RE: Martha Stewart and her Merrill Lynch Broker

From: gts (gts_2000@yahoo.com)
Date: Thu Jun 05 2003 - 15:53:54 MDT

  • Next message: gts: "RE: Martha Stewart and her Merrill Lynch Broker"

    Harvey Newstrom wrote:

    > Why insider trading is illegal for the trader:
    > There is nothing in the law that prevents people from using their own
    > brains to predict stocks and make lots of money.

    If you use your brain to acquire information before it is reported to the
    newspapers, and act on that information, then that action can be considered
    insider trading. In effect it is legal only for you to be an average
    investor with average knowledge. If you do your homework too well and don't
    share it with everyone else then you go to prison. Superior knowledge is a
    crime.

    Let us say that Martha Stewart is a genius who wrote some kind of amazing
    crystal ball AI software capable of predicting the future of the business
    world with perfect accuracy. One morning she fires up her AI software and
    sees that the ImClone drug is not going to be approved. Martha then sells
    her shares to protect herself.

    Her actions and their ramifications under this scenario above would have
    been no different from what they were under the actual real-world scenario.
    The world look exactly the same today if Martha had acted according to her
    AI software rather than on so-called inside information. The same number of
    people would have lost the same number of dollars in ImClone stock. But
    Martha would not now be facing criminal charges.

    If the world would look exactly the same under that hypothetical AI scenario
    compared to the real-life scenario, then where is the justification for the
    criminal charge? Why would we say there are "victims" to Martha's "crime" in
    one scenario but not in the other, when the end results of both scenarios
    are identical in every respect?

    -gts



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