Chiarella v. United States
United States Supreme Court
445 U.S. 222 (1980)
Chiarella (defendant), an employee at a printing company handling redacted corporate takeover documents, deciphered the identity of target companies from draft agreements and traded on that nonpublic information for $30,000 in profit; the United States (plaintiff) charged him with securities fraud under Section 10(b) for nondisclosure, and the jury was instructed to convict if he traded using material nonpublic information he knew others in the market lacked. A jury convicted him, the court of appeals affirmed, and the Supreme Court granted certiorari.
Whether a securities fraud conviction based on nondisclosure of material nonpublic information can stand absent a fiduciary or similar duty to disclose between the trader and the party on the other side of the transaction.