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DOJ's Post-Chastain Playbook: How Insider Trading Theories Are Expanding Into Prediction ...

jdsupra.com

The DOJ is stretching insider trading law into prediction markets — and the same theories that jailed an NFT manager are now the blueprint for prosecuting a whole new frontier of financial crime.

Misappropriation TheoryClassical Insider Trading TheoryPrincipal-Agent ProblemInformation Asymmetry
DOJ's Post-Chastain Playbook: How Insider Trading Theories Are Expanding Into Prediction ...

Theory Briefing

  • The Chastain NFT case established that misusing confidential information for personal gain counts as insider trading, even outside traditional stock markets.
  • DOJ is now applying classical and misappropriation theories to prediction markets, where traders can profit from non-public knowledge about real-world events.
  • Overlapping liability frameworks mean participants in prediction markets face prosecution risk from multiple legal angles simultaneously, with few established safe harbors.