Wouldn’t it be nice to have secret, non-public information and to make stock trades on that information? Profiting where no one else could possibly profit, except by chance? Unfortunately, such tactics are called “Insider Trading” and are illegal. You may remember some rather names like Raj Rajaratnam, Michael Milken, Dennis Levine, Martin Siegel, and Ivan Boesky. And then, of course, there are the celebrity insiders like Martha Stewart, who receive more coverage because of their name than the act itself, and yet draw attention to what it is.
Why is Insider Trading illegal? In its fundamental understanding, Insider Trading laws protect the common investor, who is forced to invest on public knowledge only. If we didn’t forbid people from investing on non-public knowledge, we would soon have private groups of extremely wealthy individuals running the market. There would be no opportunity or potential for smaller investors to gain headway, unless they, themselves, got some valuable insider information. In essence, the laws keep a level playing field, which helps keep the free market free from an unofficial rule by the most powerful players. The irony of things being free is that they require some measure of regulation in order to be that. And that regulation comes in the form of the Insider Trading laws. However, for the laws to be their most effective, they need to apply to everyone. If any particular group is allowed to engage in such activities while others are not, then the system is flawed.
You might see where all of this is going. In fact, there is a group of people who are free to trade on insider information legally. Who belongs to this mystical group of people with clandestine powers? Your elected representatives in the Congress.
Why is this important to you? For those of us with only normal means of trading, we’re effectively getting screwed by the people we put into office. By electing them, we’re giving them a free pass to play unrestricted ball in the market, making trades and investments, and, ultimately, profits that we could never hope to make.
Even worse, such information compromises the fundamental impartiality that we expect of our representatives. Granted, few people actually see our elected officials as unbiased, given all that big corporations have done to try and continuously win their favor. But, for the most part, the shady dealings seemed confined to illegal actions which could be prosecuted when found out. When politicians are able to gain inside information, either directly by the company, or while working over legislation that affects various companies, then their ability to impartially judge a piece of legislation in how it’s good (or bad) for the citizens as a whole becomes compromised.
Nothing good comes from this, except for the legislators themselves, but there’s no incentive for them to change things that help them, unless their constituents call them out on it. Whether you want free markets to actually cater to opportunity for the individual, or you just want to feel like your representatives are unbiased (or both) the only person who can effect change in this sort of system are the people who support it, either the people paying into it (not likely) or a massive outcry from the public that is supposed to be represented by it.



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