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Insider trading occurs when a person with a fiduciary duty to a publically traded company uses knowledge about specific information to make decisions on buying or selling stocks in that company. If you've been charged with this offense, you could be facing prison time, high fines, and a ruined reputation.

At Martin G. Weinberg, Attorney at Law, we have over 4 decades of experience providing skilled defense to those accused of insider trading and has represented clients in federal courts. When you retain the services of our knowledgeable lawyer, we will leverage our skills and in-depth understanding of the legal processes to fight your charges. From the beginning of your case until its resolution, we will ensure that your rights have not been violated and are protected throughout the process. If any injustices have occurred, we will challenge them to weaken the prosecutor's case against you.

To discuss your case with our award-winning attorney, call us at (617) 227-3700 today!

Who Is an Insider?

Various people have numerous roles within businesses. Many of them either have a fiduciary duty to (meaning the best interests of that company are their priority) or some other type of "relationship of trust" with that company. These individuals may have access to confidential information about the corporation. They are considered insiders.

What Is Insider Trading?

Insider trading occurs when a person with material, non-public information uses their knowledge to purchase or sell stock in a particular company for their own gain. They can commit this offense when they directly use that information or they indirectly tip off someone else to influence their decisions about what to do with a particular stock. For instance, if the CEO of a publically traded company knows the quarterly earnings and tells their friend to sell their stock before the information is out, they could be charged with insider trading.

Information is considered material when it is related to the performance of a corporation and can affect buying or selling decisions. It's non-public when the public does not have legal access to it.

Although insider trading generally has negative connotations, not all forms of it are illegal. What separates legal from illegal insider trading is when it occurred. As mentioned above, it's unlawful for a person to make a trade based on material information that the public does not have. However, if a company's quarterly earnings have been released, and an insider makes a trade after that, their actions may not be a criminal offense as long as they go through the proper processes with the U.S. Securities Exchange and Commission.

Working Tirelessly on Your Behalf

In an insider trading case, the prosecution must prove that you had a fiduciary duty or relationship of trust with a company and used knowledge of material, non-public information with the intent to gain from buying or selling your shares. At Martin G. Weinberg, Attorney at Law, our Boston white collar crime lawyer will thoroughly analyze your case to spot weaknesses in the evidence against you. We will work hard toward a favorable outcome on your behalf.

Get started on your defense by calling us at (617) 227-3700 or contacting us online.


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Significant Cases

  • Charges Dismissed U.S. v. Moffett

    The case is U.S. v. Moffett, case number 22-1075, in the U.S. Court of Appeals for the First Circuit.

  • Successful Challenge US v Warshak

    631 F3d 266 CA 6 (2010): Successful challenge to the Department of Justice’s reliance on the Stored Communications Act to seize the content of emails in violation of the Fourth Amendment

  • Dismissed Charges US v Handa

    892 F.3d 95 (1st Cir. 2018): Dismissal of bank and wire fraud charges against business owner on Speedy Trial grounds due to delay between indictment and his arrest returning to the US from India.

  • Reversal of Convictions US v Tavares

    (1st Cir, Dec. 2016): 1st Circuit Court of Appeals reversal of RICO and mail fraud convictions in a public corruption case.

  • Reversal of Conviction US v Casellas-Toro

    (1st Cir, 2015): Appellate reversal of a federal false statement conviction due to a "Rare application of the presumption of prejudice resulting from pervasive publicity from prior case”

  • Reversal of Conviction US v Vazquez-Rivera

    665 F3d 351 CA 1 (2011): Reversal of child pornography conviction based on improper admission of opinion evidence from FBI agent which prejudiced defendant’s right to a fair trial.

  • Acquittal US v Bravo-Fernandez

    18-1358 (1st Cir, 2019): First Circuit Court of Appeals reversed a conviction of a business executive for bribing a Puerto Rico Senator holding that the Government failed to meet each essential element of proof under 18 USC 666, and ordering the entry of a judgment of acquittal.

  • Reversal of Conviction US v Bravo Fernandez

    (722 F3d 1, 1st Cir, 2013): Federal Court of Appeals reversed conviction of a leading businessman in Puerto Rico for federal programs bribery holding that gratuities cannot, legally, be the basis for such a conviction.

  • Acquittal US v DiMasi

    Acquittal of Richard Vitale on federal honest services charges in corruption case involving former Massachusetts Speaker of the House Salvatore DiMasi

  • Acquittal US v Pappathanasi

    Acquittal of defendant charged with conspiracy to evade taxes in violation of 18 U.S.C. § 371.