[Insider trading is not always a illegal](https://www.investopedia.com/terms/i/insidertrading.asp). The article gives a decent overview. In some essence a publicly traded company is regulated so that it has some financial transparency to shareholders buying and selling. Insider trading *that is not disclosed* is antithetical to that transparency, which is antithetical to the legal and financial framework of a public company.
Sidebar: Nowadays there’s a good reason to think that blatantly unfair trading practices in the US in most markets are open for prosecution, but this definitely wasn’t always the case.
Example: until 2010 with Dodd-Frank and other finance overhaul legislation, [insider trading was explicitly allowed in commodities](https://corpgov.law.harvard.edu/2015/12/04/the-first-insider-trader-in-commodities/). Famously this was part of the [climax of the film *Trading Places*](https://www.npr.org/sections/money/2013/07/19/201430727/what-actually-happens-at-the-end-of-trading-places), and so with the 2010 overhaul the specific act of using “nonpublic information misappropriated from a government source” was banned. Insider trading enforcement was also extended into commodities markets.
Plenty of other recent examples can be found — or not — in the “wild west” days of cryptocurrency markets. [The first insider trading prosecution indictment for crypto was only last year.](https://www.justice.gov/usao-sdny/pr/three-charged-first-ever-cryptocurrency-insider-trading-tipping-scheme) In general insider trading can be tough to investigate and prosecute, which is not uncommon for financial crime, but successful prosecutions still do happen regularly.
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