Just question many confuse.
It depends on the level of money involved.
If you successfully make 20-30k then, yes you will likely be prosecuted.
If you successfully make only a few hundred dollars and very little money is affected then you are probably safe from prosecution.
Please remember that it is ultimately up to the judge/jury to interpret law.
Prior to 2008 there were many actions in the securities market that were not prosecuted. Post 2008 there have been many guilty pleas (with the threat of a trial) for insider trading. IMO the accusations, even if proved true is not insider trading as defined by the law. The vast majority of cases have resulted in guilty pleas or involved witnesses who have plead guilty.
It is all about who interprets the law.
You may ask what does the level of money involved have to do with anything......if a small enough amount of money is involved then it is unlikely anyone will notice what you did.
they're cheers up, then sell ... 
