A major dispute over how severely to punish a corporate “insider” who makes gains from trading in the company’s stock with information other investors don’t have seemed a likely bet for Supreme Court review. But that won’t happen now: the Justice Department has decided not to test the question further, after losing on it recently in the Tenth Circuit Court.
In a direct conflict with the Eighth Circuit Court, the Tenth Circuit on July 31 adopted a new theory on stock market activity that can have the effect of sharply reducing the amount of money an executive made on “insider” transactions, leading to a required lowering of the criminal sentence for conviction of that crime. […]