By R.C.H. Alexander
This paintings offers a comparative examine of the provisions in relation to insider dealing less than the EC Insider Dealing Directive. the amount starts off with a dialogue of the reason for regulating monetary prone often and controlling insider dealing and money-laundering specifically. It examines the definition of an insider and of within details and a few of the felony offenses when it comes to insider dealing. The function of money-laundering is usually well-known and the anti-money laundering regime in addition to the substantial effect at the monetary region is mentioned intimately. The paintings assesses the efficacy of felony legislation in controlling insider dealing and considers the expanding pattern to house it through civil/administrative measures.
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Extra info for Insider Dealing and Money Laundering in the Eu: Law and Regulation
M. (1997) Financial Services Regulation CCH Editions, p. 101. , “In Defence of Insider Trading”, (1966) 44 Harvard Business Review, No. 6, p. 114 41 P. 115 12 Insider Dealing and Money Laundering in the EU: Law and Regulation Commercial fraud and insider dealing destroy the investing public’s faith that the market presents a level playing field. 42 A major reason for the introduction of the Financial Services Act 1986 was that, alongside its privatisation programme, the Thatcher administration wished to encourage the widespread purchase of shares by the general public.
It is suggested, however, that only the last of these actually involves money laundering. e. the illegal export of funds in breach of exchange control laws, is a major issue and serious criminal offence in many developing countries, it is not money laundering unless the funds have an illegal source. , Linklater, L. (2002) Market Abuse and Insider Dealing, Butterworths, p. 127 (emphasis added). 95 Frustration of a court order may attract the criminal-style penalties imposed for contempt, but, provided that the origin of the funds is legitimate, hiding them per se is not money laundering.
P. 49. 61 (1803) 8 Ves. 337. 62  1 All ER 378. , p. 381 per Viscount Sankey. , p. 386 per Lord Russell of Killowen. 16 Insider Dealing and Money Laundering in the EU: Law and Regulation information entrusted to them by their employer or client in order to make a profit. In the Regal case, therefore, the House of Lords held that, since a director owed a fiduciary duty to his company, if he came into possession of confidential information through his position, it was unlawful for him to trade on it for his private profit.