Preview

The Trial Of Martha Stewart

Satisfactory Essays
Open Document
Open Document
274 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Trial Of Martha Stewart
CHAPTER 7 – case study “The trial of Martha Stewart” question 1 (p.225)
Did Martha Stewart commit the crime of insider trading when she sold her ImClone shares on December 27, 2001?

I believe that Martha Stewart committed the crime of insider trading. In my opinion, this case study had enough information about Martha Stewart’s trial. There are facts supporting that she had important and significant information about ImClone shares that wasn’t available to the public at that time. First of all, she received a phone call on December 27th from her stockbroker Bacanovic telling her that he “thinks ImClone is going to start trading downward” . Bacanovic also provided important information that S. Waksal, cofounder of ImClone Systems, sold all

You May Also Find These Documents Helpful

  • Good Essays

    The key parties of this situation would be Stewart and myself. Even though I think telling Stewart about Waksal is unethical, following Baconivic’s orders and telling her would put her at an advantage because she would be able to sell her ImClone stocks before the rest of the shareholders could. Even though she could use the Waksal information for her advantage, she would be putting herself in jeopardy with the law. Following Baconivic’s orders would also make me look better in front of him and he could possibly help me get a higher positioned job in the future. For myself, if I know telling Stewart is unethical and I still do it, I am going against my own moral values. By doing so, I am complying with Albert Carr’s way of thinking about business and personal ethics being separate. I would be complying with Carr’s thinking because I would be following Baconivic’s orders even though it goes against my own values. If I don’t listen to Baconivic, I could risk losing my job at the company. By doing so, it could put a halt in my career.…

    • 607 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    On December 27, 2001, Martha Stewart made a decision that changed her life, and the decision jeopardized the livelihood of her stakeholders. Ms. Stewart received a call from her stockbroker’s assistant letting her know that Dr. Samuel Waksal was trying to sell his holdings in ImClone. Dr. Waksal was the chief executive officer and founder of ImClone, and he had just received notice from the Food and Drug Administration that the drug Erbitux did not receive approval to be used as a cancer drug. Stock in ImClone was at a high due to expectations of Erbitux getting approval, and once the news of it not getting it reached the public, Dr. Waksal knew that the price of its stock was going to decline. (Carroll & Buchholtz, 2009, p. 814) This is an example of insider trading. “Anytime a company executive or employee buys or sells stock in the company that person works for, an inside trade has occurred.” (Newkirk, 1998) In this essay I will explore who the ‘insiders’ were that knew that the stock was in danger, and the people who did not know. I will examine how Martha Stewart’s decision affected her company, Martha Stewart Living Omnimedia,…

    • 2450 Words
    • 10 Pages
    Powerful Essays
  • Satisfactory Essays

    What theory or theories might a court use to hold Wallace liable for insider trading?…

    • 576 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Bus 250 Week 4 Disc1

    • 323 Words
    • 2 Pages

    In 1985 R. Foster Winans a columnist for “The Wall Street Journal” was convicted of giving information to two stock brokers he was writing and article about in his column “Heard On The Street. Foster was charged with insider trading. The stockbrokers make a whopping 690,000 and Winans cut was 31,000. I thin k this case does meet the requirements of inside trading established by the Supreme Court in the case U.S. vs. O’Hagen because the Foster leaked information about contents of a column , “Heard on the Street” before publication. The leaks allowed his stockbroker friends to make trades in anticipation of the impact the column would have and allow them to make a profit before the new hit the street. According to Lawrence inside trading is A person who trades on information that he or she knew was supposed to be confidential is guilty of misappropriation, regardless of whether the trader is directly connected to the company whose shares were purchased. This new law covers anyone who learned and traded on information they knew was illegal. It does not cover people who come across information just by chance…

    • 323 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    violated a Civil Law by engaging in insider trading. Being the one to organize the…

    • 674 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Case Study for Enron

    • 468 Words
    • 2 Pages

    Based on information given, there was intent or knowledge of wrongdoing which constitutes part of a crime, as opposed to the action or conduct of the accused. It is very difficult to argue 'no knowledge' of a 1.2 billion dollar write down. In a public company, it is the CEO's responsibility to report any and all information that details the health of the company, immediately. Any sign of trouble needs to be reported to the SEC and shareholders as soon as it is found. An organizational restructuring around the same time of several hundred million dollars being reported at a loss sounds too convenient to claim ignorance.…

    • 468 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    “I dreaded this assignment more than any other…. I wondered whether justice would be served by snuffing out the life of this man.” - Robert Elliot, executioner The trial. The main character of the book, The Trial is Katie Leigh Flynn. Her father had left her and her mother a long time ago. Katie was a kind and loving girl. Katie has always wanted to be a reporter when she would grow up. The Trial took place in Flemington, New Jersey, 1932, 1936. The main conflict of The Trial was that Charles Lindbergh's son Was kidnapped and murdered. They believe Bruno Richard Hauptmann was guilty of the kidnapping, so they seat a trial in Flemington, New Jersey's courthouse.…

