Market manipulation and insider trading : regulatory challenges in the United States of America, the European Union and the United Kingdom / Ester Herlin-Karnell and Nicholas Ryder.

Format:

Book

Author/Creator:

Herlin-Karnell, Ester, author.

Ryder, Nicholas, author.

Language:

English

Subjects (All):

Banks and banking--Corrupt practices.

Banks and banking.

Financial crises.

Financial services industry--Corrupt practices.

Financial services industry.

Financial services industry--Law and legislation.

Global Financial Crisis, 2008-2009.

Insider trading in securities.

White collar crimes.

Physical Description:

1 online resource (163 pages)

Edition:

First edition.

Distribution:

London : Bloomsbury Publishing, 2019

Place of Publication:

Oxford : Hart Publishing, 2019.

Summary:

The European Union regime for fighting market manipulation and insider trading - commonly referred to as market abuse - was significantly reshuffled in the wake of the financial crisis of 2007/2008 and new legal instruments to fight market abuse were eventually adopted in 2014. In this monograph the authors identify the association between the financial crisis and market abuse, critically consider the legislative, policy and enforcement responses in the European Union, and contrast them with the approaches adopted by the United States of America and the United Kingdom respectively. The aftermath of the financial crisis, ongoing security concerns and increased legislation and policy responses to the fight against irregularities and market failures demonstrate that we need to understand, in context, the regulatory responses taken in this area. Specifically, the book investigates how the regulatory responses have changed over time since the start of the financial crisis. Market Manipulation and Insider Trading places the fight against market abuse in the broader framework of the fight against white collar crime and also considers some associated questions in order to better understand the contemporary market abuse regime. -- Provided by publisher.

Contents:

1. Introduction

I. Introduction

II. The Financial Crisis and the Fight against Financial Crimes: Some Hardcore Data

III. Market Manipulation: The Major Crime

IV. Structure of the Chapters

V. Conclusion

2. Market Manipulation and Insider Dealing in the EU Context

II. The EU's Fight against Financial Crimes and the Importance of 'Confidence' in the Market

III. The EU Legislative Framework to Fight Market Abuse

IV. Criminal Liability for Legal Persons ́€" A Brief Overview

3. Regulatory Strategies: On the Choice of Sanction

II. Quasi-criminal Law in the EU Context

III. The Eternal Debate: Criminal or Administrative Sanctions?

IV. Market Abuse Sanctions ́€" The EU Context and the Question of Proportionality

V. The United Kingdom

VI. The United States of America

VII. Conclusion

4. Market Abuse and the Wider EU Fight Against Financial Crimes

II. The Wider Area of Financial Crimes: Money Laundering and Fraud

III. The European Public Prosecutor's Office and EU Agencies

IV. Subsidiarity Questions and Accountability with Broader Relevance for the EU Market Abuse Regime

V. Fundamental Rights and Data Protection

VI. Conclusion

5. The United Kingdom

II. Insider Dealing

III. Market Abuse

IV. The 2007

08 Financial Crisis, Market Manipulation and the Enforcement Response

V. The Serious Fraud Office

VI. The Financial Conduct Authority

6. The United States of America

II. Insider Trading

III. Market Manipulation

V. The Securities and Exchange Commission

VI. The Department of Justice

VII. Commodities Futures Trading Commission

VIII. Conclusion

7. Conclusion

II. Final Remarks

Notes:

Includes bibliographical references (pages 129-138) and index.

ISBN:

9781509903108

1509903100

9781509903085

1509903089

OCLC:

1139965555