Washington Jury Instruction — 4.4.1 Rule 10(b— - 5(a) Device, Scheme Or Artifice To Defraud Insider Trading The Washington Jury Instruction 4.4.1, Rule 10(b) — 5(a) Device, Scheme, or Artifice to Defraud Insider Trading refers to a set of legal instructions that pertain to the act of insider trading, which involves using non-public information to gain an unfair advantage in securities trading. This instruction elaborates on various aspects of insider trading and outlines different types of devices, schemes, or artifices used to defraud others in the securities market. Insider trading is considered illegal as it undermines market integrity and fairness, giving certain individuals an unfair advantage over other investors. Washington Jury Instruction 4.4.1 aims to educate the jurors about the various forms of fraudulent activities associated with insider trading in order to facilitate fair judgments in relevant court cases. The Different Types of Device, Scheme, or Artifice to Defraud Insider Trading: 1. Misappropriation: This type of insider trading involves a person misappropriating confidential information from their employer or a trusted source of information and then using this information to trade stocks or securities. The misappropriated information is usually non-public, and the person gains an unfair advantage by using it to make profits while betraying the trust placed in them. 2. Tipping: This involves an insider providing non-public information to someone else (the "tipped") who then uses that information for trading purposes. The tipped can be a family member, friend, or even a business associate. Both the insider and the tipped can be held liable for insider trading if they engage in such activities. 3. Front Running: In this form of insider trading, a person with access to non-public information trades on their personal account or for a related entity before executing the same trade on behalf of clients or others. This allows them to benefit from the anticipated price movement after utilizing the non-public information to their advantage. 4. Trading on Material Non-Public Information: This type of insider trading involves individuals trading in securities or stocks based on confidential information that, if known to the public, would significantly impact the market price of those securities. By accessing and utilizing this non-public information, they gain an unfair advantage over other market participants. Overall, Washington Jury Instruction 4.4.1 Rule 10(b) — 5(a) Device, Scheme, or Artifice to Defraud Insider Trading provides a comprehensive understanding of the different types of fraudulent activities associated with insider trading. It ensures that jurors are well-informed and can make fair and just decisions when determining the guilt or innocence of individuals accused of insider trading in Washington state.
Washington Jury Instruction - 4.4.1 Rule 10(b) - 5(a) Device, Scheme Or Artifice To Defraud Insider Trading
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