Salman v. United States

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Salman v. United States
Seal of the United States Supreme Court.svg
Argued October 5, 2016
Decided December 6, 2016
Full case nameBassam Yacoub Salman, Petitioner v. United States
Docket no. 15–628
Citations580 U.S. ___ ( more )
137 S. Ct. 420; 196 L. Ed. 2d 351
Opinion announcement Opinion announcement
Case history
PriorConviction affirmed, 792 F.3d 1087 (9th Cir. 2015)
Holding
Under Dirks, the jury could infer that the tipper here personally benefited from making a gift of confidential information to a trading relative.
Court membership
Chief Justice
John Roberts
Associate Justices
Anthony Kennedy  · Clarence Thomas
Ruth Bader Ginsburg  · Stephen Breyer
Samuel Alito  · Sonia Sotomayor
Elena Kagan
Case opinion
MajorityAlito, joined by unanimous
Laws applied
Securities Exchange Act of 1934

Salman v. United States, 580 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that gifts of confidential information without any compensation to relatives for the purposes of insider trading are a violation of securities laws. [1] The Court relied on its decision in Dirks v. Securities and Exchange Commission, 463 U.S. 646(1983), which held that "that a tippee is exposed to liability for trading on inside information only if the tippee participates in a breach of the tipper's fiduciary duty." [2]

Contents

Background

A jury convicted Bassam Yacoub Salman of securities fraud and U.S. District Judge Edward M. Chen then denied Salman's motion for a new trial. On July 6, 2015, the United States Court of Appeals for the Ninth Circuit affirmed the conviction, in which Judge Jed S. Rakoff was joined by Judges Morgan Christen and Paul J. Watford. [3]

On October 5, 2016, oral arguments were heard, where Deputy Solicitor General Michael Dreeben appeared for the government. [4]

Opinion of the Court

On December 6, 2016, the Supreme Court delivered judgment in favor of the government, voting unanimously to affirm the lower court. Justice Samuel Alito authored the opinion of the Court. [2] [5]

Related Research Articles

Insider trading is the trading of a public company's stock or other securities based on material, nonpublic information about the company. In various countries, some kinds of trading based on insider information is illegal. This is because it is seen as unfair to other investors who do not have access to the information, as the investor with insider information could potentially make larger profits than a typical investor could make. The rules governing insider trading are complex and vary significantly from country to country. The extent of enforcement also varies from one country to another. The definition of insider in one jurisdiction can be broad, and may cover not only insiders themselves but also any persons related to them, such as brokers, associates, and even family members. A person who becomes aware of non-public information and trades on that basis may be guilty of a crime.

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United States v. O'Hagan, 521 U.S. 642 (1997), was a United States Supreme Court case concerning insider trading and breach of U.S. Securities and Exchange Commission Rule 10(b) and 10(b)-5. In an opinion written by Justice Ruth Bader Ginsburg, the Court held that an individual may be found liable for violating Rule 10(b)-5 by misappropriating confidential information. The Court also held that the Securities and Exchange Commission did not exceed its rulemaking authority when it adopted Rule 14e-3(a), "which proscribes trading on undisclosed information in the tender offer setting, even in the absence of a duty to disclose".

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References

  1. Adam Liptak (2016-12-06). "Supreme Court Sides With Prosecutors in Insider Trading Case". The New York Times. Retrieved 2016-12-07.
  2. 1 2 Salman v. United States, No. 15–628, 580 U.S. ____ (2016).
  3. United States v. Salman, 792 F.3d 1087 (9th Cir. 2015).
  4. "Salman v. United States". Oyez Project . Retrieved 7 December 2017.
  5. The Supreme Court, 2016 Term — Leading Cases, 131 Harv. L. Rev. 383 (2017).

Further reading