Conor Jones
Welcome to the next instalment in Data Intellect’s Market Misconduct Case Files series.
This week, we turn to a striking example of cyber-enabled insider trading: the alleged hack-to-trade operation carried out by Robert B. Westbrook, the UK citizen accused of hacking senior executives’ email accounts at multiple U.S. public companies to obtain material non-public information (MNPI). According to charges filed by the SEC in September last year, Westbrook took advantage of the illicitly-obtained MNPI to trade ahead of company earnings announcements, generating approximately $3.75 million in illicit profits.
The SEC claims that Westbrook executed a sophisticated hacking scheme targeting Microsoft Office 365 environments used by senior executives at at least five U.S. public companies. Rather than relying on a single point of compromise, Westbrook combined credential harvesting, password-reset manipulation, MFA-bypass techniques, and inbox-rule persistence.
The conduct is alleged to have occurred between January 2019 and August 2020, during which Westbrook assembled an extensive toolkit to breach corporate accounts and conceal his identity:
Using this toolkit, the SEC alleges that he:
The SEC uncovered the scheme using advanced data analytics, crypto-asset tracing, and forensic cybersecurity techniques, ultimately identifying that Westbrook had accessed confidential earnings data belonging to multiple U.S. public companies. The investigators had to prove that the trading pattern was not coincidental, but instead directly tied to the hacked data. This required extensive analytics across the affected issuers’ earnings cycles, market data, and brokerage activity. Blockchain analysis was also needed to link pseudonymous activity back to identifiable entities, as some of the operational infrastructure was paid for or routed through cryptocurrency services. After tracing the digital intrusion activity and connecting it to trading patterns, U.S. authorities coordinated with UK law enforcement, leading to Westbrook’s arrest in London late last year and a demand for his extradition.
On 27 September 2024, the SEC filed its civil complaint in the U.S. District Court for the District of New Jersey. In parallel, the U.S. Attorney’s Office brought criminal charges, including securities fraud, wire fraud, and five counts of computer fraud. The potential penalties Westbrook faces are considerable:
Following his arrest, Westbrook has attempted to contest extradition and hearings appear to be ongoing. It seems likely, therefore, that this case will not reach its final conclusion for some time yet – potentially well into 2026 or 2027. One to keep an eye on.
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