Pro-SEC Ruling Raises Restricted Stock Hedging Fears

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Pro-SEC Ruling Raises Restricted Stock Hedging Fears

Equity derivatives participants are jittery after an appeals court upheld a Securities and Exchange Commission decision to prosecute a pair of over-the-counter options users for what it said amounted to an indirect sale of restricted shares to the public—an illegal act. The case raises questions about whether the SEC will prosecute others who use derivatives to hedge restricted stocks.

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