November 11, 2011 1:12 PM

Congress insiders: Above the law?

(CBS News) 

Martha Stewart went to jail for it. Hedge fund honcho Raj Rajaratnam was fined $92 million and will go to jail for years for it. But members of Congress can do the same thing -use non-public information to make stock trades -- and there's no law against it. Steve Kroft reports on how America's lawmakers can legally make tidy profits on information only they know, simply because they won't pass a law against themselves. The report will be broadcast on Sunday, Nov. 13 at 7 p.m. ET/PT.

Among the revelations in Kroft's report:

* Members of Congress have bought stock in companies while laws that could affect those companies were being debated in the House or Senate.

* At least one representative made significant stock purchases the day after he and other members of Congress attended a secret meeting in September 2008, where the Fed chair and the treasury secretary informed them of the imminent global economic meltdown. The meeting was so confidential that cell phones and other digital devices were confiscated before it began.

If senators and representatives are using non-public information to win in the market, it's all legal says Peter Schweizer, who works for the Hoover Institute, a conservative think tank. He has been examining these issues for some time and has written about them in a book, "Throw them All Out." "[Insider trading laws] apply to corporate executives, to Americans...If you are a member of Congress, those laws are deemed not to apply," he tells Kroft. "It's really the way the rules have been defined...[lawmakers]have conveniently written them in such a way as they don't apply to themselves," says Schweizer.

Efforts to make such insider trading off limits to Washington's lawmakers have never been able to get traction.

Former Rep. Brian Baird says he spent half of his 12 years in Congress trying to get co-sponsors for a bill that would ban insider trading in Congress and also set some rules up to govern conflicts of interest. In 2004, he and Rep. Louise Slaughter introduced the "Stock Act" to stop the insider trading. How far did they get? "We didn't get anywhere. Just flat died," he tells Kroft. He managed to get just six co-sponsors from a membership of over 400 representatives. "It doesn't sound like a lot," says Kroft. "It's not Steve. You could have Cherry Pie Week and get 100 co-sponsors," says Baird.

© 2011 CBS Interactive Inc.. All Rights Reserved.
Add a Comment See all 110 Comments
by GoldTrader December 7, 2011 3:02 AM EST
Congress hampers adequate enforcement of the securities laws, by refusing prompt public disclosure. The laws apply, but are unenforceable against elected public officials, because they refuse to disclose information in the time permitted for everybody else. The delayed reporting of securities transactions, defeats, obstructs, and impairs its use as timely evidence. If this STOCK act with long 90 day reporting times passes, it will just confirm what the people already suspect about a double standard for congressional insider trading.

The insider trading loophole, that they give themselves is that they use time to hinder procession and cover things up. The SEC cannot have adequate enforcement without prompt disclosure. People calling for longer disclosure times probably just want more time to cover corrupt activities, and have more time to destroy evidence.
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by izzyis1 November 15, 2011 1:24 AM EST
I follow the comments and finger pointing and I say these people must be brighter than that. Whether you have a Democrap or a Repugnican in office, they make the rules except for the nameless, faceless, avaricious oligarchy, you and I and all the voters are powerless. You vote one out and the incoming is worse.

Some day this nation will do away with the archaic and failing system that is restrictive and encourages corruption, that may have worked in the 18th and 19th centuries but now works only for the powerful special interests.

This nation will then come into the 20th [or 21st] century and join the free democratic western societies and become a PARLIAMENTARY political form of governance where the citizens have some say.
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by MadinMinnesota November 13, 2011 10:18 PM EST
We need to replace senate and representative terms with 2 year terms and populate all public offices as we populate juries - choose people without criminal records from the general population, sequester them so that they are not influenced, ...and hold their jobs open while they serve. Just like jury duty, excuse those that have an abundance of familial responsibilites and the like. Eliminate elections, influence, and the division of america. This makes sense.
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by arobertsisu November 13, 2011 8:59 PM EST
Everyone please join this group: http://www.facebook.com/pages/Stop-Trading-on-Congressional-Knowledge-STOCK-Act/218392398233647?sk=wall&filter=1
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by piewackett1 November 13, 2011 7:37 PM EST
Is there a petition anywhere? I wrote to Color of Change. CREDO might help.
Ideas? This has got to stop along with many other things.
Disgusting.
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by dzaffina November 13, 2011 6:35 PM EST
Introduced by Reps. Brian Baird (D-Wash.), Louise McIntosh Slaughter (D-NY) and Tim Walz (D-Minn.), the "Stop Trading on Congressional Knowledge Act" (H.R. 682) would ensure that the same insider trading restrictions we face apply to Congress members and staff as well as the federal government. Bill sponsor(s): 1
Brian Baird (D-WA)
Bill co-sponsor(s): 10
Brad Ellsworth (D-IN)
Raul M. Grijalva (D-AZ)
Paul W. Hodes (D-NH)
Dennis J. Kucinich (D-OH)
Carolyn B. Maloney (D-NY)
Louise M. Slaughter (D-NY)
Jackie Speier (D-CA)
Mike Thompson (D-CA)
Niki Tsongas (D-MA)
Timothy J. Walz (D-MN)
where are the republicans?
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by agreatsign November 13, 2011 6:59 PM EST
Are you seriously trying to imply during this, the most corrupt administration in US history, that democrats are above corruption?
Pretty laughable.
by GoUnion86 November 13, 2011 8:24 PM EST
@agreatsign:

This is nowhere near the most corrupt administration is U.S history. Tame compared to the Bush/Cheyney years.
by dzaffina November 13, 2011 6:31 PM EST
Introduced by Reps. Brian Baird (D-Wash.), Louise McIntosh Slaughter (D-NY) and Tim Walz (D-Minn.), the "Stop Trading on Congressional Knowledge Act" (H.R. 682) would ensure that the same insider trading restrictions we face apply to Congress members and staff as well as the federal government.
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by Chief_Suspect November 13, 2011 6:20 PM EST
If these whistle-blowers KNOW there have been legislators to use this information to their own advantage, then they will also KNOW the names of those legislators. SO .. just who were these crooks by name?
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by GoUnion86 November 13, 2011 6:16 PM EST
Of course they have inside info. Why else would a millionaire want to be a congressman.
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by paulstewart9 November 14, 2011 10:01 PM EST
Actually, the logic is the other way around. Why else would anyone want to become a Congressman except, these days, to become a millionaire.
by maybeiwould November 13, 2011 4:12 PM EST
This is a registered product. Thanks!
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