The Little Book of Insider Dealing

Description

Since the Financial Crisis of 2008, criminal prosecution has moved to centre-stage as the Financial Conduct Authority’s preferred means of punishing and deterring insider dealing (the illegal practice of trading with access to sensitive non-public information). The Little Book of Insider Dealing looks at all aspects of the ‘insider’ offences established by the Criminal Justice Act 1993, including their history, punishment and rationale, as well as their (slightly uneasy) relationship with the overlapping civil regulatory regime that also governs such financial misconduct. Topics covered also include: detection, compliance, surveillance, suspicion, reporting obligations, enforcement and (civil and criminal) penalties and warnings, plus there is a strong focus on evidential aspects and a wealth of examples from real life cases. Suitable for beginners and practitioners alike. The first concise treatment and highly topical. Being promoted across relevant institutions. A gem for finance industry professionals, lawyers and students as well as ordinary investors (who like everyone else must avoid putting themselves at risk).

Reviews

‘Despite simplification in the CJA 1993 insider trading remains a very complicated offence. The meaning of relevant statutory terms is often elusive and there is little Supreme Court or Court of Appeal authority to explain them. This short book, or monograph as the authors modestly describe it, provides a clear analysis and explanation of the offence together with acute discussion of the key areas of debate relating to it. It is an excellent introduction to the subject which stimulates interest as well as providing valuable information and insight. The creation and development of the crime are concisely reviewed as are the policy considerations informing them. This sets the statutory provisions in context. The elements of the offences are clearly analysed and explained, as are the four defences provided by the Act. Controversial areas, such as the reverse burden provisions are discussed and potential areas of legal challenge identified. Whilst engagingly brief it lacks nothing in important detail and provides an invaluable aid to understanding and dealing with the provisions. It is much more than a primer and provides an indispensable first and frequent point of reference for anyone dealing with this complex area of criminal law’— John Ryder QC.

‘An extraordinarily good book … We cannot commend it highly enough for anyone involved in this industry.’– Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers.

Authors

Gregory Durston is a barrister-at-law who has taught in Law Schools in England and Japan. He was Reader in Law at Kingston University, Surrey and is the author of Whores and Highwaymen: Crime and Justice in the Eighteenth-Century Metropolis (Waterside Press, hardback 2012; paperback 2016) and Fields, Fens and Felonies: Crime and Justice in Eighteenth-Century East Anglia (Waterside Press, 2016).

Mohsin Zaidi is a barrister in practice at 6KBW College Hill specialising in corporate crime and investigations. Before transferring to the Bar, he was a solicitor at Linklaters LLP where he worked on a number of complex and high profile matters, including major investigations into FTSE 100 companies and financial institutions. In 2013, he was appointed judicial assistant to Lords Sumption and Wilson at the Supreme Court of the United Kingdom. He is a member of the Serious Fraud Office Prosecutions C Panel and also of the New York Bar. Mohsin read Law with European Law at Keble College, Oxford University and thereafter worked as a research assistant to an academic at Harvard Kennedy School of Government.