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Market Manipulation and Insider Trading: Regulatory Challenges in the United States of America, the European Union and the United Kingdom

Market Manipulation and Insider Trading: Regulatory Challenges in the United States of America, the European Union and the United Kingdom

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509903078
  • 出版时间 September 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509951987
¥940.00
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  • 描述 
  • 大纲 
  • 详细

    One of the emerging trends in the debate surround the causes of the 2007/2008 financial crisis has been the identification of the contributory factors.

    A great deal of literature has concluded that there were many factors including, inter alia, weak banking regulation, weak regulation of the consumer credit markets, securitisation and the spectacular collapse of the United States sub-prime mortgage sector. However, there has been an increasing amount of recognition that white collar crime was a significant factor that influenced the most recent financial crisis.

    The early body of research on the link between white collar crime and the financial crisis identified mortgage fraud as being one of the most prominent causes. However, this monograph seeks to identify a new and emerging type of white collar crime, market manipulation.

    Specific reference will be made to the manipulation of London Interbank Offered Rate (LIBOR) and the foreign exchange market (FOREX). In this monograph the authors will identify the association between the financial crisis and market manipulation and then critically consider the legislative, policy and enforcement responses in the United States of America, the United Kingdom and the European Union.

  • 1. Introduction
    I. Introduction
    II. The Financial Crisis and the Fight against Financial Crimes: Some Hardcore Data
    III. Market Manipulation: The Major Crime
    IV. Structure of the Chapters
    V. Conclusion
    2. Market Manipulation and Insider Dealing in the EU Context
    I. Introduction
    II. The EU's Fight against Financial Crimes and the Importance of 'Confidence' in the Market
    III. The EU Legislative Framework to Fight Market Abuse
    IV. Criminal Liability for Legal Persons – A Brief Overview
    V. Conclusion
    3. Regulatory Strategies: On the Choice of Sanction
    I. Introduction
    II. Quasi-criminal Law in the EU Context
    III. The Eternal Debate: Criminal or Administrative Sanctions?
    IV. Market Abuse Sanctions – The EU Context and the Question of Proportionality
    V. The United Kingdom
    VI. The United States of America
    VII. Conclusion
    4. Market Abuse and the Wider EU Fight Against Financial Crimes
    I. Introduction
    II. The Wider Area of Financial Crimes: Money Laundering and Fraud
    III. The European Public Prosecutor's Office and EU Agencies
    IV. Subsidiarity Questions and Accountability with Broader Relevance for the EU Market Abuse Regime
    V. Fundamental Rights and Data Protection
    VI. Conclusion
    5. The United Kingdom
    I. Introduction
    II. Insider Dealing
    III. Market Abuse
    IV. The 2007/08 Financial Crisis, Market Manipulation and the Enforcement Response
    V. The Serious Fraud Office
    VI. The Financial Conduct Authority
    VII. Conclusion
    6. The United States of America
    I. Introduction
    II. Insider Trading
    III. Market Manipulation
    IV. The 2007/08 Financial Crisis, Market Manipulation and the Enforcement Response
    V. The Securities and Exchange Commission
    VI. The Department of Justice
    VII. Commodities Futures Trading Commission
    VIII. Conclusion
    7. Conclusion
    I. Introduction
    II. Final Remarks

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