Monday, October 5, 2015

Moral Responsibility and Blame: Insider Trading



      “Greed is the root of all evil” was the famous line from the movie Wall Street.  Investors and traders like me have the same goal of generating profits from stocks through price appreciation and dividends. We do our research daily and read market sentiments that would serve as a basis for our judgements. Most of us trade fairly in compliance with the rules and regulations that are set with the intent of obtaining a transparent market. Having transparency would increase investor confidence that encourages investors to invest within the market. There are ways in trading that we should practice in order to be morally responsible however, not all of us play fair in the marketplace. There are a lot of things that we are not allowed to do but others practice it because they know that they could get away with it. One of the most unethical practices that are very famous in the stock market is “insider trading”. Insider trading is defined as buying or selling a stock on the basis of information that has not been made public and is supposed to remain confidential. The one who practice this unfair act is called an “insider”. The Philippine Stock Exchange has its own set of rules and also in compliance with the rules and regulation of the Securities and Exchange Commission. Even though they implement measures in preventing such acts there are still some who gets away with it.

     Moral responsibility has three factors which are causality, knowledge, and freedom. It’s important to understand these three conditions well enough to be able to judge on your own whether a party was morally responsible for something (Velasquez, 2012).

CAUSALITY

     Causality is the relation between cause and effect. The person must either cause the injury or wrong or else must fail to prevent it when he or she could and should have done so (Velasquez, 2012). Insider trading is one issue that is very hard to prove. It will need a lot of evidence to prove someone that he is guilty. With my entire career in the Philippine stock market I don’t remember anyone including historical records that was proven guilty and was sentenced because of insider trading. There were some who were suspended and fined because of securities fraud but not insider trading in particular. Many have practiced it and yet they just get away with it every time. Under the causality rule, it is very clear that the insider intentionally caused the injury that reduces the effectiveness of the transparent market. Going into the mind of the insider, I could say that he wouldn’t mind if what he’s doing is ethical or not as long as he has the opportunity to generate profit through inside information. An insider could also do something to prevent it by not disseminating the information or not making the trade unless it’s disclosed. It is the right thing to do but in reality it never happens and those who intends to practice and obey the rule on insider trading would only turn out to be a joke. Although the higher ups have the difficulty in detaining those who are guilty, one should always be morally responsible for any foreseen work injuries that could be prevented.

KNOWLEDGE

     Knowledge is the second requirement for moral responsibility. The person must know what he or she is doing (Velasquez, 2012). An insider clearly has knowledge of confidential information and should keep it confidential and not do such actions within the information. An insider could possibly be removed from moral responsibility if it fails to meet the obligation of rules that he or she is genuinely ignorant. In this case, if an individual practiced insider trading but was not aware that it was prohibited then he or she may be excused. It clearly doesn’t make any sense to excuse someone that practices insider trading just because he wasn’t aware of such rules. We are responsible for our ignorance and for its wrongful or injurious consequences (Velasquez, 2012).

FREEDOM

     The third requirement for moral responsibility is that the person must act of his or her own free will (Velasquez, 2012). We have the freedom to trade and we have the freedom to do as we like as humans but there are always limitations. It is common sense to know what is right and wrong that we should not abuse the power of free will. Insiders have their own free will that does not hesitate with their wrongdoings. Motivated by greed, insiders are unstoppable. Personal interest of insiders may seem to be a small issue but in a bigger picture it is a serious issue that should be dealt with. It makes a market unhealthy having insiders. As human beings we should be morally responsible in our free will by being obedient to the rules and regulation and develop self-discipline. We can control ourselves and avoid wrongdoings if our judgments are not clouded.

     Money makes us different, it changes our character. The way we speak, the way we react changes time after time. Our moral responsibilities as an individual towards the society diminish when we are blinded with power and monetary value. We let ourselves be part of a faction that contributes into damaging the society. Rationalizations and excuses define our true nature of escaping responsibility. A moral responsibility that is ours to take in hand but most of us ignore it and choose to agree with evil thoughts. We face the true enemy within our wrongdoings and evil thoughts, we define ourselves based on our judgments and actions –the only enemy that we need to endure is ourselves.







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