Hawaii Jury Instruction — 4.4.1 Rule 10(b— - 5(a) Device, Scheme Or Artifice To Defraud Insider Trading is a legal provision implemented in Hawaii to prevent fraudulent activities related to insider trading. Insider trading involves individuals trading securities based on material non-public information, giving them an unfair advantage over other investors. This instruction serves as a guideline for jurors to understand the elements, requirements, and possible variations of such fraudulent practices. Keywords: Hawaii, jury instruction, Rule 10(b), 5(a), device, scheme, artifice, defraud, insider trading. Types of Hawaii Jury Instruction — 4.4.1 Rule 10(b— - 5(a) Device, Scheme Or Artifice To Defraud Insider Trading: 1. Device to Defraud: This type of fraudulent insider trading involves the deliberate use of deceptive tactics or strategies to mislead others and engage in illicit activities related to trading securities based on insider information. Jurors must assess whether the defendant employed fraudulent devices to manipulate the market and deceive other investors. 2. Scheme to Defraud: This category applies when an individual or a group engages in a systematic plan or arrangement to defraud others through insider trading practices. The instruction helps jurors recognize such schemes and understand their significance in determining the culpability of the accused party. 3. Artifice to Defraud: Artifice refers to a clever or cunning strategy used to deceive or trick others. In the context of insider trading, this involves the use of deceptive actions or manipulative techniques to defraud investors or gain an unfair advantage in trading securities. Jurors will assess whether the defendant devised and executed an artifice that violated insider trading laws. 4. Insider Trading: Although not explicitly mentioned in the instruction, it is crucial to understand that the overall focus of Hawaii Jury Instruction — 4.4.1 Rule 10(b— - 5(a) relates to insider trading itself. Insider trading constitutes the buying or selling of securities based on non-public information, which gives an unfair advantage to those with privileged access. Jurors will need to evaluate whether the defendant engaged in insider trading, distinguishing between legal trades and illegal trades derived from confidential information. In summary, Hawaii Jury Instruction — 4.4.1 Rule 10(b— - 5(a) Device, Scheme Or Artifice To Defraud Insider Trading serves as a guide for jurors in cases involving fraudulent practices related to insider trading. It encompasses various forms of deception, manipulation, and unlawful schemes used by individuals to defraud others in securities trading. Jurors are tasked with evaluating the evidence and determining whether the defendant engaged in such activities, considering different types of fraudulent conduct employed to violate insider trading laws.