How Insider Trading Hides Behind a Barely Noticed Rule
Knowledge at WhartonApr 20, 2021
The US Security and Exchange Commission (SEC) is implementing a new rule that seeks to eliminate loopholes used by corporate executives to conduct insider trading. The rule, which takes effect April 1, focuses on "10b5-1 plans," which allowed corporate insiders to trade using non-public information via pre-arranged trading plans.
In 2000, the SEC enacted Rule 10b5-1 to clarify the prohibition on insider trading by corporate insiders. In subsequent years, insiders circumvented insider trader rules by creating “trading plans” they didn’t directly control.
This rule change is a good start, but corporate insiders have been abusing these loopholes since the rules were adopted more than 20 years ago. Thousands of insider trades have gone unpunished, and the SEC must act boldly to combat these illicit transactions. It will take more regulation to plug a two-decade gap.
The SEC has done a great job of making the necessary change to address insider trading. The rule change marks a significant change to the previous law, and it should cut down on the exploitation of loopholes used by unscrupulous corporate insiders.