An agent attends a conference where officers of publicly held companies give talks about their companies to increase investor aw
areness and to put a "positive face" on the company for the investing public. While taking a break from the lectures, the agent overhears an officer of a company, who is next up to give a speech, talking on his cell phone in the hotel lobby, where he says: "You are telling me that we have just received a Wells notice from the SEC!" The agent knows that this is new information that is not public. The agent would be permitted to:
Talking about the conversation with a compliance officer of his firm
Accept unsolicited trades from costumers in the company's stock
Explanation:
The agent listened to another company's employee talking on the phone about confidential information, that is, private information that the agent should not be listening to, but he has heard and can use it to his company's advantage. Since no one knows that the agent has this information, he can talk about the conversation he has heard with a compliance officer at his company, and he can accept unsolicited dealings from customers on the company's stock.
The Sixth Amendment provides that a person accused of a crime has the right to confront a witness against him or her in a criminal action. This includes the right to be present at the trial (which is guaranteed by the Federal Rules of Criminal Procedure Rule 43). As well as the right to cross-examine the prosecution's witnesses.
