insider trading ring by cortesoft on Wednesday August 18, 2021 @06:16PM (#28227835)
> That's the thing about insider trading. People who do it are just complete idiots.

This is selection bias. The people who get CAUGHT doing it are complete idiots.

Re:SEC charges Netflix insider trading ring by skrtskrt on Wednesday August 18, 2021 @06:22PM (#28227898)
> The people who get CAUGHT doing it are complete idiots

and/or greedy.

Even if you're "smart" about it, you can only hit so many lottery tickets before you come under suspicion.

I'd bet the best way to get away with insider trading is to do it once, make under $1 million, then walk the hell away and never speak of it.

Re:SEC charges Netflix insider trading ring by Retric on Wednesday August 18, 2021 @06:32PM (#28227980)
Insider information isn’t guaranteed to let you predict the stock price. You are much more likely to actually make money with multiple small bets than any one big bet.
Re:SEC charges Netflix insider trading ring by radicaldreamer on Wednesday August 18, 2021 @06:36PM (#28228019)
Yes, there have been several people charged with insider trading who actually lost money on the trades.
Re:SEC charges Netflix insider trading ring by geoduck14 on Wednesday August 18, 2021 @07:32PM (#28228533)
Martha Stewart was charged with insider trading - I'm mostly certain she lost money in the trade.

Also, she was convicted for LYING about insider trading.

Re:SEC charges Netflix insider trading ring by 300bps on Wednesday August 18, 2021 @07:46PM (#28228663)
Through insider trading, Martha Stewart avoided a $45,000 loss.

She lied repeatedly to investigators saying among other things that it was a pre-arranged trade. The person that tipped her off admitted everything though.

She went to jail for lying to investigators, obstructing justice, etc. And still had to pay a $195,000 civil fine for the insider trading!!

Source: https://biography.yourdictionary.com/articles/why-did-martha...

Re:SEC charges Netflix insider trading ring by nearbuy on Thursday August 19, 2021 @03:51AM (#28231429)
Imagine being a (former?) billionaire and going to prison over avoiding a $45,000 loss. I don't know what she was thinking.
Re:SEC charges Netflix insider trading ring by nearbuy on Thursday August 19, 2021 @11:03AM (#28234726)
Just to correct my last comment, after looking up the case, it seems Martha Stewart was actually not found guilty of insider trading. She was found guilty of lying to investigators.
Re:SEC charges Netflix insider trading ring by jabedude on Wednesday August 18, 2021 @07:05PM (#28228269)
How were they caught then?
Re:SEC charges Netflix insider trading ring by mason55 on Wednesday August 18, 2021 @07:21PM (#28228446)
The SEC will send a list to your compliance dept if they see weird trades (e.g. short-dated out-of-the-money calls) and ask if anyone on the list works there. The compliance dept also has a list of people with material non-public info and they get the list of people who made weird trades with the question “do you know any of these people?” If you know one and you didn’t provide them info then you say so because the implied threat is they’ll find out either way that you know one of them.
Re:SEC charges Netflix insider trading ring by 1-more on Wednesday August 18, 2021 @09:06PM (#28229202)
And the wild thing is that lying to a federal investigator is a crime in and of itself! So don't say you don't know the person they ask about.

18 U.S. Code § 1001 - Statements or entries generally

https://www.law.cornell.edu/uscode/text/18/1001

Re:SEC charges Netflix insider trading ring by IncRnd on Wednesday August 18, 2021 @09:56PM (#28229478)
That's not exactly true, but to use a turn of phrase - close enough for government business! [1]

The lie is a felony but only when connected to a federal matter. [2] [3] [4]

[1] This used to mean (many moons ago) something of very high quality. However, as our government became ever more like what is _now_ our government, the idiom took on the opposite meaning: good enough to say it's done, so we can move on from it. It's also used to say when something is correct for the discussion but not in the broader sense. Source? My neighbor the FBI agent told me, and I've heard it in action many times since then.

[2] https://www.pagepate.com/experience/criminal-defense/federal...

[3] https://www.justice.gov/archives/jm/criminal-resource-manual...

[4] https://www.mololamken.com/knowledge-Is-It-a-Crime-To-Lie-to...

Re:SEC charges Netflix insider trading ring by bsder on Wednesday August 18, 2021 @10:33PM (#28229702)
Rule the first: Don't talk to the police.

The SEC and the IRS are police.

Obligatory repost: https://www.youtube.com/watch?v=d-7o9xYp7eE&t=612s

Re:SEC charges Netflix insider trading ring by paulpauper on Wednesday August 18, 2021 @07:09PM (#28228322)
insider trading does not imply making money. just trading on insider info.
Re:SEC charges Netflix insider trading ring by dkrich on Wednesday August 18, 2021 @07:59PM (#28228747)
Because they made over $3 million probably having done little to no trading prior to that run.

Pretty much anyone could spot insider trading patterns. I’d be willing to bet these guys were making bets only on Netflix in the form of short-dated options most of which typically expire worthless. If someone were to repeatedly aggressively buy low probability short-dated options around an event like earnings and win consistently you would be able to infer that they are trading on insider knowledge.

Of course recognizing the pattern is only half the battle. They also have to figure out how they are accessing the inside info, hence tracing the traders back to Netflix employees and conversations they had regarding paybacks, etc.

Re:SEC charges Netflix insider trading ring by paulpauper on Wednesday August 18, 2021 @07:07PM (#28228290)
not enough to know the numbers, u have to know how market will react. I have seen many times a company post huge numbers that beat estimates and not go up much.
Re:SEC charges Netflix insider trading ring by skrtskrt on Wednesday August 18, 2021 @06:42PM (#28228076)
Good point - we'll file making negative money under "make under $1 million".

Even if you lost money the one time you did it, I'd probably still recommend doing it approximately once.

Re:SEC charges Netflix insider trading ring by paulpauper on Wednesday August 18, 2021 @07:08PM (#28228310)
if the worst penalty means loss of gains, it is rational to do it at least once and be verrrry careful to not get caught
Re:SEC charges Netflix insider trading ring by ok123456 on Wednesday August 18, 2021 @07:30PM (#28228513)
Martha Stewart went to prison for lying about a trade.
Re:SEC charges Netflix insider trading ring by kelnos on Wednesday August 18, 2021 @08:44PM (#28229057)
There's a "simple" solution to that: don't lie about it. If the SEC comes knocking on your door, refuse to talk to them until you've had a chance to consult with a lawyer, and then do what the lawyer says.
Re:SEC charges Netflix insider trading ring by rasz on Wednesday August 18, 2021 @06:43PM (#28228085)
Nah, the safest way involves relatives in politics.
Re:SEC charges Netflix insider trading ring by skrtskrt on Wednesday August 18, 2021 @06:44PM (#28228088)
or just being a senator
Re:SEC charges Netflix insider trading ring by sroussey on Wednesday August 18, 2021 @07:01PM (#28228229)
Yeah, the write the laws and exempt themselves.
Re:SEC charges Netflix insider trading ring by Kluny on Wednesday August 18, 2021 @06:52PM (#28228147)
The thing is, 1 million is a pretty cheap price to sell your integrity. If you do get caught, you got caught over a relatively small sum. Once you've gotten your hands dirty, why not go all in? Why not go for James Bond villain money?

