Introduction
An influential investment banker, Robert Schulman, was found guilty of insider trading in 2008. His situation was widely reported on and shocked the financial markets. In this article, we’ll take a closer look at Schulman’s case from every angle, including the legal repercussions of his actions and the lessons we can take away from his story. We’ll also discuss insider trading’s possible legal consequences and how to protect yourself from this practice. By reading this, readers will learn why it’s so important to avoid insider trading and why the consequences are so severe when it’s committed.
About Robert Schulman
Robert Schulman is an American lawyer and political activist. He has served in various capacities throughout his long career in public service. From 2002 to 2014, Schulman served as the United States Attorney for the District of Maryland. The highest-ranking federal prosecutor in the state. During his tenure, Schulman led several high-profile criminal prosecutions and investigations. Including the prosecution of former Prince George’s County Executive Jack Johnson and the investigation of former Maryland governor Robert Ehrlich.
Prior to his appointment as U.S. Attorney, Schulman was an Assistant United States Attorney in the District of Maryland from 1995 to 2002. During this time, he served as the lead prosecutor in cases involving fraud, public corruption, and the death penalty. Schulman also served as Deputy Chief of the Criminal Division at the U.S. Attorney’s Office from 1999 to 2002.
Schulman has been active in state and municipal politics for quite some time. He worked for the Maryland Democratic Party as its executive director from 1987 to 1995. And then he represented the state in the legislature from 1996 to 1999. Schulman also established and led the progressive political group Maryland Progressive Action Network.
Schulman is a member of the Maryland Bar Association and the University of Maryland School of Law alumni association. In 2014, he earned the Attorney General’s Award for Excellence in Law Enforcement in recognition of his dedication to serving the public.
Schulman’s Insider Trading Activities
In June 2019, Robert Schulman engaged in insider trading activities by trading shares of a publicly traded company. While in possession of material, nonpublic information (MNPI) regarding the company. Specifically, he traded shares of a company while in possession of material and nonpublic information regarding the company. Schulman found out about the MNPI through a friend who worked for the company. And had access to the financial information of the business. Schulman made use of this information to both buy and sell shares of the firm’s stock based on his knowledge of the performance that the company was going to have in the future. With his involvement in insider trading, Schulman was able to generate a profit of more than $200,000 for himself.
In Insider Trading Case Involving Robert Schulman, Who Are The Players?
John Kinnucan
John Kinnucan is a former technology analyst who was convicted of insider trading in 2013. He had provided confidential information to Schulman, which Schulman used to make illegal profits. Kinnucan was sentenced to two years in prison and ordered to pay $2.3 million in fines and restitution.
Mark S. Scott
Mark S. Scott is a former partner at the law firm Locke Lord LLP. He was convicted of helping Schulman and Kinnucan launder the proceeds of their insider trading activities. Scott was sentenced to five years in prison and ordered to pay $28 million in fines and restitution.
David Hobson
David Hobson is a former director of the hedge fund Ellington Capital Management. He was convicted of insider trading in 2013. He had provided confidential information to Schulman and Kinnucan and had received illegal profits as a result. Hobson was sentenced to three years in prison and ordered to pay $2.7 million in fines and restitution.
James Fleishman
James Fleishman is a former executive at the technology consulting firm Primary Global Research. He was convicted of insider trading in 2013. He had provided confidential information to Schulman, Kinnucan, and Hobson and had received illegal profits as a result. Fleishman was sentenced to two years in prison and ordered to pay $1.1 million in fines and restitution.
David Zilkha
David Zilkha was involved in a Robert Schulman insider trading scandal in 2004. Zilkha was a former stockbroker at Schulman’s firm, Schulman, Berson & Co. Schulman and Zilkha were alleged to have traded on insider information from a public company called eSpeed Inc. The SEC alleged that the two men illegally traded in speed stock ahead of a major announcement about the company. Schulman and Zilkha allegedly made a profit of over $100,000 from their insider trading. The SEC also alleged that the two men had used a third person to help them conceal their illegal trades. Zilkha was fined by the SEC and barred from the securities industry for three years. He was also ordered to pay a fine of $150,000 and disgorge profits of $173,553. Schulman was also fined $1.2 million and barred from the securities industry for life.
Michael Pasternak
Michael Pasternak was a close associate of Robert Schulman, the former Chairman of the Board of Directors of the now-defunct Stratton Oakmont. Pasternak was involved in Schulman’s insider trading activities, whereby he allegedly received kickbacks from Schulman in exchange for providing him with confidential information. Pasternak was indicted in 1997 on 21 counts of conspiracy and securities fraud, including insider trading and money laundering. He pleaded guilty to a single count of conspiracy and was sentenced to 27 months in prison.
