Does this really need saying:
If you're going to commit a crime, don't document it.
Some might wish they could go back to the onset of the pandemic and invest in online communication tools. The problem for three software developers facing charges of insider trading is that they worked for one of these companies. The US Securities and Exchange Commission (SEC) said on Monday that the three engineers were …
True, but maybe they might not of thought they were committing a crime.
This seems to be a crime because of the timing of their actions.
"It is alleged the developers, as employees, agreed to keep such information confidential and were subject to a "black out policy," which prohibited trading for insiders during specific windows of time in the financial reporting cycle."
If they had done it outside of the "financial reporting cycle" it may not be a crime. If they did not access the end of year Financial Report before it was released have they committed the crime of Insider trading?
One place I worked (UK but US listed company) we used to get told end of year Financial Report before it was released but we were not allowed to impart that information to anyone, or act on it ourselves before the report was released as it would be Insider trading.
If they were not privy and have not accessed the Financial Report before it was released have they committed insider trading?
I'm not an expert but I'm fairly sure that trading based on any insider knowledge that an outsider wouldn't have access to ( such as in this case the contents of the database ) is illegal.
Such as if you know there's a big scandal coming, shorting the company or dumping your stock would be illegal. I think.
As a kid I learned that when Banks started to use computing to track accounts and calculate interest, a software developer wrote code to calculate all the monthly interest payments. When the account interest payment was a third of a pound, he made the bank deposited 33 pence in the customers account and moved 0.3333 pence to his account ... he was caught when they discovered that he had become incredibly wealthy.