That's not rational, of course, but humans aren't rational.

Re:SEC charges Netflix insider trading ring by Johnny555 on Wednesday August 18, 2021 @08:15PM (#28228866)
You don't always have that option, rarely does someone say "Hey, I have a plan to steal unlimited amounts of money, do you think we should steal $1M or $100M"

Besides, unless you're already wealthy it's harder to hide the theft of huge sums of money.

Re:SEC charges Netflix insider trading ring by xvector on Wednesday August 18, 2021 @06:56PM (#28228175)
It is rational if the punishment for insider trading stays relatively constant but the benefit increases with money traded - which it probably does.
Re:SEC charges Netflix insider trading ring by skrtskrt on Wednesday August 18, 2021 @07:00PM (#28228213)
pretty sure they claw it all back, then fine you, then you pay your lawyers, then they maybe throw you in jail.
Re:SEC charges Netflix insider trading ring by sumedh on Wednesday August 18, 2021 @09:21PM (#28229289)
> then they maybe throw you in jail.

If you are very rich they dont throw you in jail.

Re:SEC charges Netflix insider trading ring by thinkloop on Thursday August 19, 2021 @12:44AM (#28230397)
You forgot the (non-linear) increased risk of getting caught with each iteration.
Re:SEC charges Netflix insider trading ring by tshaddox on Wednesday August 18, 2021 @07:29PM (#28228509)
It's worse than that. It's also something similar to no true Scotsman, because presumably the act of getting caught is the only piece of evidence used to argue that they're complete idiots.
Re:SEC charges Netflix insider trading ring by spaetzleesser on Wednesday August 18, 2021 @08:27PM (#28228944)
“ This is selection bias. The people who get CAUGHT doing it are complete idiots.”

I used to know a Wall Street guy sometime around 2005. The way he presented it was that there is a ton of variations of insider trading going on. People talk to each other and insiders are always ahead of the general investors.

I tend to believe that. As creative , greedy, competitive and smart these people are I can’t imagine them not taking advantage of every opportunity they see. Also, in most other industries the regulators mostly go after the smaller guys because the big guys are too hard and expensive to prosecute.

Re:SEC charges Netflix insider trading ring by bostonsre on Wednesday August 18, 2021 @06:48PM (#28228117)
Yea, I'd imagine if you have enough discipline (e.g. don't use your family to make the trades) and use tradecraft well (e.g. don't talk about it on slack or in text messages), it should be possible to get away with it. It would be neat to know how many hedgefunds do it and what process they follow to do it.
Re:SEC charges Netflix insider trading ring by throwawaytemp27 on Wednesday August 18, 2021 @07:29PM (#28228510)
I am not uncertain. (Billions reference)

To elaborate - use someone who gets their hands dirty gathering info then communicates their certainty in code and in person.

Re:SEC charges Netflix insider trading ring by sngz on Wednesday August 18, 2021 @09:13PM (#28229246)
congressmen and women have been caught doing it yet nothing is ever done.
Re:SEC charges Netflix insider trading ring by hermitdev on Wednesday August 18, 2021 @09:33PM (#28229346)
Congress critters are exempt from insider trading laws. Insider trading by congress (and their staffers and family) was briefly made illegal by the STOCK Act of 2012 [0] and quietly neutered a year later.

[0] "STOCK Act - Wikipedia" https://en.m.wikipedia.org/wiki/STOCK_Act

Re:SEC charges Netflix insider trading ring by whoisjuan on Wednesday August 18, 2021 @06:17PM (#28227842)
True!
Re:SEC charges Netflix insider trading ring by jjk166 on Wednesday August 18, 2021 @07:23PM (#28228462)
> If you trade the stock of your current or former employer (especially before earnings calls) and yield unrealistic gains you're going to get flagged and someone is going to manually review your shit.

There are a lot more sophisticated methods of insider trading. Just for starters, get someone else who has no apparent insider status to make the trades for you. It doesn't take a genius to come up with strategies like burying your insider trades in a much larger number of regular trades to make the profits less conspicuous, or getting fake blog posts written that essentially say to do exactly what the inside trader is planning to do thus creating a plausible explanation besides insider knowledge for an agents strategy.

It's like money laundering: the methods you see on TV are the simple versions that are easy for an audience to understand, they're not what people who have actually taken the time to come up with a strategy do.

Re:SEC charges Netflix insider trading ring by yellow_lead on Wednesday August 18, 2021 @07:35PM (#28228561)
You can also trade certain big name stocks anonymously via cryptocurrencies that track them. I think FTX has some.
Re:SEC charges Netflix insider trading ring by trident5000 on Wednesday August 18, 2021 @08:10PM (#28228826)
Off topic but: watching cryptocurrencies move before recent legislation news (infrastructure bill) hit any public source confirmed to me that DC is the insider trading capital of the country. You dont even need to look hard...like Pelosi's husband buying Amazon calls right before they scored a large cloud computing govt contract. That was absurd.
Re:SEC charges Netflix insider trading ring by yellow_lead on Thursday August 19, 2021 @06:02PM (#28239925)
Technically, cryptocurrencies aren't regulated securities. I don't think insider trading rules apply?
Re:SEC charges Netflix insider trading ring by vgatherps on Wednesday August 18, 2021 @11:59PM (#28230191)
They’re certainly not anonymous on FTX, you have to be KYC’ed both by the exchange and the institution doing the tokenizing. Maybe you can trade anonymously on a DEX somewhere?

Just being on FTX probably makes it much harder for the SEC to find the gains, though.

Re:SEC charges Netflix insider trading ring by paulpauper on Wednesday August 18, 2021 @07:28PM (#28228500)
Just for starters, get someone else who has no apparent insider status to make the trades for you.

they already do that. sometimes the info is passed through many ppl and still get caught.

Re:SEC charges Netflix insider trading ring by jjk166 on Wednesday August 18, 2021 @08:26PM (#28228939)
Hence the "just for starters"
Re:SEC charges Netflix insider trading ring by traceroute66 on Wednesday August 18, 2021 @06:38PM (#28228033)
> People who do it are just complete idiots.

Exactly this. Especially in the 21st century world of big data, ML algorithms and all that jazz.

The closer you are to the action, the higher the chances of getting caught.

