Someone Who Does Not Have a Fiduciary Duty to the Shareholders

Someone who does not have a fiduciary duty to the shareholders of a company and uses inside information to make a profit with company stocks:

A) is probably guilty of insider trading
B) is probably not guilty of insider trading
C) can only be guilty of insider trading if he shares the information with others
D) is guilty of insider trading if he makes more than $50,000 in profits
E) none of the other choices are correct