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"Taffet knew or was reckless in not knowing that Manzo's information was material, nonpublic and provided in violation of duties of trust and confidence," said the original commission complaint.
His lawyers argue that the law distinguishes between people who owe duties of trust to a company, like its executives and outside lawyers, and regular shareholders, like Mr. Cuban, who are free to buy and sell stock based on information from the company unless they explicitly promise the company not to trade its stock.
In violation of his duties of trust and confidence, Poteroba allegedly disclosed the UBS Inside Information to Koval, who in turn disclosed the UBS Inside Information to another co-conspirator("CC-1").
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But serious newspapers, in whatever form, have a duty of trust: a duty not to be leaned on by pushy politicians, chummy bankers – or advertisers.
As a type of fraud, insider trading requires showing the defendant violated a duty of trust and confidence by taking confidential information and using it for personal gain.
To prove insider trading, the government must show that passing the information involved a breach of a duty of "trust and confidence" to maintain its confidentiality.
An insider trading violation requires proving the defendant breached a duty of "trust and confidence" by misusing the information for personal gain or tipping others.
One issue in proving insider trading is demonstrating that the defendant breached a fiduciary duty of trust and confidence by misusing the material, nonpublic information.
To prove insider trading, the S.E.C. must show that a defendant breached a "duty of trust and confidence" when trading on confidential information.
To prove insider trading, the government must show someone breached a duty of trust and confidence by trading on material nonpublic information.
The defendants also argue that there was no duty of trust and confidence to Dallas, although this argument takes up a shorter amount of the brief.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com