If you work for a finance firm, its pretty much guaranteed you'll be caught. Firms are hot on it and they take all sorts of layered measures to prevent it and stamp it out. If you work for a finance firm, in most cases its actually harder to obtain the insider information in the first place than it is to act on it as a PA trade. One of the most well funded and well-staffed departments in any finance firm is the compliance department and they have the power to kill your career instantly (you'll get escorted from the office the moment they suspect anything, forced to stay at home on gardening leave whilst they investigate and then once that's over - and assuming it doesn't go legal - you'll find nobody in finance will employ someone who was sacked for compliance reasons).

If you work for a listed company, then like these guys eventually found out, you'll be caught. A bit of data mining at the SEC will soon weed out transactions made by people who likely knew what was going on before the public did.

All this hard work on compliance makes the stockmarket one of the most even playing fields there is for investors, because the work of the SEC and other regulators around the world is there to ensure John Doe has the same chances as Warren Buffet to make money on the stockmarket. (Yes, the world of HFT is a bit different with their technological edge, but that's another story).

Re:SEC charges Netflix insider trading ring by throwaway0a5e on Wednesday August 18, 2021 @07:31PM (#28228525)
I work in finance. Thank you for the laugh.

Compliance is a cost center. The Redditesque fantasy of compliance departments overflowing with resources because the company loves law for the sake of law or thinks that going above and beyond makes you less likely to get screwed than just doing what your lawyers tell you the laws says you need to do are just that, fantasy.

Compliance departments get tasked with making the company comply, nothing more, nothing less. And they're mostly given the resources to do that, nothing more nothing less.

Re:SEC charges Netflix insider trading ring by traceroute66 on Wednesday August 18, 2021 @07:43PM (#28228634)
I think that's a little bit too cynical.

For a start "company loves law for the sake of law". The company is operating in (a) a highly regulated environment (b) likely wishes to avoid the fines and adverse publicity associated with non-compliance. Its nothing to do with "loving the law".

But each to their own interpretation I guess.

Re:SEC charges Netflix insider trading ring by komali2 on Wednesday August 18, 2021 @11:07PM (#28229911)
Cynicism from a generation that weathered two massive downturns / recessions with almost no real consequences for those responsible is to be expected.
Re:SEC charges Netflix insider trading ring by throwaway0a5e on Thursday August 19, 2021 @08:50AM (#28233171)
>Cynicism from a generation that weathered...

I don't disagree in principal but...

I called the behavior Redditesque for a reason. Comments portraying regulatory agencies as all-seeing gods ready to smite anyone who dares not display their faith enthusiastically enough let alone materially violate the rules are wildly popular there. Cynical realpolitik takes (e.g. "MHSA will show up and fine you for everything they can while doing nothing to materially improve safety") on regulatory enforcement are very much unaccepted over there. Millennials and gen Z, exactly the people you'd expect to be the most cynical are also over-represented there compared to the general population. So clearly there's some other mechanism at play.

Re:SEC charges Netflix insider trading ring by paulpauper on Wednesday August 18, 2021 @07:20PM (#28228430)
All this hard work on compliance makes the stockmarket one of the most even playing fields there is for investors, because the work of the SEC and other regulators around the world is there to ensure John Doe has the same chances as Warren Buffet to make money on the stockmarket. (Yes, the world of HFT is a bit different with their technological edge, but that's another story).

When Warren Buffet bought financial stocks in 2008-2009 the deals were done in such a way he could not lose money easily, or at least had a much lower chance than any ordinary investor.

Re:SEC charges Netflix insider trading ring by traceroute66 on Wednesday August 18, 2021 @07:25PM (#28228477)
> When Warren Buffet bought financial stocks in 2008-2009 the deals were done in such a way he could not lose money easily, or at least had a much lower chance than any ordinary investor.

Isn't one of his great sayings "be greedy when others are fearful" ?

IIRC the market didn't have much lower to go in 2008-2009 so if he bought at (or close enough) to "the bottom" then he wasn't really taking on much risk anyway.

Did it myself last year when COVID started and the market plummeted. Went on a shopping spree with some spare cash I had, lots of decent shares being effectively sold at a discount, all you had to do was "be greedy when others were fearful" ... pick something up at a 20%+ discount and then just sit and wait (and be prepared to wait a few months to a year). And with COVID it was pretty clear that as long as it wasn't an airline or hospitality stock, the odds would be in your favour.

Re:SEC charges Netflix insider trading ring by carnitine on Wednesday August 18, 2021 @07:55PM (#28228722)
Your comment is totally irrelevant. Buffet bought equity off the exchanges in structured deals. That isn’t possible for a retail investor.
Re:SEC charges Netflix insider trading ring by renewiltord on Wednesday August 18, 2021 @08:27PM (#28228949)
And he’s been doing it for ages. Example is the Salomon Bros deal described in Liar’s Poker.

There is some mythology here that is out of tune with the reality of using your power to get favorable deals.

Re:SEC charges Netflix insider trading ring by fhood on Wednesday August 18, 2021 @07:12PM (#28228345)
Having recently left a fintech job for just a normal tech job I was surprised to find that 4 hours of mandatory insider trading training was not the standard.
Re:SEC charges Netflix insider trading ring by traceroute66 on Wednesday August 18, 2021 @07:17PM (#28228408)
Interesting. How far removed were you from regulated activities ? Did your firm and/or role have a retail facing element or only institutional ?

Most places I know of would not only have the sort of induction training you imply, but regular refreshers for anyone involved in regulated or at-risk activities.

Re:SEC charges Netflix insider trading ring by fhood on Wednesday August 18, 2021 @07:58PM (#28228743)
We had the refreshers as well. We theoretically had access to fairly extensive private data. Not without leaving a pretty extensive paper trail, but the access was there.
Re:SEC charges Netflix insider trading ring by nostrademons on Wednesday August 18, 2021 @07:36PM (#28228571)
Mandatory insider trading training is required at my FAANG employer. I think it's 1-2 hours rather than 4 hours, but still substantial.
Re:SEC charges Netflix insider trading ring by w4llstr33t on Wednesday August 18, 2021 @07:27PM (#28228496)
I was going to mention HFT. How is it a level playing field when they are in the picture? Paying top dollar just to be closer and closer to the exchanges to get the fastest, "best price", when really, they have info before anyone else.

Also, what about dark pools?

Contrary to my username, which I just get a kick out of, I don't actually work on wall street or anything, but I've always felt the stock market was rigged for the elite. I think it is very likely that they have info before normal retail investors have any idea.

Re:SEC charges Netflix insider trading ring by carnitine on Wednesday August 18, 2021 @07:56PM (#28228729)
HFT is the best thing to ever happen to the average Joe retail investor. They have increased liquidity and price discovery dramatically at a fraction of the cost of the people they replaced.
Re:SEC charges Netflix insider trading ring by w4llstr33t on Wednesday August 18, 2021 @08:11PM (#28228840)
At what cost are they providing this service though? They make a ridiculous amount of money doing so. Shouldn't the exchanges have offered the best price, and provided liquidity, in the first place?

