Hard2 marksMultiple Choice
Corporate fraudulent and criminal behaviourSyllabus HCriminal BehaviourInsider Dealing

ACCA · Question 24 · Corporate fraudulent and criminal behaviour

Section A

An employee of a publicly listed mining company accidentally overhears a confidential board meeting discussing a massive, unannounced gold discovery. The employee immediately buys shares in the company before the news goes public. Under the Criminal Justice Act 1993, which of the following is a valid defense to a charge of insider dealing?

Answer options:

A.

The employee did not actively seek out the information but only overheard it accidentally.

B.

The employee can prove they would have bought the shares anyway, even without the information.

C.

The employee only bought a small number of shares, resulting in a minor profit.

D.

The employee is not a director or senior manager of the company.

How to approach this question

Identify the statutory defenses to insider dealing under the Criminal Justice Act 1993.

Full Answer

B.The employee can prove they would have bought the shares anyway, even without the information.✓ Correct
Under the Criminal Justice Act 1993, defenses to insider dealing include: 1) not expecting the dealing to result in a profit, 2) believing the information had been widely disclosed, or 3) proving that they would have dealt in the securities anyway, even without the inside information (e.g., a pre-arranged regular investment plan).

Common mistakes

Believing that 'accidental' acquisition of information means you can legally trade on it. Once you have it, you cannot trade.

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