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(a) Explain what each of the following elements of the crime of insider trading means:
(1) the purchase of a security
(2) on the basis of
(3) material
(4) nonpublic information about that security,
(5) in breach of a duty of trust.
(b) What is the “scienter” requirement, and why is it important?
(c) Explain the difference between a “tipper” and a “tippee,” and why each is liable under the law for
(d) Explain how the structure of the modern business corporation renders insider trading wrong.
(e) Why do you think insider trading such a temptation to people with “material nonpublic information”?
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