
Many politicians have been accused of trading stocks based on confidential information they gain from their government positions, which is a clear violation of ethics rules.
This practice is known as insider trading, and it's a serious offense that can result in fines and even imprisonment.
Some politicians have been caught trading stocks in companies that are about to receive government contracts or are involved in legislation that affects their stock values.
This can create a conflict of interest and undermine the public's trust in government.
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The Insider Law
A failure to divest would result in fines of either the value of lawmaker's monthly salary or 10% of the values of each asset that's in violation of the law - whichever is greater. This is according to the Senate proposal, which would expand penalties for non-compliance.
The STOCK Act requires lawmakers to report their trades, but some have failed to do so. As of October 2021, 40+ members of Congress failed to properly report their trades.
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Lawmakers have historically invested in stocks, but the scrutiny of individual stock trading is a modern phenomenon. The STOCK Act was passed in 2012 to address concerns about insider trading.
The STOCK Act prohibits lawmakers from using information gathered on the job to inform their trades, but it's difficult to prove that a member of Congress used insider information to inform a trade. This is a challenge in enforcing the law.
Here are some examples of lawmakers who have been criticized for their stock trading:
- Sen. Tommy Tuberville (R-Alabama) was weeks or months late in disclosing about 130 stock trades in the first five months of the year.
- Rep. Tom Malinowski (D-New Jersey) made dozens of undisclosed stock trades from 2020 to early 2021.
- Sen. Richard Burr (R-North Carolina) cashed out on millions of dollars in stocks one week before the February 2020 market crash.
Insider Law Boosts
Lawmakers have a unique opportunity to profit from their positions, and it's not just about insider trading. They can make decisions that affect the companies they're invested in, creating a conflict of interest.
Some lawmakers have been accused of disaster profiteering, where they profit from disasters like the COVID-19 pandemic. For example, Sen. Richard Burr sold off a majority of his equity holdings in February 2020, after a classified briefing on the outbreak, but before the public knew about the threat to the economy.

The STOCK Act requires lawmakers to report their trades, but enforcement is weak, with a $200 fine for failing to report trades within the required deadline. This has led to some lawmakers filing reports weeks or even more than a year late.
Lawmakers have historically invested in individual stocks, but the scrutiny of this practice is a modern phenomenon. As of October 2021, 40+ members of Congress failed to properly report their trades as mandated by the STOCK Act.
The Senate proposal would expand penalties, with fines of either the value of lawmaker's monthly salary or 10% of the values of each asset that's in violation of the law - whichever is greater. This would be assessed monthly, making the fines "huge" and potentially devastating for lawmakers who don't comply.
Here are some notable examples of lawmakers who have been accused of trading stocks improperly:
- Sen. Tommy Tuberville was weeks or months late in disclosing about 130 stock trades in the first five months of the year.
- Rep. Tom Malinowski made dozens of undisclosed stock trades from 2020 to early 2021.
- Sen. Richard Burr cashed out on millions of dollars in stocks one week before the February 2020 market crash.
These examples highlight the need for stronger ethics laws to prevent lawmakers from profiting from their positions.
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Can Congress Members Own Stocks?
Members of Congress can trade individual stocks, and they often do. They have to report trades within a certain time frame, thanks to the STOCK Act.
The STOCK Act prohibits using material non-public information for private profit, also known as insider trading. However, an insider trading case against a congressperson would be difficult to prove in court.
If members of Congress make questionable trades or fail to report trades, they can face an investigation with the Committee on House Ethics. Lawmakers can be fined about $200 for failing to report trades.
Lawmakers argue that they have a right to control their own retirement accounts and other savings through all types of investing, including individual stock trading. This opinion is based on monetary fairness.
In fact, thousands of government officials go through ethics reviews annually, which often require them to divest certain investments depending on their current or upcoming work.
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Banning Stock Trading
Banning stock trading is a complex issue, but it's essential to understand the arguments for and against it. The STOCK Act has been a topic of discussion, with some lawmakers pushing for reforms.
RepresentUS, a nonprofit focused on anti-corruption and democracy issues, is advocating for the ETHICS Act, which would ban lawmakers, their spouses, and their dependent children from trading individual stocks.
This bill aims to address the issue of conflict of interest, where lawmakers can make decisions that benefit their investments. As Joshua Graham Lynn, the CEO of RepresentUS, explained, "It would be like a member of an NBA team rewriting the rules of the game to favor their team and then the fans getting upset."
Public opinion polls show broad support for banning stock trading, with people from across the political spectrum backing the idea. Lynn believes that this issue deserves more scrutiny and attention.
There are three main criticisms of lawmakers being able to trade stocks:
- Disaster profiteering: Lawmakers could profit from insider information or disasters, such as the COVID-19 pandemic.
- Bias in lawmaking: Lawmakers could make decisions that benefit their investments, rather than the public interest.
- A fine line for insider trading: It's difficult to prove that a member of Congress used insider information to inform a trade.
