Raymond Dirks worked for a New York City broker-dealer firm. He specialized in analyzing insurance company investments.

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Raymond Dirks worked for a New York City broker-dealer firm. He specialized in analyzing insurance company investments. Dirks received a tip from Ronald Secrist, a former officer of Equity Funding of America (an insurance company), that Equity Funding had fraudulently overstated its assets. Dirks decided to investigate. Although neither Dirks nor his employer traded in Equity Funding shares, he told others in the securities industry about the tip, and soon thereafter Equity Funding’s shares dropped precipitously in value. The Securities and Exchange Commission (SEC) investigated Dirk’s role in disclosing the existence of the fraud and charged him with being a “tippee” who had aided and abetted violations of the Securities Act of 1933. This statute makes it illegal for persons with inside knowledge (nonpublic information) to take unfair advantage of a company’s shareholders by trading in the affected securities before the news has become public. Can you make an argument supporting the conclusion that it would be unethical for Dirks to share the information he obtained from Secrist with other people in the industry? Can you make an argument that Dirk’s conduct was not unethical?

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