Flash Boys: A Wall Street Revolt by Michael Lewis painted HFT in a pretty bad way. I have read criticisms of the book, but it's hard to separate out bias from the criticism.

There's also all the heat on Robinhood about selling order flow, which I'm surprised was even news to regular investors. It's great they eliminated fees for normal trades, and I also understand most major brokerages sell order flow as well (and still charged for trades for a long time). I read that Fidelity is the only major player that doesn't sell order flow.

Do you have some sources that someone could learn more about this, ones that don't have a vested interest in painting it in a positive way?

Also, I'm still wondering, considering dark pools [1], and the inside information that would come along with that, since those trades wouldn't hit public markets, how the stock markets can be considered a fair place to trade?

[1] https://www.investopedia.com/articles/markets/050614/introdu...

Re:SEC charges Netflix insider trading ring by pgwhalen on Wednesday August 18, 2021 @09:36PM (#28229363)
> They make a ridiculous amount of money doing so.

I suppose it depends on how you define ridiculous, but HFTs actually make a surprisingly small amount of money these days. Probably single digit billions across the entire industry (https://quant.stackexchange.com/questions/34856/how-much-pro...), though 2020 was an exceptional year for many firms.

> Shouldn't the exchanges have offered the best price, and provided liquidity, in the first place?

Either your wording is a little funny, or this question indicates great ignorance about how trading works. Exchanges do not provide liquidity, market makers do. In 2021, "HFT" ~= "market maker".

Re:SEC charges Netflix insider trading ring by w4llstr33t on Wednesday August 18, 2021 @09:50PM (#28229444)
I don't know that much about this, so you could chalk it up to "great ignorance", I suppose.

I'm a software engineer, interested in crypto, and not that involved in traditional markets (except for holding an S&P 500 index fund).

I do think the exchanges in traditional finance shouldn't have required HFTs in the first place (i.e. it's an antiquated technology). I also think hedge funds and the ultra rich have privileged info, that retail investors don't have.

Anyway, I appreciate the clarification. I like learning about all this.

Re:SEC charges Netflix insider trading ring by pgwhalen on Wednesday August 18, 2021 @10:21PM (#28229629)
> I'm a software engineer, interested in crypto, and not that involved in traditional markets

As you learn more about crypto and traditional finance, it'll be fun to compare the two. Your confusion about the role of an exchange in traditional finance might be because you see the crypto world, where a single entity often performs the roles that many entities perform in traditional finance (exchange, clearing firm, broker, etc.).

> I do think the exchanges in traditional finance shouldn't have required HFTs in the first place (i.e. it's an antiquated technology)

I'm not quite sure what this means, but it's important to understand that HFTs exist in the crypto space as well. Capital markets don't function particularly well without marker makers, and absent some rule explicitly preventing high speed trading, marker makers will tend towards being the fastest traders in any market.

Re:SEC charges Netflix insider trading ring by w4llstr33t on Wednesday August 18, 2021 @10:40PM (#28229743)
> As you learn more about crypto and traditional finance, it'll be fun to compare the two. Your confusion about the role of an exchange in traditional finance might be because you see the crypto world, where a single entity often performs the roles that many entities perform in traditional finance (exchange, clearing firm, broker, etc.).

Yes, I agree!

In terms of what I called antiquated technology, I think there are a lot of layers on traditional finance, and a lot has changed since its beginnings. I think crypto will go through a similar evolution, in terms of tech, regulation, etc. I think we're in the very early stages for crypto and it has a chance to be an even better system.

I do know that HFTs exist in crypto, and it still is the wild west in some ways, but in the end I like that innovation is happening and that there are alternatives to existing systems.

That said, I appreciate all the responses and I'll take some time to learn more about traditional markets.

Re:SEC charges Netflix insider trading ring by vgatherps on Thursday August 19, 2021 @12:54AM (#28230460)
Crypto volume is pretty hft/market maker weighted as well.

There’s just not

a. Enough random interested parties willing to buy/sell various coins so that you have low-spread and liquid markets

b. Non-hft players who keep crypto markets in line with each other

This isn’t super surprising. Managing posted liquidity is a difficult task that sort of requires being halfway to a market maker, and naturally most non-market makers just want to buy and sell right away instead of posting orders and waiting/hoping.

The result of this is that most liquidity is provided by HFTs, since they’re the only party that can and even wants to have a bunch of bids/offers out for you to trade against.

Re:SEC charges Netflix insider trading ring by IncRnd on Wednesday August 18, 2021 @10:07PM (#28229548)
Today's crypto has the same issues: the fastest decision-making computer with the shortest time to the network makes the block.

Just like cutting inches off mainframe cables, manufacturers of ASICs purpose-build computer chips for crypto. GPU operators tune their cards and even download new code to get every last bit of processing capability from their devices. Crypto in these ways is just like HFT.

Re:SEC charges Netflix insider trading ring by Dylan16807 on Wednesday August 18, 2021 @10:46PM (#28229795)
Isn't that the opposite of how it works?

Transferring data and calculating the core of a new block takes a fraction of a second, and then it takes an average of several minutes to find the right random numbers to finish the block.

A latency advantage in HFT lets you take most of the profits. A latency advantage in cryptocurrency mining gives you a fraction of a percent better profits.

A calculations-per-second advantage helps in mining, but it's strictly proportional.

Re:SEC charges Netflix insider trading ring by IncRnd on Wednesday August 18, 2021 @11:28PM (#28230039)
> Isn't that the opposite of how it works?

No.

> Transferring data and calculating the core of a new block takes a fraction of a second, and then it takes an average of several minutes to find the right random numbers to finish the block.

A PoW, say Bitcoin, is configured in the consensus algorithm to avoid duplicate spending. The fastest, correct miner for a block that communicates the quickest to the network will get the block.

Re:SEC charges Netflix insider trading ring by Dylan16807 on Wednesday August 18, 2021 @11:37PM (#28230078)
I think you're very confused about how mining blocks works. It only takes microseconds to test a specific hash. Every miner is testing a different random bunch of numbers to see if they get a lucky result where the hash starts with enough 0 bits.

There's near-zero overlap between the numbers tested by different miners. So a latency advantage does not make you win. Everyone is picking lottery numbers in parallel. If three miners have the exact same hash rate, and one of them has a 2 second head start, then the one with the head start is only going to win 33.4% of the time.

