In my eleven years, I have processed disclosures from members of Congress who traded on:
Pending FDA approvals they learned about in committee.
Defense appropriations they voted on.
Trade policy they negotiated.
Pandemic response measures they drafted.
Interest rate decisions they were briefed on before the public.
None of them have been charged. None of them have been investigated by the Department of Justice. None of them have been referred to the SEC. The STOCK Act has produced zero prosecutions since it was signed on April 4th, 2012.
Fourteen years. Five hundred and thirty-five members. $635 million in trades last year alone. Zero cases. //
The soldier made $409,881 and faces decades in prison. Nancy Pelosi entered Congress in 1987 with a portfolio worth approximately $785,000. It is now worth $133.7 million. That is a return of 16,930%. The Dow Jones returned 2,300% over the same period. Professional fund managers who beat the market for three consecutive years are considered exceptional. She has beaten it for thirty-seven. If a hedge fund produced those returns, the SEC would subpoena the records on a Thursday. She produced them from a building with a chapel and a gift shop.
She announced her retirement last year. No investigation was opened. No disclosure was flagged. Her filings were on time. In my office, on time means compliant. Compliant means closed. //
The soldier used classified information to make $409,881 on a prediction market. He has been charged with five federal crimes. The Department of Justice announced the case on the same day I processed three disclosures from members who traded on committee knowledge worth a combined $3.8 million.
The difference between the soldier and the members is not what they did. It is the building they did it in. He did it from Fort Bragg. They did it from the Capitol. He used a prediction market. They used the New York Stock Exchange. //
The soldier flew to Caracas. He breached a compound. He put his body between a mission and a bullet. The people who ordered the operation were in a building with a credenza and sparkling water. They did not go to Caracas. They went to their brokerage accounts. The soldier made $409,881 and is now in federal custody. The people who knew what he was going to do before he did it made more and filed less. His prosecution is not a failure of the system. It is the system. One conviction per decade, at the lowest level, so the briefing slides can say enforcement exists. The $409,881 is not the crime. It is the cost of making $635 million look supervised.
In my field, we call this self-regulation.
