1.) Because of the fact thatBL Gupta revealed the undisclosed profits of Goldman Sachs to another person, he is being tried for insider trading. The undisclosed profits of Goldman Sachs could affect the value of its stock. If the profits were up, then Raj would have been able to buy stock and then when the profits were announced, would be able to sell it and make money. If Raj already had stock, then he could have sold it then, and wouldn’t incur the loss if Sachs’s profits went down. He could have also used this information to gain investors, if it happened to be that they were competitors, and that Goldman Sachs’s profits were down. So it seems that giving out the undisclosed profits for Goldman Sachs’s could have indeed affected the future value of the stock, and is therefore deemed as insider trading.

2.) In Federal courts, you’re being sued for criminal actions, while in Administrative you’re tried for not complying by the rules. If there wasn’t a huge event, then administrative would be much easier to go through, because you do not have a jury. The SEC filed a public administrative proceeding against Gupta, which is determined under SEC rules, not the federal laws of civil procedures. All of these factors would have led up to Gupta losing his case, however, he managed to get the case into Federal courts instead of administrative.

3.) Gupta might have some defense, because he could claim that the revelation of the profits made was not “material”. He could say that it was only material if it was a significant change in financial condition, and it may not have been. It could have been that it only went down or up slightly, and that alone was not significant enough to be material.

4.) There should be insider trading rules up to a certain extent. It is agreed upon that insider trading needs to be watched over and regulated, however it can be taken extreme to those who watch the market carefully. If they’re good at what they do, then they can predict when they think the market will go up and down and sell their stocks accordingly. The SEC may then think that they have some kind of insider trading, and can take some of their profits earned even if they did not engage in insider trading.

5.) There are no insider trading regulations in the real estate business, because insider trading is basically the business!! You buy it at a low price as soon as you can, and then sell it to make a profit. One tries to get the upper hand about prices, which in the regular market would be considered illegal insider trading. However, in real estate that is perfectly acceptable, and gets you further up in the business. Buying and selling to make money off the properties is your goal, and if you have the upper hand in information, then you are applauded and supported.