Re:SEC charges Netflix insider trading ring by IncRnd on Thursday August 19, 2021 @02:28AM (#28230994)
You're making some incorrect assumptions about what I wrote, based upon somehow reading things I didn't write. I am intimately familiar with the bitcoin network. I never said that many miners simultaneously work on the same block. Don't worry, you aren't alone in the crypto world with making assumptions.
Re:SEC charges Netflix insider trading ring by Dylan16807 on Thursday August 19, 2021 @05:57AM (#28232058)
"The fastest, correct miner for a block that communicates the quickest to the network will get the block." is misleading at best and completely false at worst.

If I'm misinterpreting you, feel free to clarify, but to me it looks like you're saying that latency matters (more than a fraction of a percent) with cryptocurrency, and it does not matter.

And moreso, "the fastest decision-making computer with the shortest time to the network makes the block." is not true. Even if you mean "lucky" by "fastest", since the computer that finds a block doesn't have to be fast, 99+% of the time blocks are found far enough apart that time to network is irrelevant.

Re:SEC charges Netflix insider trading ring by w4llstr33t on Wednesday August 18, 2021 @10:14PM (#28229591)
I still like the distribution of power to those who wouldn't have had a chance otherwise.
Re:SEC charges Netflix insider trading ring by arcticbull on Thursday August 19, 2021 @01:13AM (#28230572)
Alameda and Cumberland?
Re:SEC charges Netflix insider trading ring by w4llstr33t on Friday August 20, 2021 @08:10PM (#28252813)
I meant that the flat system of crypto where (at least before industrial mining), people could spin up mining rigs (which is still possible, I think at least with some altcoins), but also, that the barrier to entry for folks trading crypto is lower than traditional markets. Some may chalk this up to the need for KYC/AML, but I think there are intentional barriers to entry for individuals that people in power don't want to have access to say, equity markets, that don't exist as much in crypto markets. I don't think crypto markets should be used to supplement terrorism, money laundering, tax avoidance, or anything else like that, but if you take a look at say, Robinhood, who tried to lower some of these barriers to entry to traditional markets, I think crypto as a whole is trying to do that. I also have said in other posts, and will continue to, that blockchain analytics will only continue to get more advanced, so the narrative that crypto is only used for illegimate activity is bullshit. I do think that it is a power to the people that can't be stopped, due to its decentralized nature, and that it is the only possibility I've seen so far as an alternative to everything else going on that requires sovereign government policy and currencies (that are backed by war, control, etc).
Re:SEC charges Netflix insider trading ring by eu90h on Wednesday August 18, 2021 @08:58PM (#28229142)
I'd like to recommend the book "trading at the speed of light". It's an in depth look at the world of high frequency trading based on first hand interviews with traders, court documents, etc. It would appear based on what little information is actually available that HFT firms net only modest profits after taxes and fees on trades. Historically, it appears most firms fail to turn a profit and shut down. A paper of Laughlin (2014) suggests virtu, a hft firm that now executes Robinhood orders, earns an estimate profit of 0.24 cents per trade, with 0.05 to 0.1 cents per share traded being a respectable profit.

I highly recommend this book though if your into this topic

Re:SEC charges Netflix insider trading ring by w4llstr33t on Wednesday August 18, 2021 @09:55PM (#28229474)
Thanks. I'm going to check this book out.
Re:SEC charges Netflix insider trading ring by traceroute66 on Wednesday August 18, 2021 @07:50PM (#28228690)
> I was going to mention HFT. How is it a level playing field when they are in the picture? Paying top dollar just to be closer and closer to the exchanges to get the fastest, "best price", when really, they have info before anyone else.

Apologies if my post implied insider knowledge on the part of HFTs. That's not the case.

The point I was making is their model is ONLY viable if they have the best mathematical brains, the best computing power, the best connectivity. If anything in that fragile chain is broken then their model is unviable.

In the end, they trade on what is best described as noise. They look for patterns in the noise. And so they need "the best" noise, as soon as instantly as they can get it, and the computing power to process it as close to instantly as possible.

I called it "another story" because its a truly nuts way of making money. ;-)

There is an old saying. "Time in a trade is better than timing a trade". HFTs are basically trying to do the latter all day, every day.

In my view, John Doe the buy & hold investor actually has the advantage that they can wait for weeks, months or years.

Tortoise & Hare and all that ....

Re:SEC charges Netflix insider trading ring by Galanwe on Wednesday August 18, 2021 @09:28PM (#28229326)
> Paying top dollar just to be closer and closer to the exchanges to get the fastest, "best price"

Being able to send an order with a smaller latency does not magically get you a "better price".

99.9999% of the market participants couldn't care less if their orders arrived 1ms or 1m after they send it. Hell, most hedge funds trade on a _daily_ basis, with multiple days of expected returns predictions, and are more concerned with the transaction cost than the latency, thus opting for a very slow "market close price" execution algo.

Those interested with very low latency are not hedge funds but market makers, and the kind of microstructure signals they exploit is not only orthogonal to what a retail investor would do, but often brings in just bips per trade, meaning the leverage required to make it worth it is anyway out of the retail league.

> I think it is very likely that they have info before normal retail investors have any idea.

What is a normal retail investor? Obviously hedge funds are going to be faster to react to e.g. earnings events than you. That doesn't mean this information is not public. It's just that HF pay data providers, invest in automatic data processing and decision making, etc.

But normal retail investors don't trade on events, they trade for the long term. For the simple reason that they don't want to hit refresh every second on the web page publishing earnings calls of each stock they want to buy.

> what about dark pools?

Yes, what about them? The name triggers the imagination of people but there's really nothing fancy about it. The objective of dark pools is to allow the exchange of shares without too much of a movement in the orderbook. This is actually good for both users of dark pool (they get lower slippage) and users of the public market (it prevents artificial big swings in price due to large buyouts, which would be announced anyway). The liquidity at time T in the order book is not tailored to absorb any ridiculous amount that a large investor could be willing to exchange.

> Shouldn't the exchanges have offered the best price, and provided liquidity, in the first place?

What does that even mean? The exchanges don't offer price by themselves, they just reflect what participants are willing to pay or receive. They are just middlemen facilitating the exchange of goods by publishing the order book of who's willing to buy/sell and at which price.

The exchanges also cannot magically provide liquidity out of thin air. Liquidity means there is someone real on the other end of your trade that is willing to buy or sell to you. Exchanges cannot create that artificially.

What exchanges do, though, is offer rebates to providers of liquidity (including the market makers that you seem to despise) in exchange for the liquidity they provide. This is not a random decision by the exchange, it's because providing liquidity to the market is beneficial for everyone. As an investor, it means I won't have to worry that I will not be able to sell my shares whenever I want to. It also means that the spread will be tighter, thus lowering my slippage. And subsequently, it also means arbitrage is most likely in place, so I'm not being scammed just because I didn't check the price on 5 different platforms.

Re:SEC charges Netflix insider trading ring by w4llstr33t on Friday August 20, 2021 @07:24PM (#28252521)
> Those interested with very low latency are not hedge funds but market makers, and the kind of microstructure signals they exploit is not only orthogonal to what a retail investor would do, but often brings in just bips per trade, meaning the leverage required to make it worth it is anyway out of the retail league.