The STOCK Act already prohibits lawmakers from using nonpublic information to inform stock trades, but it's challenging to enforce this rule. The ETHICS Act would provide a clearer solution by banning individual stock trading altogether.
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Reforms and Trust
Reforms to lawmakers' stock trading practices could bring more trust into Congress, according to Unusual Whales. They suggest a trading ban or new disclosure requirements would increase transparency.
These institutions are there to benefit the populace, and if one can't trust them, how can they trust larger institutions, like the U.S. markets or their state legislation? The broader benefit of reforms extends across government and the private sector.
A bipartisan bill, the ETHICS Act, aims to reform lawmakers' stock trading by requiring them to disclose their trades just one day after activity.
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Congress Members to Face Fines for Blind Trusts
Congress members are facing proposed fines for owning blind trusts. Under the Senate proposal, lawmakers would have to alter existing portfolios by March 31, 2027, and be given 120 days to divest all covered investments.
The fines for failing to divest would be either the value of a lawmaker's monthly salary or 10% of the value of each asset in violation, whichever is greater. This means a person in violation could run up huge impacts very quickly, as Senator Merkley noted.
The proposal also includes a provision requiring a certificate of divestiture covering both the President and the Vice President. This highlights the importance of transparency in government.
A "cooling off" period of 90 days would be implemented after a lawmaker leaves public service, during which they would still be barred from investing in individual stocks.
This proposed change aims to prevent lawmakers from profiting off of disaster or using insider information to inform their trades.
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Reforms Build Trust, Curb Profits
Reforms could build trust in Congress but curb profits for lawmakers. Unusual Whales suggests a trading ban or new disclosure requirements would bring more trust into Congress.
Lawmakers' trading habits have a broader impact, affecting trust in government and private institutions. These institutions are meant to benefit the populace, and if one can't trust them, it's harder to trust larger institutions.
A ban on congressional trading would wipe out data used to market ETFs, potentially giving investors a disadvantage. This could be a drawback to such a ban.
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Reforming lawmakers' stock trading is seen as a way to rebuild confidence in Congress as an institution. There's bipartisan support for this idea, suggesting it's a step in the right direction.
House Speaker Mike Johnson hasn't taken a position on the issue, and Senate Majority Leader Chuck Schumer hasn't included it in his list of bipartisan bills to move this year.
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Criticisms and Defenses
Criticisms against politicians trading stocks are numerous.
The main criticisms can be broken down into three key areas: disaster profiteering, bias in lawmaking, and a fine line for insider trading.
Disaster profiteering occurs when lawmakers profit from disasters, such as the COVID-19 pandemic, by making trades before the event and then benefiting from the subsequent market fluctuations.
Bias in lawmaking is a concern because lawmakers may make decisions that benefit their own investments, such as a congressperson invested in the oil sector being hesitant to pass climate legislation that hinders oil production.
The STOCK Act aims to prevent insider trading by lawmakers, but it's difficult to prove that a member of Congress used insider information to inform a trade, as they often have access to a lot of information during their time in office.
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Criticisms of Congressional Stock Trading
Congressional stock trading is a contentious issue, and for good reason. There are three main criticisms of lawmakers being able to trade stocks.
Disaster profiteering is a significant concern, where lawmakers could be profiting off of disaster by making trades before a crisis hits. This can create a conflict of interest, where lawmakers are more invested in protecting their assets than in making decisions that benefit the public.
Lawmakers could also be biased in their lawmaking, making decisions that increase the share value of the companies they invest in. For example, a congressperson invested in the oil sector may be hesitant to pass climate legislation that hinders oil production.
The STOCK Act is supposed to prevent lawmakers from using insider information to inform their stock trades, but it's difficult to prove that they're not. This creates a fine line between legitimate trading and insider trading.
Here are the three main criticisms of congressional stock trading:
- Disaster profiteering: profiting off of disaster by making trades before a crisis hits
- Bias in lawmaking: making decisions that increase the share value of the companies they invest in
- A fine line for insider trading: using insider information to inform stock trades
The public doesn't trust their elected officials, and it's no wonder why. Lawmakers are often accused of not disclosing their stock trades, and some have even been caught moving their investments to avoid reporting them.
Defenses for Congressional

Lawmakers have some valid points to make in defense of their ability to trade individual stocks.
One reason is based on monetary fairness, with lawmakers arguing they have a right to control their own retirement accounts and other savings through all types of investing, including individual stock trading.
Thousands of government officials go through ethics reviews annually, often requiring them to divest certain investments depending on their current or upcoming work.
These reviews are a common practice, but they may not be enough to prevent potential conflicts of interest.
Here are two main reasons why lawmakers want to continue trading stocks:
- Right to control assets
- Existing ethics reviews and divestments
In 2012, the STOCK Act was signed into law, requiring congresspeople to report trades within a certain time frame and prohibiting the use of material non-public information for private profit.
Stock Trading Practices
Some members of Congress trade individual stocks as part of their personal portfolios, but they're not supposed to use information gathered on the job to inform their trades.
