essay代写-违反内幕交易法律的司法案例分析。在内幕交易方面，R v Curtis (No . 3)  NSWSC 866案对违反内幕交易法律的人进行了真正的司法审判。此案对企业、员工个人和所有其他利益相关者都有影响。之所以存在这种影响，是因为企业越来越意识到有必要对内幕交易进行内部财务控制。该公司还受到ASIC的监视，而不仅仅是涉及他们内幕交易的人。柯蒂斯的案件表明，ASIC将严肃处理共谋指控。此外，有一项结论是，法院今后将以处理刑事案件同样严肃的态度处理内幕交易问题。ASIC的主要目标是确保澳大利亚市场不存在内幕交易和其他刑事过失行为，而2016年这起案件的趋势确保了这一点的实现。
The public views on insider trading regulations as observed form people and companies alike show that there is a need for improvement. Studies from market practitioner’s guide show that there is a negative view of the insider trading laws. People either believe that it is not adequate or is not adequately enforced. The investment director of Capital, suggested that questionable trading practices are still being followed in the industry and that these questionable trading practices are becoming very common. ASIC surveys that were conducted in the last ten years showed that around only 30 percent of the polled population believed that dishonesty in the context of insider trading is being found and punished (Flitcroft & Mason, 2016).
Secondly, exception was claimed on the context that Mr. Curtis was not being clandestine in his efforts. References were brought in that showed the actions of Mr. Curtis as being open for interpretation with no effort from Mr. Curtis end to hide information. The Judge held that “In any event, I do not see how the fact that Mr. Curtis left a clear forensic trail which resulted in there being a strong case against him mitigates the seriousness of the offence. If the suggestion is that the alleged openness of his conduct reveals he must have believed he was not doing anything wrong, I reject it. In all the circumstances, in my view the objective seriousness of the offence is high” (R v Curtis (No 3)  NSWSC 866, 2016, para. 22-23). he Judge held that the damage resulting from offenses of Mr. Curtis, was damaging to the company, the clients of the company and the individual traders of the company as well. It put unnecessary pressure on the company and was seen to be damaging the integrity and confidence in the general market as well.
There was much material delay in the conviction of Curtis and the issues of delay and more were considered when pursuing high profile cases in parallel such as that of the one against Richard Kamay, Steven Xiao etc. The implication of this case on ASIC is that now ASIC is committed to pursuing cases with more zeal and having convictions arranged in a much faster context. ASIC has a market analysis and intelligence Unit that is seen to rely on intelligent data analysis for raising red flags in some cases. Suspicious activities will thus be flagged and the ASIC will pursue these activities. Much funding has gone into this. This is also projected to increase the success rate of ASIC convictions by around 85% now (Flitcroft & Mason, 2016).
An imposition is placed on businesses that they must be aware of and make individuals in their business aware that insider information trading was harsh and where they to breach the laws by involving themselves in sider trading then they could face a fine of up to $4,950,000. This is just a standard amount; the amount could be as high as thrice the financial benefit that was incurred by the individual (Flitcroft & Mason, 2016).
The penalties and the pecuniary are also just one part of the legal action that is intended to make the company face breach actions. The company in addition to these damages also faces reputational damages. These damages of reputation are much more expensive for the company to fix. A high-profile trial could in a very short time wipe out all the credibility and years of reputation that the company could have built. Where an employee involves himself in insider trading, it could so happen that the clients and other high profile investors of the company would not want to associate with said company. The company also comes under scrutiny for its placement of financial controls (Flitcroft & Mason, 2016).