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“Enforcement Action” is written by Bruce Carton, a former senior counsel in the SEC's Division of Enforcement. A “blawg pioneer” (according to The Wall Street Journal), Carton was the creator of Securities Litigation Watch, a blog that he wrote for more than three years while he was vice president of ISS' Securities Class Action Services. He is now editor of Securities Docket, an online publication that tracks securities litigation and enforcement developments on a global basis. Carton welcomes questions, comments and statements from readers on enforcement and litigation issues; he can be reached via email at BCarton@complianceweek.com.

 

January 29, 2010

CFTC: Billy Ray and Winthrop Were Not Insider Traders

Earlier this week, Commodity Futures Trading Commission Chairman Gary Gensler clarified that no matter what you might have assumed back in 1983, Billy Ray Valentine (Eddie Murphy) and Louis Winthorpe III (Dan Aykroyd) did not commit insider trading when they made millions trading on orange juice futures in the movie Trading Places. As you may recall, Billy Ray and Winthrop intercepted a confidential Department of Agriculture “crop report” on orange crop forecasts, and used it to successfully sell short and corner the orange juice futures market before the report was publicly announced (and to simultaneously ruin the Duke brothers, who lost $394 million based on a false copy of the report).

In a speech on Wednesday, Gensler reiterated the CFTC’s position that the insider trading laws in the securities world should be expanded to the futures world, making it illegal to trade on non-public information from agencies like the U.S. Treasury, Federal Reserve and Department of Agriculture. Gensler cited “Trading Places” to explain why such an expansion of the law should occur, saying the CFTC wants to implement an “Eddie Murphy” rule.  In real life, he said, Billy Ray and Winthrop’s trading based on “misappropriated government information is actually not illegal under our statute.”

Posted by: bcarton @ 4:28 pm

Filed under: Enforcement, Uncategorized

1 Comment »

  1. I don’t remember the details of the plot, but if they deceptively acquired the material nonpublic information on which they traded, they would be liable under the misappropriation theory, according to the SEC and the Second Circuit (see SEC v. Dorozhko), despite not owing a fiduciary duty to the source of the information.

    Comment by VP — February 8, 2010 @ 9:58 pm

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