As of October 2021, over 40 members of Congress failed to properly report their trades as mandated by the STOCK Act.
Sen. Tommy Tuberville was weeks or months late in disclosing about 130 stock trades in the first five months of the year.
Lawmakers like Rep. Tom Malinowski made dozens of undisclosed stock trades from 2020 to early 2021, releasing the information only after reporters approached him.
Former Sen. Kelly Loeffler invested in personal protective equipment and other pandemic-related stocks before the general public realized the severity of COVID-19.
Sen. Richard Burr cashed out on millions of dollars in stocks one week before the February 2020 market crash.
Federal Reserve officials like Eric Rosengren and Robert Kaplan have also been involved in individual stock trading, with Rosengren and Kaplan abruptly retiring after questions arose about the ethics of their portfolios.
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Disclosure and Ethics
Outside Ethics Group Says 7 House Lawmakers Didn't Disclose Stock Trades. This is a serious issue, as lawmakers are supposed to disclose their stock trades to the public. The current system allows lawmakers to profit from insider information, which can be a problem.
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The proposed reforms would increase the penalty for non-reporting to $500 and require all disclosures to be in a searchable public database. This is a step in the right direction, but it's not enough. The public deserves to know what their elected officials are doing with their investments.
Criticisms against congressional stock trading include disaster profiteering, bias in lawmaking, and a fine line for insider trading. These are all valid concerns that need to be addressed. For example, lawmakers could be profiting off of disaster, or making decisions about spending and other laws based on what increases the share value of the companies they invest in.
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In the end, it's up to lawmakers to do the right thing and be transparent about their investments. The public deserves to know what their elected officials are doing with their money.
Evolution of Rules and Ethics
The rules and ethics surrounding congressional stock trading are undergoing a significant evolution.
Some lawmakers, like Senate Minority Leader Mitch McConnell, believe their peers have the right to invest in individual stocks.
The public, however, doesn't trust their elected officials, as demonstrated by non-profit groups pushing for reforms.
Sen. Elizabeth Warren proposed an Anti-Corruption and Public Integrity Act that would impose more critical ethics rules about trading.
A ban on congressional stock trading is unlikely to gain approval, partly because many lawmakers retain a financial interest in the matter.
Federal Reserve Chair Jay Powell is reassessing the ethics book to determine what's required for individual stock trading in the organization.
Active stock trading tends to be subject to more scrutiny than long-term investing, and any changes to the rules would likely only impact active investments.
For elected officials who divest their individual stock holdings, the alternative is usually diversified funds or blind trusts.
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Ethics Group Says 7 Lawmakers Didn't Disclose Stock Trades
Outside ethics groups are calling out 7 House lawmakers for not disclosing their stock trades, a serious breach of transparency.
The current system of disclosure has led to financial services companies creating products that model lawmakers' investments, which have consistently beaten the market. This has raised concerns among non-profit groups pushing for reforms.
In fact, the disclosures that lawmakers currently file have prompted financial services companies to create products that model lawmakers' investments. Those funds have consistently beaten the market, which is a dynamic that non-profit groups pushing for reforms demonstrate that the public doesn't trust their elected officials.
The issue of lawmakers trading stocks is complex, and it's not just about the money; it's about trust and accountability.
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Pro Quotes
Politicians trading stocks is a complex issue, and experts have weighed in on both sides of the debate. Daniel Gross, a senior editor of Newsweek and columnist for Slate Magazine, notes that the 'political intelligence' shops aren't doing anything much different than news organizations like the Washington Post or the Wall Street Journal, which employ Washington-based operatives to gather information.
Some experts argue that banning insider trading by politicians and their staffs would be difficult to enforce. Jim Harper, director of information policy studies of the Cato Institute, predicts that such a ban would likely lead to one of three outcomes: it would be honored in the breach, lead to endless investigations, or force many congressional employees to withdraw from investing.
The idea of banning insider trading altogether has also been proposed. Jeffrey Alan Miron, a senior lecturer and director of undergraduate studies in the Department of Economics at Harvard University, suggests that the ban should be repealed entirely, as it is inefficient and inequitable. The ban rewards dishonest insiders and delays the release of relevant information, which can lead to delayed adjustment of stock prices and inefficient market allocation.
In contrast to the general prohibition against insider trading, politicians and their staffs have been exempt from it. Miron argues that rather than broadening the ban, Congress should repeal it entirely.
Sources
- https://www.npr.org/2024/06/06/nx-s1-4974720/congress-stock-trades-profits
- https://www.npr.org/2024/07/10/g-s1-8989/bipartisan-stock-trading-ban
- https://public.com/learn/can-elected-officials-own-and-trade-stocks
- https://www.britannica.com/procon/insider-trading-by-Congress-debate
- https://www.cnbc.com/2024/07/10/senators-strike-bipartisan-deal-for-a-ban-on-stock-trading-by-members-of-congress.html
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