On the effectiveness of the civil regime's penalty-setting framework against insider dealing in the UK
This paper carries out a first-of-its-kind evaluation of the effectiveness of insider dealing policy in the UK focusing on the civil regime's penalty-setting framework against individuals. Under the assumption that there is a risk of underestimating illegal benefits from insider dealing for the purposes of a penalty determination, and due to the ambiguous punitive nature of disgorgement, the paper puts forward a novel two-step algorithm for inferring a deterrent effect from a civil financial sanction. It is found that in around half of the included cases deterrence is undermined. Hence the implementation of the policy may have been ineffective.
Authors
- Rustam Mirrakhimov
Institutions
- Lancaster University (GB)
Publication Details
- Journal
- Journal of Economic Criminology
- Published
- 2024-09-13
- DOI
- https://doi.org/10.1016/j.jeconc.2024.100095
- Primary Topic
- Law, Economics, and Judicial Systems
- Type
- article
- Field-Weighted Citation Impact
- 0.00