Running head: SECURITY 1
Violation of Security Laws
Kathleen Brown
Business Law Commercial Law for Accountants
Instructor: Richard Barrett
March 28, 2016
This study source was downloaded by 100000831988016 from Cou
...
Running head: SECURITY 1
Violation of Security Laws
Kathleen Brown
Business Law Commercial Law for Accountants
Instructor: Richard Barrett
March 28, 2016
This study source was downloaded by 100000831988016 from CourseHero.com on 04-29-2022 13:38:14 GMT -05:00
https://www.coursehero.com/file/14512972/Violation-of-Security-Laws/
SECURITY 2
Violation of Security Laws
Karel Svoboda is a credit officer for Rogue Banks, evaluating and approving clients’
extensions on lines of credits through his employer. These responsibilities gave Svoboda access
to nonpublic information about these clients’ earnings, performance, acquisitions, and business
plans from confidential memo’s, emails, and other sources. Svoboda devised a scheme with
Alena Robles, an independent accountant, to use the information of those clients to trade
securities. In accordance to their scheme, Robles traded in securities in more than twenty
different countries and profiting two million dollars. Svoboda, also executed trades of more than
eight hundred thousand dollars despite the agreement that Robles would make all trading
transactions. Aware that this scheme violated the Rogue Bank policy, Svoboda and Robles
attempted to conduct their trades to avoid suspicion. When Rogue Bank asked Svoboda about the
transactions, he lied and refused to cooperate, therefore resulting in his termination from his
employer.
Insider trading, although commonly used in the illegal context, can also be legal. This
happens when a corporation sells or trades its own securities with their own companies.
Unfortunately, within the above scenario, the insider trading in action would be the illegal kind.
Under the circumstances, Karel Svoboda and Alena Robles are in violation of the Securities Act
of 1934. According to the Securities Exchange Commission, Karel Svoboda, is in violation of
Securities Exchange Act of 1934 Rule 10b5 which “prohibits the commission of fraud in
connection with the purchase or sale of any security...insider trading, which occurs when persons
buy or sell securities on the basis of information that is not available to the public.” [Rog14].
Alena Robles is also in violation of Rule 10b5 under the misappropriation theory: “This theory
This study source was downloaded by 100000831988016 from CourseHero.com on 04-29-2022 13:38:14 GMT -05:00
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SECURITY 3
holds liable an individual who wrongfully obtains inside information and trades on it for his or
her personal gain.” [Rog14]
In order to completely understand this case, the meaning behind why nonpublic
information is important must be clearly explained. Section 5 of the Securities Act of 1933 states
that a security must be registered before it
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