Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Chiyo-chichi

(3,927 posts)
24. See below. They argue that insider trading is just as illegal for members of Congress.
Mon Aug 13, 2012, 11:46 AM
Aug 2012

This same assertion has been repeated for years, every time someone observes that Congress members do much better in their personal stock trading than average investors do. Unlike average Joes, the pundits explain, Congress has exempted itself from insider-trading laws, so Congress-people are allowed to trade on private information that they gather in the course of their work while other Americans can't.
Continue Below

But at least one law professor argues that this is just not true. Insider trading is just as illegal for members of Congress as it is for the rest of the 300+ million Americans, Indiana Law Professor Donna Nagy argues.

Congress never "exempted" itself from insider trading laws, Nagy says — because Congress has never actually passed a law about insider trading.

http://articles.businessinsider.com/2011-11-15/news/30400492_1_insider-material-non-public-information-congress

The conventional wisdom says yes: Insider-trading laws don't apply to Congress. Indeed, years after it was proposed, the "Stop Trading on Congressional Knowledge" — or STOCK Act — is finally now gaining steam, in hopes of illegalizing such conduct.

Not to discourage that noble enterprise, but trading on congressional secrets is already decidedly illegal. The "misappropriation theory" of insider trading prohibits corporate outsiders from breaching duties of confidentiality to sources of non-public information in connection with securities transactions. To the extent it's constitutional, it's the theory that prevents, for instance, staffers of this publication from trading on information learned at work before it's made public. Those who exempt Congress from this rule typically argue that congressional insider trading violates no duty, or that congressional information is inherently "public" and therefore non-confidential. Neither is true.

http://www.usatoday.com/news/opinion/forum/story/2011-11-18/congress-insider-trading-illegal/51274988/1

Recommendations

0 members have recommended this reply (displayed in chronological order):