Thanks for clarifying.

> What is a normal retail investor? Obviously hedge funds are going to be faster to react to e.g. earnings events than you. That doesn't mean this information is not public. It's just that HF pay data providers, invest in automatic data processing and decision making, etc.

Well, this is sort of what I'm saying. As a regular person, you just don't have the same information, or the ability to act on it as quickly. Sure, buy and hold investors aren't really affected, but they are providing liquidity for these folks who can take some advantage. I may be pretty wrong about this, however, it's just like anything where there are friends / contacts / associates. Some parties just have more information, especially if they have money to spend. You did mention earnings though. I just have a hard time believing that hedge funds only act on public information. They might structure their trades based on how not to get flagged, but how do they not have friends or contacts in the space that tell them a thing or two? This is what they are doing full time, so I would imagine they spend a good majority of their time thinking about how to make the most money and not raise any red flags. I actually don't have an issue with this, but I always see claims that the traditional market is totally fair, but it does not seem like a very flat system to me. Those in power seem to have some advantage. If that was how the market was presented (i.e. some people have sway, more information, and the ability to act more quickly than retail), I wouldn't have any issue with this. I see the opposite though, the narrative is that retail traders can make trades without worrying because it's totally equal. If all retail traders were doing was buy and hold, then again, no issue, but not all retail traders trade that way.

> Yes, what about them? The name triggers the imagination of people but there's really nothing fancy about it. The objective of dark pools is to allow the exchange of shares without too much of a movement in the orderbook. This is actually good for both users of dark pool (they get lower slippage) and users of the public market (it prevents artificial big swings in price due to large buyouts, which would be announced anyway). The liquidity at time T in the order book is not tailored to absorb any ridiculous amount that a large investor could be willing to exchange.

Where do I learn more about dark pools? My initial response to learning about them was that they are basically tailored to hide trades from the general public, for the benefit of institutional traders. I was concerned that dark pool operators would also have information that then they could front-run the rest of the market with. I feel like when I make a trade in the equity markets, or if I read something in traditional news, someone else has heard about this earlier that day, or maybe days before, based on insider information, just due to them being more deeply involved with the market. I just don't really see how this is fair (and this is the claim I see time and time again in traditional markets). I don't think all this information is public. If it's in some obscure place, that 95% of the investing public doesn't see, is it really public? Maybe the SEC protects against that, but it seems like the big players have an advantage. It seems like I have a lot of incorrect assumptions though, so I'd like to learn more about this.

> What exchanges do, though, is offer rebates to providers of liquidity (including the market makers that you seem to despise) in exchange for the liquidity they provide. This is not a random decision by the exchange, it's because providing liquidity to the market is beneficial for everyone. As an investor, it means I won't have to worry that I will not be able to sell my shares whenever I want to. It also means that the spread will be tighter, thus lowering my slippage. And subsequently, it also means arbitrage is most likely in place, so I'm not being scammed just because I didn't check the price on 5 different platforms.

Yeah, I get it, this is a quite mature market (and that's a good thing). I still have a feeling that the extremely powerful have sway in the market, in a way that isn't exactly "fair", but maybe it just comes down to the amount of capital they have (but again, I would think that the size of the trades should be on public markets then, not dark pools). Anyway, in the end, what I've learned from all this is how far the traditional markets have come, and how other markets (like crypto, which also have things like dark pools) can learn from this.

Re:SEC charges Netflix insider trading ring by Galanwe on Friday August 20, 2021 @10:33PM (#28253599)
> Well, this is sort of what I'm saying. As a regular person, you just don't have the same information, or the ability to act on it as quickly.

Well the general idea is that everyone have the possibility of getting the information at the same time. The difference is how fast you can react, which seems fair to me.

To be frank, hedge funds, especially quantitative ones, are usually not the fastest to respond to earnings. The lifecycle of earnings announcements often roughly goes like that:

- Company X releases its earnings on the SEC website. This usually happens once the market is closed (~6pm) so that people have until the next morning to digest it, and avoid dubious ultra fast reactions. The publication date was already announced so everyone know it's coming.

- The next morning at market open, some (few) investors already place trades based on the earnings published. Most of the time, these are human decisions made by financial analysts experts on company X that read the earnings, because systematic funds seldomly trade on unstructured data such as PDF reports.

- an earnings calls takes place the next morning also, so that financial analysts can ask questions and clarifications about the figures to company X. Right after, the wav/mp3 of the call is uploaded (often on the company website). Some more investor do trade based on the earnings call, either by financial analysts listening to it, but more and more just by reading the transcripts. Some (few) hedge funds apply NLP to parse the transcripts at that point, and trade based on the results.

- The next day, major data providers (think Reuters/Refinitiv, Bloomberg, etc) have processed the transcripts to structured data. The major hedge funds all subscribe to these data providers, and are now able to start trading on the earnings event.

- The same day, Bloomberg releases an article about the earnings of company X and explains why its good, dedicated retail investors and non systematic hedge funds get interested and join the trade.

- for the next 10 days or so, more and more (slower) people will continue the trend on these earnings, until the price stabilizes to a market consensus. See PEAD - post earnings announcement drift - for more information.

This is more or less how it goes for earnings. Nothing strikes me as _unfair_ here. Everyone had the opportunity to put effort in reading the earnings. It's just a trade-off of convenience (i.e. I want structured data), price (i.e. I hire a financial analyst to interpret the earnings early), and R&D (i.e. I invested in NLP to parse transcripts) versus the speed of reaction to the event.

What could make it more fair for retail investors? Forbidding the use of financial analysts because they are more knowledgable than average Joe? Forbidding the use of NLP because average Joe does not know how to code?

> I just have a hard time believing that hedge funds only act on public information.

Oh but trust me they do. Now there will always be outliers, shaddy deals, etc. Any system with rules have cheaters. But that's definitely very very exceptional. This is especially true for non proprietary funds (funds managing money of other people - the vast majority), since the amount of scrutiny is huge.

Allow me to use myself as an example. I work in a hedge fund, though I deal mainly with operational / technical / quantitative matters. I have one of the lowest grade of surveillance level (MIC) which still entails:

- All my work phones are tapped (mobile and fix)

- All my work conversations are logged.

- I am forbidden from contacting anyone about professional or financial matters if the medium is not logged (i.e. No whatsapp, no signal,...)

- I am forbidden to invest in most asset classes. Except for equities, for which I need pre-approval of the trades 2 days in advance, and have a minimum holding period of 30 days. Compliance has access to my brokerage account, and reports on those of my close relatives.