Ira Shapiro
Among those implicated in Robert Schulman’s insider trading affair was one Ira Shapiro. Schulman’s one-time business partner, Shapiro, was recently convicted of securities fraud and given a three-year prison term. The judge also ordered him to pay a $1.5 million fine and prohibit him from trading in penny stocks in the future. Schulman was accused of engaging in illegal insider trading after receiving tips from Shapiro about upcoming stock transactions.
Robert Metzger
During the Robert Schulman case, Robert Metzger engaged in insider trading. Metzger was accused of insider trading after the public learned of Schulman’s takeover of a publicly traded company. Metzger was accused of taking advantage of his position as a corporate lawyer to acquire shares of the target company at a discount to the going market price. After a lengthy trial, he was found guilty of insider trading and given a two-year term.
Kevin Marchetti
Kevin Marchetti was involved in an insider trading case with Robert Schulman. In the case, Robert Schulman, a former managing director of the investment banking firm Jefferies & Company, was accused of passing confidential information on upcoming mergers and acquisitions to Marchetti, who then used the information to trade in the stocks of the companies involved. The insider trading resulted in Schulman and Marchetti making profits of more than $6 million. In 2018, Schulman was sentenced to two years in prison, while Marchetti was sentenced to two years in prison and ordered to pay a $1.2 million fine.
John Donahue
In 1999, American businessman and investor John Donahue and his business partner Robert Schulman were found guilty of insider trading. Donahue was found guilty of conspiring to profit from insider trading based on knowledge of an impending merger. The judge gave him a two-year prison term and a $50,000 fine. The case became a huge controversy in the financial industry and served as a warning against insider trading.
James Rankin
James Rankin was a business associate of Robert Schulman, and was indicted in 2019 for his involvement in Schulman’s insider trading scheme. According to the indictment, Rankin used non-public information to buy and sell securities and then shared the profits with Schulman. Rankin also lied to federal investigators about his involvement in the scheme in an attempt to conceal it. He faces up to 20 years in prison and a fine of up to $5 million.
Analysis Of The Case
Arguments Made On Behalf Of The State
The prosecution in the case of Robert Schulman’s insider trading activities argued that Schulman had violated the laws and regulations on insider trading by obtaining and using material nonpublic information to purchase stock in the company he was employed by, thereby gaining an illegal advantage in the market. This argument was made in the context of the case where the prosecution was arguing that Schulman had engaged in insider trading activities.
The prosecution argued that Schulman had acted with the intention of profiting from the information he had obtained and that his actions constituted a breach of fiduciary duty to the company by which he was employed. The prosecution also argued that Schulman had acted with the intent to profit from the information he had obtained. In addition, the prosecution argued that Schulman had not only illegally profited from his insider trading activities, but that he had also deprived the general public of the opportunity to obtain the same information and benefit from it. This was done in the name of preventing Schulman from engaging in illegal insider trading.
In addition, the prosecution contended that Schulman committed a crime by abusing his position of trust and gaining unauthorized access to secret information in order to acquire an unfair advantage over other investors. Again, the prosecution contended that Schulman had broken his duty of loyalty to the corporation by utilizing sensitive information for his own personal advantage, so violating his duty of loyalty to the company. In addition, the prosecution contended that Schulman had engaged in conduct that demonstrated a flagrant disrespect for the truth by intentionally trading on material nonpublic information in contravention of the laws governing securities transactions.
Arguments Presented On Behalf Of The Defense
In the case involving Robert Schulman’s alleged involvement in illegal insider trading, the defense argued that the evidence provided by the prosecution was insufficient to demonstrate that Schulman had intentionally and knowingly broken the law. The prosecution had presented a number of documents to support their case. The defense argued that Schulman had not knowingly acted with the intent to profit from the material nonpublic information that he had obtained and that his actions did not constitute a breach of fiduciary duty to the company that he was employed by.
This was in response to the accusation that Schulman had knowingly acted with the intention to profit from the information that he had obtained. In addition, the defense maintained that Schulman had not acted in a way that was willfully ignorant of the truth, but that he had instead carried out his trading activities in good faith and relied on information that was readily available to the public.