I wish I could give this 1000 recs. n/t pnwmom Aug 2012 #1
Ryan's trades were BEFORE the meeting. Fact_Checker Aug 2012 #46
How "before" were Ryan's trades, earlier on the same day, or the day before? Uncle Joe Aug 2012 #62
Doesn't matter. The sales occurred on the same day that he was talking with other Republicans pnwmom Aug 2012 #67
people prepare reports ahead of meetings - I suspect he knew ahead of time tomm2thumbs Aug 2012 #86
And that doesn't let him off the hook, because that meeting wasn't the key one. pnwmom Aug 2012 #65
I took back my rec hfojvt Aug 2012 #57
The time of that particular meeting doesn't let Paul Ryan off the hook, and here's why: pnwmom Aug 2012 #68
not buying it hfojvt Aug 2012 #77
"Everyone" else wasn't buying. All we know is that the market went up, based on pnwmom Aug 2012 #78
NPR mentioned this this morning as well Proud Liberal Dem Aug 2012 #2
The NPR perpetuates a LIE. Fact_Checker Aug 2012 #47
Welcome to DU Proud Liberal Dem Aug 2012 #53
The NPR just didn't go deeply enough into the story to realize pnwmom Aug 2012 #70
FactPimperfortheGOP Skittles Aug 2012 #82
Can you quickly post more info on this? tomm2thumbs Aug 2012 #87
WWARD??? JanMichael Aug 2012 #3
+1,000,000,000 x 1,000,000,000 - This needs to be front and center of coalition_unwilling Aug 2012 #4
He's an inside traitor. Fantastic Anarchist Aug 2012 #42
Zing! Good one! - n/t coalition_unwilling Aug 2012 #43
Thanks, I have my moments. :-) Fantastic Anarchist Aug 2012 #83
This is so important that I have indulged in two responses to your OP. Folks on coalition_unwilling Aug 2012 #5
I don't know if the law has changed, but at the time it was perfectly legal pnwmom Aug 2012 #7
And when they did the law to keep member of Congress from taking avebury Aug 2012 #21
See below. They argue that insider trading is just as illegal for members of Congress. Chiyo-chichi Aug 2012 #24
Right, the law has since changed, only recently, elleng Aug 2012 #27
Comment by a securities attorney in response to an coalition_unwilling Aug 2012 #34
Thanks! This is interesting. n/t pnwmom Aug 2012 #35
I think it is time for Holder to appoint an independent coalition_unwilling Aug 2012 #36
Yglesias ALREADY APOLOGIZED for posting a LIE Fact_Checker Aug 2012 #51
troll grantcart Aug 2012 #63
Well, Mr. 8-post person. I see you're on hot on the debunking trail. This coalition_unwilling Aug 2012 #69
The truth is that Paul Ryan was listening all day to Republicans pnwmom Aug 2012 #71
Ryan traded BEFORE the meeting. Fact_Checker Aug 2012 #48
So did Martha Stewart. She still went to jail. grantcart Aug 2012 #64
Understood, and I understand that Matthew Yglesias has coalition_unwilling Aug 2012 #66
Someone who was at the meeting and did NOT engage in insider trading needs to call him on this. n/t pnwmom Aug 2012 #6
If any of them didn't nt independentpiney Aug 2012 #9
The thought crossed my mind. n/t pnwmom Aug 2012 #11
all heaven05 Aug 2012 #29
Greedhead Insider (R) Berlum Aug 2012 #8
I posted in the other thread about this some probably transactions.... cbdo2007 Aug 2012 #10
Maybe he was trading all year based on heads-up he was getting. We don't know. nt pnwmom Aug 2012 #12
Well he should have had a better source then, as he lost money on practically every trade. cbdo2007 Aug 2012 #13
He didn't necessarily lose it over the short term, did he? He might have made trades that appeared pnwmom Aug 2012 #16
Don't you think it's too coincidental that he tossed stocks of SaveAmerica Aug 2012 #15
Well I would, except..... cbdo2007 Aug 2012 #17
Portraying his as a bad investor is even more damaging, IMO. DaveJ Aug 2012 #33
It is definitely damaging when he's talking about privatizing social security.... cbdo2007 Aug 2012 #38
Most definitely! nt snappyturtle Aug 2012 #54
Attempted insider trading? JDPriestly Aug 2012 #37
Ryan's trades were BEFORE the meeting Fact_Checker Aug 2012 #49
Seems to me reports for that meeting were generated that morning tomm2thumbs Aug 2012 #88
To be aired soon in a political commercial near you. MoonRiver Aug 2012 #14
kick... IthinkThereforeIAM Aug 2012 #18
Ryan did nothing illegal. R. Daneel Olivaw Aug 2012 #19
there's a catch in that bigtree Aug 2012 #20
Not entirely true, BlueStreak Aug 2012 #26
Ryan traded BEFORE the meeting. Fact_Checker Aug 2012 #50
Ever hear of after hours trading? Goes on five days a week. sad sally Aug 2012 #73
You think he didn't hear anything before the meeting? BlueStreak Aug 2012 #80
Who cares if it's not against the law... WCGreen Aug 2012 #23
Precisely klook Aug 2012 #28
Did I really need to use a sarcasm thingy? R. Daneel Olivaw Aug 2012 #94
Wow grantcart Aug 2012 #22
WOW - You fell for a LIE Fact_Checker Aug 2012 #52
Your kidding right grantcart Aug 2012 #55
I think you're probably right. This is all just too...too convenient. I wouldn't snappyturtle Aug 2012 #59
Too convenient? Just ask Martha Stewart. People go to jail for this type of coincidence all of the grantcart Aug 2012 #61
Earlier trades = MORE inside info. Later trades = LESS insider info. BlueStreak Aug 2012 #81
Were you this dumbshit or are you another dumbshit? grantcart Aug 2012 #58
Awww, Ryan gets all misty-eyed when he thinks about how much money he saved with insider info <nt> Ian_rd Aug 2012 #25
Kicked and Rec RedStateLiberal Aug 2012 #30
I certainly don't think this is right, but isn't Congress allowed to do this? AllyCat Aug 2012 #31
This story won't go away anytime soon -- this is a form of insider trading. Major Hogwash Aug 2012 #32
So shady. AzDar Aug 2012 #39
lost mittens is thinking, "well since I picked Recall, the heat is off of me!" Javaman Aug 2012 #40
Oh My God Willard, You've got horrible breath! 12AngryBorneoWildmen Aug 2012 #41
but that's how you get a sh*t-eating grin.... tomm2thumbs Aug 2012 #84
Love it. 12AngryBorneoWildmen Aug 2012 #93
THIS HAS TRACTION! A) Ryan trades on insider information, and B) CANTOR guts the insider trading TrollBuster9090 Aug 2012 #44
Post removed Post removed Aug 2012 #45
Kicked and recommended. Uncle Joe Aug 2012 #56
Debunked? cleduc Aug 2012 #60
He's not off the hook. That particular meeting hadn't occurred yet, but he'd been hearing pnwmom Aug 2012 #72
You can bet those in congress who'd profitted at the insider trader trough for 16 years - sad sally Aug 2012 #74
But isn't after hours trading posted with the next day's date? pnwmom Aug 2012 #75
I'm not trolling. I'm just trying to be objective and asking opinion if i'm out of line cleduc Aug 2012 #76
Preset Pattern? tavalon Aug 2012 #91
K&R Tarheel_Dem Aug 2012 #79
I thought this was debunked! vaberella Aug 2012 #85
Greed has a hold of people when it affects THEM tomm2thumbs Aug 2012 #89
And so it begins............... tavalon Aug 2012 #90
How does someone that young get to be so...self-centered? VPStoltz Aug 2012 #92
Latest Discussions»General Discussion»Paul Ryan Acted Immediate...»Reply #24