- I am forbidden from giving any financial advice to anyone, even family or friends

- I am forbidden from receiving any financial research or counseling material from anyone, through any medium (mail, phone, conference) if the material is 1) free or 2) undeclared.

- I am forbidden from discussing or meeting with some people in the office, as well as walk in certain parts of it ("Chinese walls") , since screens could reveal information, or conversations could take place.

- At leat 15h of compliance / legal training per year.

- I am personally (not the company: myself) liable up to $10 millions (disclaimer: I don't have that kind of money) if any material incident happens that could be traced by me not setting up the proper mitigation. E. G. If a bug happens and I did not give the team the means to have catched it. Or the worst nightmare of MICs: if someone does some shaddy business, and I did not arrange for enough control or compliance training for him to know that it's illegal.

- The usual set of no paid gifts, trips, conference in fancy hotels or whatsnot.

- etc etc etc

Keep in mind that's not even the highest scrutiny level. So, yes, some people cheat, we see it in newspapers, but that's the 0.0001%

> Where do I learn more about dark pools?

I honestly don't know. This is really a detail of equity markets, each broker have a different one with different specificities. As for front running, this is IMHO something of the past (at least on equities, for major brokers). Clients are well aware of the risk and require huge amounts of compliance and processes on their brokers to prevent that, not even mentioning the regulators themselves. The reputation risk is just not worth it.

> My initial response to learning about them was that they are basically tailored to hide trades from the general public

Well that's true. But it's often because the purchase is too huge to be made public, it would disrupt the market for no reason. Think of what happens to crypto when a whale sells off, huge upswing followed by huge downswing, until the price settles back again,and in the meantime the investor got an awful slippage, people panicked, bit trade crazy stuff, etc.

I know dark pools trigger the imagination of journalists and retail, but there's really nothing fancy about them. Let's take a real world example to explain how they are used.

Every year, Apple reserves a portion of their profits to buy back some shares from the market, which they then destroy (I won't enter into the details of why they do that, it's a pretty common practice for growth companies). Apple does this every quarter, it amounts in 2021 to $20 billions of share buyback per quarter (~$80 billions last year). What would happen if Apple just goes on the market and places a fat $20 billion market order? It would be total chaos. With such a big order, the whole liquidity of the book would disappear, price would skyrocket, people shorting apple would receive insane margin calls, people long apple would be instant billionaires for a split second, volatility would cramp up and market dislocation would trigger, meaning the stock would have to be halted, trading bots would sell everything, Apple itself would be ruined to buy at such a large price, etc, etc, etc.

That's where the dark pool can be handy. Apple announces publicly the buyback amount and date (this is mandatory for public companies), and in exchange for a (often) slightly less good price, apple can perform its buyback on a dark pool where the price won't move, and nobody will panic.

Re:SEC charges Netflix insider trading ring by w4llstr33t on Saturday August 21, 2021 @11:23AM (#28257714)
Thanks for all the information. I was operating on some false assumptions, so this clarifies quite a bit.
Re:SEC charges Netflix insider trading ring by sakopov on Wednesday August 18, 2021 @06:49PM (#28228124)
> People who do it are complete idiots.

US Senators would likely disagree with your assessment. [1]

[1] https://unusualwhales.com/i_am_the_senate

Re:SEC charges Netflix insider trading ring by whoisjuan on Wednesday August 18, 2021 @07:39PM (#28228595)
They are idiots that can inside trade with impunity.
Re:SEC charges Netflix insider trading ring by nhumrich on Wednesday August 18, 2021 @09:23PM (#28229296)
I am the senate
Re:SEC charges Netflix insider trading ring by wil421 on Wednesday August 18, 2021 @06:43PM (#28228080)
Look at companies where stocks dip or rise a few days to the day before earnings are announced. How does this happen if they don’t know something the general public or most other investment firms don’t know?

Agreed that the people getting caught are dumb. Especially making trades about your ex employer when you’ve already started an insider trading ring.

Re:SEC charges Netflix insider trading ring by sumedh on Wednesday August 18, 2021 @09:23PM (#28229294)
> People who do it are just complete idiots.

No not really. Billionaires do it as well and they dont go to jail.

https://en.wikipedia.org/wiki/Steve_Cohen_(businessman)#SEC_...

Re:SEC charges Netflix insider trading ring by andrewcamel on Wednesday August 18, 2021 @07:20PM (#28228431)
I think it's easy to assume government agencies have weak / outdated tech, but the SEC is notoriously pretty advanced in how they identify bad actors. Think about situations where someone is passing information to a friend who does not work at a company and gets a cash kickback. Somewhere they're getting a graph of relationships, and then merging that with transactions + likely some detail around known public disclosures, and doing this all at a scale of hundreds of millions of people and billions[?] in daily trades.
Re:SEC charges Netflix insider trading ring by dilyevsky on Wednesday August 18, 2021 @06:40PM (#28228049)
Your solution is easily sidestepped by trading through an entity that can’t be automatically traced to you. I’m pretty sure it’s more complicated than that and involves some form of anomaly analysis involving high gains on low activity accounts at suss timing
Re:SEC charges Netflix insider trading ring by whoisjuan on Wednesday August 18, 2021 @07:00PM (#28228210)
Entity trading is not going to obfuscate things that much. If you trade as an entity you probably have to provide an obscene amount of information to your trading platform like who are the stakeholders of the entity and who are the traders.

Not saying that SEC doesn't have sophisticated tools but I think in most cases they don't need that. Their power lies in their regulatory ability to collect personal information of who trades, when and how much.

Re:SEC charges Netflix insider trading ring by rurp on Wednesday August 18, 2021 @07:36PM (#28228562)
I think the idea is to use an entity that you don't have any sort of formal agreement or paperwork with. Eg. work out a verbal agreement with an old friend that you trust, send them the insider info in an encrypted or analog way, then they send you a cut through some unrelated method. That all seems plausible for a normal motivated person to execute on and very hard to prove.
Re:SEC charges Netflix insider trading ring by wiredfool on Thursday August 19, 2021 @08:13AM (#28232820)
Congratulations, that's now a conspiracy to commit insider trading.
Re:SEC charges Netflix insider trading ring by rurp on Thursday August 19, 2021 @02:03PM (#28237165)
Well, yeah, that's the point. We're talking about ways insider traders can evade detection.
Re:SEC charges Netflix insider trading ring by jjk166 on Wednesday August 18, 2021 @07:39PM (#28228598)
I think the idea is more like "get my acquaintance Bob to go to his broker and make the trades based on my information, Bob and I split the profits under the table."

The SEC can collect all the information it wants, but people committing securities fraud may not provide accurate information.

Re:SEC charges Netflix insider trading ring by inter_netuser on Wednesday August 18, 2021 @07:52PM (#28228704)
There are quite a few foreign hedge funds that hire hackers to breach companies and steal data.

