Reply to post: @ Random guy ... Re: No one will go to prison

FedEx execs: We had no idea cyberattack would be so bad. Investors: Is that why you sold $40m+ of your own shares?

Anonymous Coward
Anonymous Coward

@ Random guy ... Re: No one will go to prison

First the lawsuits are civil complaints. So there's really no option to send someone to prison.

If the SEC decides to go after them for violating Rule FD, the odds of prison time is also slim. In most cases its a disgorgement of profits and an agreement to not hold an officer role in a publicly traded company.

Where you do see SEC violations ending in jail time is when there is an active manipulation or you end up lying to investigators.

For some cases, its very hard to prove intent. For example, Did these guys hold a ton of shares and only sold off a percentage of their shares? Now they could say it was a coincidence because they needed to re-balance their portfolios. If there's a paper trail, things get easier but if you're smart, you can hide it.

Also there's no monitoring. Individuals acted on their own. Not a corporate governance issue.

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