INSIDER TRADING: BOARD OF DIRECTORS AND ACCOUNTING

Abstract

With this paper, we intend to approach the crime of insider trading, or crime of initiated, and to determine its structure and origin. We will not only stop with the insider, but we will also cover the figure of the outsider.  Besides we will show its legal aspects as well as the theory and the practice in the operation of the board of directors. On this point we highlight the need to have independent, professional and a dedicated Boards We are also interested in covering those factors that cause the genesis and development of this illegal conduct. Besides we will dedicate space to Accounting. We consider that Accounting can report and even prevent  practices of insider trading. Accounting should be understood as information for the public, information to decide, information to control, plus information that cannot be restricted to preparing a standard statement that does not comply with their informative mission. As such, we study Enron’s way to operate, gathering all the variety of corporate actions and possible accounting manipulations in a business. Finally we will cover the relation of insider trading with financial markets.  We will discuss aspects as ethics and breaking the limits of the law.