MARKET ABUSE SOLICITORS & INSIDER DEALING DEFENCE LAWYERS
Our specialist Insider Trading Solicitors provide legal advice and support to anyone accused of insider trading. If you or someone you know has been accused, contact our team today.
Insider trading is a potentially serious offence which can result in severe penalties including lengthy prison sentences. Being investigated for insider trading can be a very stressful situation, and reputations of individuals and companies are put at risk, particularly if the case attracts wide scale media coverage.
The rules regulating insider trading are extremely complicated, so having expert legal advice as soon as possible is essential if you want to have the best chance to defend your name.
Our team of fraud solicitors at Draycott Browne have a wealth of experience defending high profile complex cases. We defend our clients with skill, vigour and meticulous attention to detail, and we could help you defend your case too. Call us today.
WHAT IS INSIDER TRADING?
Insider trading generally refers to a situation where someone has traded in stocks or other securities (e.g. bonds or stock options) of a public company whilst being privy to or disclosing inside information, not yet in the public domain, which could have a significant impact on the stocks or securities of that company if it was made public.
Due to the complexities of regulations around insider trading, genuine mistakes can be made, and you could find yourself being unexpectedly being investigated by the Financial Conduct Authority (FCA) and facing serious penalties.
As every situation is different if you are being, or are about to be, investigated for insider trading you should seek legal advice from expert market manipulation solicitors as soon as possible.
What is considered Inside Information?
Within the context of insider dealing and market manipulation, inside information can be represented by the knowledge of a variety of data, events, or facts.
It can be generally defined as any piece of information which is non-public, and can significantly affect the price of securities. This should only be known by a restricted group of people who have a close relationship with the company, such as executives and board members. The key definition of this type of information is its confidential nature, and how it would affect the decisions of investors should it become public.
Inside information can take various forms, including upcoming financial results, earnings forecasts, mergers and acquisitions, regulatory approvals or rejections, product launches, major contracts or partnerships, or significant changes in company leadership. Essentially, any information that could potentially impact the company's financial performance, reputation, or market position can be considered inside information.
If you are facing allegations of insider dealing, we can help you reach the best possible outcome. Having the expertise of our Market Manipulation Lawyers by your side can ensure you have the best defence if you have been accused of an offence of insider dealing.
How can you defend allegations of market abuse?
Defending allegations of market manipulation can be complex, as the regulations around these offences are quite specific - and the penalties severe.
Expert insider trading lawyers will meticulously analyse your circumstances and find a way to minimise the penalties you may be liable for. Some of the ways we may be able to build a strong defence include:
- Lack of intent: proving that the defendant has no intent to manipulate the market, or was unaware of any non-publicly available information, may reduce or avoid any penalties.
- Absence of materiality: if the information in question can be proven to be already publicly known, or not significant to the value of securities, the accusation may be considered not valid.
- Lack of insider status: the defendant may prove that they did not have insider status, such as executive, director, employee, or board member, and could therefore not access confidential information.
- Due diligence and public information defence: if the defendant can prove that they had operated in due diligence and made sound investment choices based on publicly available information, insider trading would not sussist.
- Expert testimony: a financial expert may provide alternative explanations for unusual investment patterns, disproving allegations of market abuse.
A Market Abuse Lawyer with the knowledge and experience required to build a defence can ensure all avenues are explored, and you reach the best possible outcome. The team at Draycott Browne has a proven track record of defending individuals and businesses from allegations of financial crimes and fraud. Contact us today.
HOW WE CAN HELP YOU
For over 20 years, Draycott Browne has been successfully guiding and representing clients in serious and high value cases. Our solicitors are skilled and experienced at handling sensitive and complex cases and we will vigorously challenge the evidence against you. We have a formidable reputation for defending serious high value cases with tenacity and precision, ensuring our clients receive the best defence possible.
We will liaise with the authorities for you and if you are asked for information, we will counsel you on what to say.
