Illegal insider trading occurs when non-public company information has influenced a trade when someone buys or sells. When someone uses this information, it allows them to gain an unfair advantage over other investors, making the market make or lose money. If insider trading were allowed, people who invest would no longer feel safe investing. The legal way to gain an advantage over other investors would be for them to gain skills in analyzing and understanding accessible information. According to the Securities and Exchange Commission, "Under Rule 10b5-1, the SEC defines insider trading as any securities transaction made when the person behind the transaction has knowledge of material nonpublic information and is therefore violating his or her duty to maintain the confidentiality of information". such knowledge" (Reem Heakal). An insider is someone who has access to information that has not yet been released to the public. These include CEOs, executives and directors who are exposed to the information. Insiders who may need to quit consist of accountants and investment bankers. According to Reem Heakal's article, "In the second part of Rule 10b5-2, the SEC outlined three non-exclusive cases that require a duty of confidence or confidentiality: (1) when a person expresses agreement to maintain confidentiality, (2) when history, pattern and/or practice shows that a relationship has mutual confidentiality, and (3) when a person learns information from a spouse, parent, child or brother (unless it can be shown that such relationship does not have and does not give rise to confidentiality)" (Reem Heakal). It all began about a year after Martha Stewart sold 3,928 ImClone shares in late 2001, a day before a severe slowdown would cause stocks to plummet. The stock market world was waiting for the FDA to make a decision on Erbitux. The pharmaceutical company ImClone was denied access to the new drug Erbitux, which the company promised was an anti-cancer drug. Marta Stewart received information from her broker Peter Bacanovic to sell her shares. Bacanovic's illegal suggestion was that his other clients, including ImClone CEO Samuel Waksal and his daughter, had sold all of their ImClone shares held by Merrill Lynch. Waksal knew at the time of the sales order that the FDA would not approve Erbituz's application.