Insider Trading Offences
What is Insider Trading?
Insider Trading is a more recent criminal offence which involves the illegal trading of shares or other financial securities, whilst having internal knowledge about the particular stock, which is not known or made available publicly.
Such offences usually arise out of investigations carried out by Australian Securities and Investment Commission (ASIC). They are prosecuted by the Commonwealth Director of Public Prosecution.
Insider Trading & The Law
The offence of Insider trading is covered under Section 1043A of the Corporations Act 2001.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused was on possession of specific and sensitive information; and
That information was not made known public and not generally available
The accused was aware that the information was not known or made public
The accused used or tried to use this information to participate in trading activities.
Going to Court – “What am I looking at?”
Insider trading is a serious offence and strictly indictable, which means that it will be heard in the District Court. It carries a maximum penalty of a fine of up to $450,000 and/or 10 years imprisonment.
Lawyer Call – Help is just a click away..
If you have been charged with Insider Trading, contact one of our offices today and seek the legal assistance of experienced professionals in this field.
At Lawyer Call we will conference with you regarding your circumstances that gave rise to this charge and offer expert legal opinion on how to best deal with your Court proceedings.
Contact our experienced team of Defence solicitors to obtain appropriate and honest legal advice regarding the prospects of defending this charge and the best course to proceed when going to Court.
Alternatively, if a plea of guilty is more appropriate in the circumstances, our Lawyer call Defence Criminal solicitors have in-depth preparation in gathering and analysing specific medical and supporting documentation to assist your case and make relevant sentencing submissions addressing the early plea of guilty, the value of the money laundering, the circumstances of the offence, as well as any subjective factors that will present an overall picture to achieve the best possible outcome before a Judge and obtain a more lenient sentence.