Throughout your case, we will be there to support you and provide you with professional advice and guidance, including:
- Representing you during questioning
- Ensuring your rights are protected and that you are treated fairly throughout the process
- Advising you on your plea
- Applying for bail – where necessary - and ensuring the impact of any conditions is minimised
- Ensuring you are fully prepared for your trial
- Providing expert representation in court
- Helping you protect your reputation
- Advising and assisting you on the appeals process, if necessary
We understand that being investigated for insider trading can be a particularly stressful and worrying time. Our dedicated and experienced legal team will work tirelessly to defend your case, whilst ensuring that you and your loved ones are treated with understanding, empathy and respect at all times.
What are the different types of market abuse?
The term “market abuse” can be used to define and process a variety of breaches and behaviours. Depending on the circumstances, these events can be treated as either a regulatory breach or a criminal offence.
We can outline seven main types of market abuse:
- Insider dealing is the act of an insider, such as an executive, leveraging their inside knowledge of a business or market to make a deal.
- Improper disclosure happens when an insider passes information to another individual or organisation to allow them to benefit financially from a deal.
- Misuse of information is any behaviour that would affect the decisions of investors based on non-publicly available information.
- Transaction manipulation is the intentional artificial inflation of supply and demand through the placement of orders to mislead investors.
- Manipulating devices or using fictitious devices to trade or place orders is considered market abuse.
- Dissemination is the act of misleading investors with deliberately false information.
- Distortion or misleading behaviour is any distortion of the market fabricated by deliberately misrepresenting supply or demand for an investment.
Being accused of market abuse can be extremely detrimental to your career, and many behaviours represent a grey area for traders and executives. It’s vital to seek expert legal advice as soon as possible to ensure you don’t suffer additional penalties that may not be necessary for your case. Contact our Insider Trading Solicitors today.
WHAT ARE THE PENALTIES FOR INSIDER TRADING?
The definitions and penalties associated with insider trading and market abuse are outlined within a number of pieces of legislation, such as:
- The Financial Services and Markets Act 2000
- The Market Abuse Directive
- The Criminal Justice Act 1993
If you or your business is found guilty of insider dealing or market abuse, custodial sentences can be as severe as 7 years’ imprisonment, and the Financial Services Authority (FCA) may impose an unlimited monetary fine.
In addition, the FCA published enforcement notices on their website, which include details of insider trading cases. These notices are available to the general public, which means anyone could visit the FCA site and see certain details about the FCA investigation into your case.
24 HOUR AVAILABILITY
It is not always possible to anticipate being arrested, which is why our legal advisors are available 24 hours a day, 7 days a week. At Draycott Browne we have a team of professionals ready to assist you whenever you need us. We will represent you throughout any investigations or criminal proceedings and make sure you and your case are treated fairly and appropriately.
Defending your name is worth every penny, but if you find that you need some assistance with the financial cost of your legal fees, we can help you to apply for legal aid. Our solicitors can guide you through the application process to help you get the maximum support possible.
If you are under investigation for insider trading, contact our specialist criminal defence lawyers for advice today. Our Fraud Lawyers have significant expertise in these cases and will be able to provide you with the best-possible advice and support.
We take great pride in our dedication and professionalism. We are relentless in the pursuit of achieving the best result possible for all of our clients and will continuously work hard on your behalf with an attention to detail and tenacity that is second to none.
We have over 25 years of experience in this area of law. Our track record in even the most complex and sophisticated of cases shows that you’ll have the best possible chance of a successful outcome to the challenge you are facing.
Draycott Browne is one of the UK's top criminal defence law firms. We regularly provide specialist criminal defence representation in cases involving insider trading to clients in Manchester, Liverpool, London, Birmingham and throughout the whole of England and Wales. When facing serious consequences, trust in Draycott Browne. You cannot afford to settle for anything less.
We are available 24 hours a day, 7 days a week, with solicitors committed to providing first-class representation for every client. If you or somebody you know has been arrested and needs expert legal representation, call Draycott Browne today.