Quote from jay90210:
Why can't Jim Cramer do trading with his personal money? I know he trades for his charitable trust, but last week on Mad Money he looked at the camera and stated he is NOT ALLOWED to trade equities personally and that when he wants to invest his own money he has to do so with real estate investing.
So what's the scoop anyway?
The simple answer is that Under Section 9(a)(2) of the Federal Securities Act of 1934:
"It shall be unlawful for any person, directly or indirectly, by the use of the mails or any means or instrumentality of interstate commerce, or of any facility of any national securities exchange, or for any member of a national securities exchange -- To effect, alone or with one or more other persons, a series of transactions in any security registered on a national securities exchange or in connection with any security-based swap agreement (as defined in section 206B of the Gramm-Leach-Bliley Act) with respect to such security creating actual or apparent active trading in such security, or raising or depressing the price of such security, for the purpose of inducing the purchase or sale of such security by others."
In short, if Cramer trades a security, and immediately thereafter recommends that others buy or sell it with him using an instrument of interstate commerce (i.e., a television broadcast), and as a consequence, the security moves to Cramer's advantage, such that he can exit his position with a profit, at the expense of other traders who followed him, Cramer violates the above-stated Federal statute, because his act of recommending the security has caused actual active trading in the security and induced the purchase of that security to the disadvantage of others.
So, by Cramer delaying his trades for a significant period of time after he announces his intent to trade, he cannot be accused of manipulating the market to his advantage, because he is the last one in and the last one out.