Orange California Jury Instruction — 4.4.1 Rule 10(b— - 5(a) Device, Scheme Or Artifice To Defraud Insider Trading is a legal instruction specific to the state of California. It pertains to cases involving insider trading and aims to provide guidance to jurors in understanding the elements and legal requirements associated with such offenses. This instruction mentions various keywords that are relevant to comprehend its content and implications. Insider trading refers to the illegal practice of trading stocks or other securities based on material non-public information, which gives an unfair advantage to the trader. To establish liability in insider trading cases, the prosecution must prove that the defendant engaged in a deceptive or fraudulent conduct to deceive other individuals or entities involved in the securities market. The Orange California Jury Instruction — 4.4.1 Rule 10(b— - 5(a) specifically addresses "device, scheme or artifice to defraud" related to insider trading offenses. The term "device" refers to a method or plan employed by the defendant to deceive others knowingly. "Scheme" refers to a deliberate plan or arrangement designed to defraud or mislead others. Lastly, "artifice" indicates a deceptive or cunning action or strategy used to achieve a fraudulent purpose. While the primary focus of the instruction is on insider trading cases involving a device, scheme, or artifice to defraud, there might be different types of scenarios that fall under this category. These may include cases where individuals employ various deceptions such as false statements, manipulation of financial statements, misappropriation of confidential information, or any other fraudulent action to gain an unfair advantage in securities trading. It is essential for jurors to carefully consider the evidence presented and understand the specific elements of the allegation to determine whether the defendant's actions indeed qualify as a device, scheme, or artifice to defraud in insider trading. The instruction will also likely outline the legal standard and burden of proof required for a conviction and may provide additional guidance on evaluating witnesses, assessing credibility, and reaching a verdict based on the facts presented in court.