Law and Practice
By Sarah Clarke
ISBN: 978 0 19 967295 0
OXFORD UNIVERSITY PRESS
INDISPENSABLE FOR PRACTITIONERS: A THOROUGH, PRACTICAL & STRAIGHTFORWARD GUIDE TO INSIDER DEALING LEGISLATION
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Insider dealing -- and some of its more notorious perpetrators -- has become the stuff of legend, not to mention shock and awe. In writing this comprehensive guide to insider dealing legislation, author Sarah Clarke has created a legal text that is not only useful, practical and authoritative, but also a rather fascinating explication of illustrative case law, including some extremely high profile cases which, in their day, were world famous.
For example, does anyone remember the case of Ivan Boesky back in the eighties? As an insider dealer ('risk arbitrageur' as he preferred to be known) with an army of paid informants, he amassed millions by betting on inside information on corporate takeovers. He was eventually caught when one of his informants informed on him -- but not before enjoying a life of wealth, eminence and respectability.
Invited to speak at a Commencement (graduation) Ceremony at the University of California at Berkeley's School of Business -- of all places -- he extolled the virtues of greed. The character of Gordon ('greed is good') Gekko played by Michael Douglas in the film 'Wall Street' is based on Boesky's villainous and energetic exploits.
But enough said here, except to remark that insider dealing has emerged in recent decades as a difficult crime to convict, (either in its civil jurisdiction or as a criminal offence) as well as difficult for its victims to come to terms with.
Anyone involved in the financial services industry, particularly its legal advisers will therefore be grateful for the launch of this new book from the Oxford University Press, which, as explained in the preface, is aimed at 'practitioners, firms and individuals... coming into contact with insider dealing investigations and proceedings'.
'This book', adds the author 'aims to provide lawyers, compliance specialists as well as judges and tribunal panel members with 'a route map through the practice and procedure of an insider dealing investigation and persecution or civil action for market abuse'.
The author has certainly written and compiled this book from an especially advantageous background, namely six years as a technical specialist and In-House Counsel within the Financial Services Authority (FSA) now the Financial Conduct Authority (FCA). Also drawing upon advice and comment from other experts in this field, she presents the full spectrum of issues pertaining to insider dealing, from historical perspectives, and relevant legislation to defences, prosecution, penalties, sentencing, investigation, the enforcement process and much more.
Those doing further research into this subject will appreciate the extensive footnoting throughout this text, together with the extensive tables of cases legislation and useful index at the back. This, says Clarke is the text book she herself would have liked to have read seven years ago when no such text existed at the time -- and as instances of insider dealing seem to have become more frequent and more serious, this book should be considered a must-have purchase for the professional practitioner's library. The law is stated as at 1 July 2013.