Trades are back-fitted into some model for plausible deniability, and they also purchase political and legal cover, often at the highest levels. I wouldn't surprised some are just a front for an APT that needs more cash for their black budgets.

They generate a lot of asymmetry, billions upon billions.

Here's some patsies that got caught: https://www.theverge.com/2018/8/22/17716622/sec-business-wir...

Re:SEC charges Netflix insider trading ring by hobbyjogger on Wednesday August 18, 2021 @10:03PM (#28229520)
It's much more sophisticated than just (a) do you or did you work there and (b) did you make money on a trade.

I work at a law firm that does public M&A deals and we occasionally get inquiries from the SEC about, e.g., people that went to my high school (but a different class year) who bought stock in a company my firm did work for in the months leading up to the deal. Obviously neither me or the other person ever worked at either company (or even had any connection to them), but they still identify us as a potential risk because I could have potentially obtained insider info through the firm and then passed it on.

Re:SEC charges Netflix insider trading ring by nojito on Wednesday August 18, 2021 @08:04PM (#28228786)
This isn’t true.

SEC vs Welhouse shows how sophisticated people get and yet get caught via data analytics

https://www.sec.gov/litigation/admin/2015/34-75319.pdf

Re:SEC charges Netflix insider trading ring by pryce on Wednesday August 18, 2021 @06:51PM (#28228139)
So how would we expect people who want to evade that system to react?

A simple proposal they would quickly grasp is to have insider trading but spread out over two or more companies, let's call them ACME and Weyland-Yutani. They would have the Weyland-Yutani employees make profit off insider info passed from ACME employees, and have ACME employees make profits off insider info passed from employees of Weyland-Yutani. I imagine they would also want to prevent the groups involved from becoming too large.

Re:SEC charges Netflix insider trading ring by darksaints on Wednesday August 18, 2021 @07:36PM (#28228566)
Your scheme only captures the biggest idiots. There are plenty of ways that require much more sophisticated methods to detect. An example is insider reciprocity: an insider at company A trades inside information with an insider at company B. They both profit from the insider information but neither trades in the instrument for which they could easily be flagged as an insider.
Re:SEC charges Netflix insider trading ring by iratewizard on Wednesday August 18, 2021 @07:45PM (#28228655)
There are insider trading rings on tor. If you work at any billion plus dollar publicly traded company, you post insider information you have in exchange for insider information from others. That way the stock bets you make aren't tied to your place of employment. I've got no idea how legit any of it is, though. My company isn't publicly traded.
Re:SEC charges Netflix insider trading ring by Exuma on Wednesday August 18, 2021 @07:00PM (#28228214)
But wasn't it his friends though? I would imagine they were friends who didn't work there, so how would it find them then?
Re:SEC charges Netflix insider trading ring by jays on Wednesday August 18, 2021 @07:27PM (#28228497)
I'd guess his friends bragged about their trades to someone who disclosed it directly or indirectly to the authorities.
Re:SEC charges Netflix insider trading ring by adrianmonk on Wednesday August 18, 2021 @09:46PM (#28229421)
> They want to make it sound like some sort of powerful magic box they have that can find anyone doing something dubious

It might not just be bragging. Arguably it's in society's interest because some people might believe it and be convinced not to try insider trading.

Re:SEC charges Netflix insider trading ring by jkuria on Wednesday August 18, 2021 @07:22PM (#28228453)
I am curious, what percentage of insider trading would you estimate never gets detected?
Re:SEC charges Netflix insider trading ring by Gtex555 on Thursday August 19, 2021 @12:20AM (#28230282)
What if I tell someone unrelated to me to make the trade. Insider trading can work and has worked in the past, you just never hear about the guys who don't get caught cause they don't just do it as stupidly as you are assuming
Re:SEC charges Netflix insider trading ring by ransom1538 on Wednesday August 18, 2021 @11:35PM (#28230068)
"They think that they can leverage some assymetry of information when in reality there's no such thing. If you trade the stock of your current or former employer"

That is what friends are for.

Re:SEC charges Netflix insider trading ring by paulpauper on Wednesday August 18, 2021 @07:12PM (#28228350)
>People who do it are just complete idiots.

or maybe they underestimate the determination of feds

the govt is very good at tracking this stuff.

Re:SEC charges Netflix insider trading ring by jliptzin on Wednesday August 18, 2021 @09:52PM (#28229456)
People who get caught are complete idiots. The vast majority don’t.
Re:SEC charges Netflix insider trading ring by amelius on Wednesday August 18, 2021 @06:48PM (#28228115)
How about family members/friends of employees of Y company?
Re:SEC charges Netflix insider trading ring by smabie on Wednesday August 18, 2021 @07:15PM (#28228379)
Just trade mirrored stocks on blockchain. Easy
Re:SEC charges Netflix insider trading ring by paulpauper on Wednesday August 18, 2021 @07:23PM (#28228466)
no options
Re:SEC charges Netflix insider trading ring by dvtheswe on Wednesday August 18, 2021 @08:11PM (#28228842)
non-tech loves to black box tech that tech wants to open source
Re:SEC charges Netflix insider trading ring by hellbannedguy on Wednesday August 18, 2021 @08:34PM (#28228992)
"That's the thing about insider trading. People who do it are just complete idiots."

Maybe in this pumped up bull market certain individuals have restrained from Insider Trading, but it's alive and well.

In college, I was a errand boy at a finance business in SF. The amount of insider tips I heard was staggering. I would be a rich man today if I had a bit of money back then. (The owner of the business did get close to going to jail, but it was over something else. I believe it was tax evasion. It didn't help he was Ed Meese's Financial Planner at the time.

I live in Marin County. A wealthy enclave that espouses liberal values, but are ruthless when it comes to their money. They share info at Wholefoods, or the charity dinner they get tipsy at. Hell, if I had money, I'd be tempted.

They trade a lot of information.

For years, the SEC was very small, and it's not much bigger today.

Hell, the only real money my dad made in the 90's was from an insider tip over thanksgiving dinner from a father in-law. (My dad passed, and the SOL is long gone.)

Re:SEC charges Netflix insider trading ring by hogFeast on Wednesday August 18, 2021 @08:00PM (#28228756)
The people doing it do not trade themselves. And the SEC does not have a list of all current and former employees of the company (only certain officers have to actually report with the SEC). People who do this are not idiots...most of them do not get caught (selection bias, you only see the people who got caught, there are individuals who have made $100m, $200m doing this...never been caught or charged).

Also, the way they do this is by examining trading patterns. The SEC is 100x better at this than most other countries. Insider trading prosecutions are very rare outside the US (not just because it is hard to catch, it is very hard to win insider trading cases at trial). It requires a fairly sophisticated approach to uncover suspicious trades (every day, billions of trades, millions of securities, you have no idea who works where, you have no idea who their family is, you have no idea who their friends are...not easy).