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Backdating a gift could be tax fraud, tax lawyers said., it’s not at all clear that a stock gift can give rise to insider trading liability.What’s more, some insider trading policies don’t apply to gifts of stock, it’s certainly plausible that insiders might capitalize on non-public information when it comes to gifting stock.

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I recently blogged about the PCAOB Staff’s implementation guidance on the new audit report regime.The result, at times, is that business gets moving before a contract is ever signed.Let’s be honest: in today’s high-speed world, it probably happens more than we’d like to admit.It concluded that legal use of inside information could be part of the story, but also flagged evidence that strongly suggested that some insiders were backdating gifts as well: Tests used to infer the backdating of executive stock option awards yield results consistent with the backdating of CEOs’ family foundation stock gifts.For instance, I find that the apparent timing of certain subsamples of family foundation stock gifts improves as a function of the elapsed time between the purported gift date and the date on which the required stock gift disclosure is filed by the donor with the SEC.

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