    • 282 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Mock Trial

    • 1085 Words
    • 4 Pages

    Greeting courtroom members, I am Shaneka Lewis apart of the Defence Attorney and I will be representing my client Donovan Tisi pleading not guilty upon the robbery and bodily harm charges. On December 5th 2013 at 5:30 PM, Anver Williams had claimed to be walking home from his basketball practice where he perhaps had been wearing his brand new basketball sneakers. As Mr. Williams was walking home he decided to take a short-cut home from a dark alley way that leads to Eglinton Ave. As Anver Williams was walking he seemed to come across a group of older men. Anver Williams explained how the young men approached him and toke away his hat and his sneakers after while being brutally attacked. My question and argument court, is to why my client Donovan is being called upon out of all of the young men who had claimed to be there during this dispute, is there enough proof or evidence to show that Donovan Tisi had been there or even took part in this crime, that Anver Williams is not sure of who had harmed or robbed him? As we are gathered here court I would like you all to investigate or try to find real evidence to prove that it had been my client Donovan that shows his participation in this act.…

    • 1085 Words
    • 4 Pages
    Powerful Essays
  • Satisfactory Essays

    LaThis article found in the Wall Street Journal applies to insider trading. Thomas Conradt and David Weishaus bought shares of SPSS Inc. after illegally discovering about their near future acquisition of IBM. They believe Conradt was informed by his roommate at the time in 2009. Conradt then informed Weishaus but asked him to keep quiet claiming “we gotta keep this in the family” and “I don’t want to go to jail”. The two men were arrested last Thursday, November 29, 2012. It is believed that Conradt, Weishaus and three other brokers made more than one million dollars from the information. They each face up to twenty years in prison.…

    • 277 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Amistad Trial

    • 1443 Words
    • 6 Pages

    The second Amistad trial was the civil case that was tried before District Judge Andrew Judson (Linder). According to Wikipedia, The abolitionists filed charges of assault, kidnapping, and false imprisonment against Ruiz and Montez. The trial began on November 19, 1839 in Hartford. The ruling states;…

    • 1443 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    student

    • 2501 Words
    • 10 Pages

    3. When making her initial recommendations to purchase Spencer Company shares, which standards is Miller violating?…

    • 2501 Words
    • 10 Pages
    Powerful Essays
  • Powerful Essays

    According to [ (Masters, 2004) ], the judge sentenced Martha Stewart (63) to Alderson Federal Prison Camp, which is a minimum security facility, located in Alderson West Virginia. Martha Stewart and Peter E. Bacanovic her former Merrill Lynch and Company broker, whose conviction charge of conspiracy, obstruction of justice and lying to federal investigators about her ImClone System Inc., Stock. The sentencing for each of these defendants netted five months a piece in prison. The judge informed them that they could both stay free on bail during the application process for an appeal of their guilty verdict. Martha Stewart requested if she could start serving her…

    • 1767 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    The Amanda Knox Trial

    • 454 Words
    • 2 Pages

    A witch-hunt is what occurs when mass hysteria breaks out among a group of people. It is a search to find the source of their fears, which in most cases, are purely in their minds. These people who conduct these witch-hunts are often searching for something that does not exist. A witch-hunt is conducted to project one’s own sin on another person, or group of people. To conduct a witch-hunt is to deny all morality.…

    • 454 Words
    • 2 Pages
    Good Essays
  • Good Essays

    "In 2002, the Securities and Exchange Commission announced that Martha Stewart was under investigation for insider trading. She had sold 3,928 shares of ImClone Systems in December 2001, just before the Food & Drug Administration announced that it was scuttling ImClone's application to sell a new so-called wonder drug. It looked like classic insider trading, and it probably was, but oddly the feds never proved this in court, or even tried to prove it. Instead, they charged Stewart with four crimes (conspiracy, obstruction of justice, and two counts of making false statements to federal agents), all stemming from her conversations with investigators. A jury found her guilty, and she was sentenced to five months in prison. Under federal law,…

    • 159 Words
    • 1 Page
    Good Essays
  • Better Essays

    Tyco. WorldCom. These companies created an environment of public mistrust of big corporations. Lives were destroyed; life savings depleted, and at the end, seemingly light punishments, if any were given to responsible parties. There was no tolerance for continued corporate impropriety. Martha Stewart sold almost 4000 (exactly 3,928) shares of her personally owned stock of ImClone in December 2001. The perception of wrong-doing came about as it related to Food and Drug Administration (FDA) disapproval of an ImClone drug. A friend of Stewart, and ImClone executive, indicated to her that the FDA would not approve the drug. Martha Stewart subsequently sold her shares of the depreciating stock, avoiding a sizeable loss. Stewart maintained that there was a pre-existing agreement with her portfolio manager to sell the stock when its value fell to $60 dollars a share, and that the FDA decision and her actions were…

    • 1192 Words
    • 5 Pages
    Better Essays