Insider-trading
prosecution trials have been confusing the investing public
more than they should; convictions have unfortunately clouded
rather than clarified the picture. The media have been of relatively
little help in remedying this public confusion.
The
problem is actually twofold: One has to do with legality. The other has
to do with what investors seek as a “level playing field.” They have
nothing to do with each other. The former is about a forbidden activity.
The other may be about a perfectly legal pursuit, but the public
opposes it for a good pocketbook reason.
In
the first instance, what is illegal is the sale or divulging of
information that an employee or principal is contractually not permitted
to divulge. It may be part of their employment contract or obligation
to their company.
As
an investor, you may not be hurt by such illegality, despite what the
government prosecutors are able to get judges and juries to believe.
However, judges and juries, unfortunately, are not always conversant
with the way the investment industry truly works. Innocents as well as
the guilty may therefore get caught up in such zeal in the
future.
Investors
do expect federal and state regulatory agencies will help thwart any
Ponzi-like chicanery. Unfortunately, many of these deceptions are never
caught in time by the authorities.
What
the Securities and Exchange Commission, for example, seems to be
excellent at, is the ability to impose nit-picking regulations that
require the costly issuance of theatrical data which most investors
cannot possibly comprehend or use in a practical sense. That fuzzy data
generally comes in the mail and winds up, unread, in the garbage.
Let’s
now turn our attention to what investors really want, apart from
justice when any criminality exists; they want a level playing field
when they put their funds at risk.
There is a practical way for all investors to get that sought-for level playing field. It’s simple enough.
They
can get this when they avoid the adverse impact of those I often refer
to as the financial industry’s “inside players” who, incidentally,
usually operate legally,
These
players include stock brokers who push over-zealous traders trying to outfox each other; advisers with “tiny” management fees that
translate into as much as 20% or more of their earnings each year;
hedge funds that think nothing of taking an additional 20% of any annual
earnings profits on top of fees; and analysts who suggest securities of
corporations they diligently evaluate, though they could not run their
own profitable pushcart.
All these costs that uneven the playing field are charged without any commensurate service.
When
research shows that low-cost index mutual funds and ETFs are invariably
the alternative bargains to the wares of the inside-players. (See the
Earl J. Weinreb NewsHole® comments and @BusinesNewshole at Twitter.)