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Home/Markets & Investing/SEC ENFORCEMENT ACTION

Legalizing insider trading would compress the exploitation window for well-connected traders

TA

Talia Aldridge

SEC enforcement action · Apr 10, 2026

Legalizing insider trading would compress the exploitation window for well-connected traders

Source: DojiDoji Data Terminal

Well-connected traders, known as 'sharks,' can currently maintain a trading advantage for weeks or months because of the current prohibition on insider trading. Thomas Peterffy, founder of Interactive Brokers Group, argues that legalizing insider trading across all markets would reduce this advantage by compressing the exploitation window to a second or two.

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Thailand's Crypto Regulators Target Hidden Financiers to Close Ownership Gaps

Licensed crypto exchanges, brokers, and dealers in Thailand must now identify and disclose any financial backers who provide guarantees, structured financing, or layered investment support to their principal shareholders. The Securities and Exchange Commission is preparing rules that treat these backers as major shareholders, regardless of whether they appear on ownership records. This includes anyone providing financial support—directly or indirectly—to a controlling stakeholder, such as those financing equity purchases or backing holding companies. Parties with more than five percent voting rights or indirect operational control are now subject to regulatory accountability. To identify these parties, regulators will employ look-through tests to trace capital flows through guarantors, investment vehicles, and structured agreements. Conventional bank financing and regulated margin lending remain outside the scope of these rules. Companies have 180 days to update disclosures and seek approval for newly identified major shareholders. Firms relying on hidden financiers must now restructure or face noncompliance.

Peterffy's position is based on the premise that insider information eventually filters out through secretaries, lawyers, and families, making enforcement of the law difficult and cumbersome. He contends that the current prohibition does not prevent exploitation, but instead extends the window of time for well-connected players to position themselves before the rest of the market catches up.

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SEC Enforcement Director appointment signals stabilization of Trump-era regulatory shift

The SEC's enforcement activity has dropped off, with the agency bringing more than 20% fewer actions in fiscal 2025 than in the prior year. This decline in activity is the result of a change in the SEC's posture on enforcement under President Donald Trump's second administration. Under Trump, the SEC has dismissed numerous high-profile cases against Coinbase and Binance and moved away from large corporate cases with steep penalties. David Woodcock, a partner at Gibson, Dunn & Crutcher, will lead the SEC's more than 1,000-person enforcement division beginning May 4. Woodcock previously led the SEC's Fort Worth office from 2011 to 2011 to 2015. He replaces Margaret Ryan, who resigned after clashing with agency leaders over the direction of the enforcement program.

As a society, we are better off knowing as soon as possible anything that is knowable. Legalizing insider trading would allow information to be known as soon as possible, and the current system prosecutes a handful of insider traders while information asymmetry remains pervasive.

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market integrity

A surge in oil futures trading minutes before a major geopolitical announcement reveals a gap in how insider trading rules apply to new prediction markets

Six million barrels of Brent and West Texas Intermediate crude oil futures changed hands in a two-minute window just before President Donald Trump announced a five-day pause in strikes on Iran. That volume dwarfed the 700,000-barrel average seen in the same period over the previous five days. The surge occurred between 6:49 a.m. and 6:51 a.m. New York time—more than 14 minutes before Trump’s public statement at 7:05 a.m. A $500 million position was established on those contracts just before the announcement. The timing aligns with past instances where trades preceded major policy shifts. Federal law prohibits government employees from using non-public information for financial gain, a rule reinforced by the STOCK Act of 2012. The White House has no evidence of staff profiting from insider trading but sent an internal email reminding employees of their ethical obligations. Meanwhile, platforms like Polymarket and Kalshi operate in a regulatory gray area. The Commodity Futures Trading Commission claims jurisdiction over event-based contracts, but enforcement against insider trading in these markets remains undefined. Even without confirmed misconduct, repeated patterns of well-timed trades erode market integrity. When privileged information appears to drive profits, public trust in both financial markets and government institutions weakens. The rise of unregulated prediction markets amplifies the risk, exposing a gap between existing ethics rules and the mechanisms needed to enforce them.

SEC enforcement action

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