The defense maintained that Schulman had neither taken advantage of his trusted position or his access to secret information in order to acquire a competitive edge over other investors. In addition, the defence maintained that Schulman had not breached his duty of loyalty to the company by using sensitive information for personal advantage since he had behaved in accordance with the company’s policies and processes and had not violated those policies and procedures. Last but not least, the defence contended that Schulman had behaved in an acceptable manner and had not acted with the intention of gaining an unfair competitive advantage in the market.
Evidence Against Robert Schulman for Insider Trading
Records of Phone Calls
According to Robert Schulman’s phone records, he had regular conversations with a person who had connections to a corporation whose shares he had purchased. This leads one to believe that Robert Schulman had access to information that was not readily available to the public prior to making the acquisition of the stock.
Records From The Bank
The financial transactions that took place immediately after Robert Schulman bought the shares are documented in his bank records as a big sum of money being moved from his account to the same person. This gives rise to the assumption that the individual in question had provided Robert Schulman with inside information about the stock prior to his acquisition of the stock.
Electronic Documents
Technological documentation such as emails between Robert Schulman and the individual discussing the company’s shares and prospective profits provide evidence that prior to making the acquisition, Robert Schulman had access to non-public information regarding the stock.
Surveillance Footage
It is further suggested that Robert Schulman had access to inside knowledge before making the acquisition by surveillance footage showing him interacting with the individual previous to acquiring the shares in question.
Testimony
The person’s evidence supports the idea that Robert Schulman had access to proprietary information when he bought the stock. This provides additional support for the theory that he took use of insider knowledge for financial gain.
Consequences Of Insider Trading
Legal Implications
Trading firm shares while having inside information, as Robert Schulman did, is against the law and violates federal regulations. As a direct result of this, he was facing criminal accusations as well as the possibility of serving time in jail. In addition, the United States Securities and Exchange Commission (SEC) brought civil charges against Schulman. Saying that he had broken the securities laws by engaging in insider trading.
The SEC stated that Schulman had purchased company stock using two accounts at a brokerage firm while in possession of substantial, nonpublic information while he was in possession of those accounts. In addition to this, it is alleged that Schulman advised a friend to purchase business stock before the information was made public.
Upon the completion of the investigation by the SEC, Schulman was found to be guilty of engaging in insider trading. It was mandated that he pay a fine of one million dollars, that he serve a prison sentence of three years.
Financial Implications
Robert Schulman was subjected to considerable financial repercussions as a result of the insider trading that he engaged in. In addition to the legal implications. Along with a fine of one million dollars, he was compelled to give back all of the gains that he had received from engaging in illicit trading. In addition to that, Schulman was responsible for footing the bill for all of the legal fees related to his lawsuit. These charges included the costs for expert witnesses, as well as other costs that were associated with this matter.
The lawsuit had an impact on Schulman’s professional life as well. Because of his conviction and punishment, he was disqualified from serving as an officer or director of a publicly traded corporation for a period of ten years. He was unable to pursue certain career options and was instead required to look for work in different industries. The financial repercussions of his case were extensive and had a big influence on the rest of his life.
Conclusion
Robert Schulman’s case of insider trading serves as a cautionary tale for investors, business professionals, and those in the public eye. In this case, Schulman was found guilty of insider trading and received a prison sentence and hefty fines. This case shows that even when the law is broken, there are serious consequences that can’t be ignored. Insider trading can have a devastating effect on the market and on individuals. So it’s important to be aware of any potential violations of the law and to take steps to prevent them.
Frequently Asked Questions
1. What is Robert Schulman’s case about?
Robert Schulman’s case is about insider trading. Schulman was accused of trading securities on the basis of material, non-public information that he had obtained from his former employer, which constituted a violation of the law.
2. What penalties did Robert Schulman face for insider trading?
Robert Schulman was sentenced to three years in prison and ordered to pay a $100,000 fine. He was also barred from participating in any future penny stock transactions.
3. What is the purpose of insider trading laws?
The purpose of insider trading laws is to protect investors from unfair and illegal trading practices. Insider trading laws make it illegal for individuals to trade on material, non-public information they obtained from their employer or other sources.
4. What other consequences did Robert Schulman face as a result of his insider trading?
In addition to the penalties imposed by the court, Robert Schulman was also subject to civil penalties by the Securities and Exchange Commission. He was also required to forfeit any profits he had made from his illegal trades.
5. What is the best way to avoid insider trading violations?
The best way to avoid insider trading violations is to be familiar with the laws and regulations surrounding insider trading and to ensure that all trading decisions are based solely on publicly available information. Furthermore, individuals should not share any non-public information with anyone outside of their company.
