How is insider trading prosecuted?

In Kansas, insider trading is typically prosecuted by the Kansas Attorney General. This office has a specialized white collar crime division that is responsible for handling all types of criminal securities violations, including insider trading. A person charged with insider trading may be subject to criminal sanctions, which can include jail time, significant fines, and other court-ordered penalties. When prosecuting insider trading cases, the Kansas Attorney General must prove that a person used non-public information to gain an advantage when trading. This requires the prosecutors to prove beyond a reasonable doubt that the defendant knew the information was confidential or otherwise not available to the public. Additionally, the defendant must have used the non-public information to influence the trade for personal gain. Insider trading cases can be difficult to prove because of the confidential nature of the information, however, prosecutors often rely on circumstantial evidence to show that the defendant had access to the non-public information. For example, a person may be accused of using privileged information if they had a close relationship with the source of the information or if there was a pattern of trades that suggest the person had access to confidential data. To protect investors in Kansas, the Attorney General takes insider trading cases seriously and will seek to bring charges against those who engage in this type of criminal activity.

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