A legal analysis of securities fraud

Abstract

Securities fraud refers to the fraudulent practice of deceiving investors who are buying, selling or trading in financial markets into taking investment decisions based upon false or incomplete information. Also referred to as stock fraud, it is a concept that embodies various wrongs and causes of action, including outright fraud involving securities, market manipulation and insider trading. This thesis presents a legal analysis of the concept of securities fraud and of the main counter mechanisms adopted to redress such a crime. It leads to an evaluation of how such a concept of American origin is perceived under Maltese law. Initially, this thesis examines briefly the characteristics of securities fraud in an attempt to shed light on the causes of action it encompasses. Subsequently, this thesis analyses the notion of fraud and evaluates the offences present under Maltese law that counter fraudulent behavior. This includes an evaluation of the offences which are present in criminal and financial legislation. The focus is then placed on the legal regime that presently prohibits market abuse and in doing so, it identifies certain drawbacks in the application of this regime in the criminal law scenario. Ultimately, the thesis provides a comparative approach of how securities fraud is regulated in the United States and in the United Kingdom while it examines the upcoming changes being furthered by the European Union in the market abuse sphere.