DOW JONES NEWSWIRES
NEW YORK (Dow Jones)--Martha Stewart, who parlayed good taste and business
acumen into a media empire, was sentenced to five months in prison Friday for
her conviction on charges she lied about the reasons for a stock sale.
Stewart was also sentenced to two years probation with five months of home
detention. She was also fined $30,000. The judge stayed the sentence pending an
appeal.
Stewart, the founder of Martha Stewart Living Omnimedia Inc. (MSO), made a
brief statement before the sentence was read during the proceeding in a packed
ceremonial courtroom in Manhattan.
Martha Stewart asked the judge for leniency, and said she wanted to continue
the good that her and her company had done in the world. She called it "a
shameful day" for her, her family and her company.
The sentence caps two-and-a-half years of uncertainty for Stewart, who was
first interviewed by federal authorities in early 2002 about her sale of nearly
4,000 shares of ImClone Systems Inc. (IMCL) stock shortly before negative news
caused its price to plunge.
Prosecutors say she had a secret tip to sell the shares; Stewart denied it,
claiming she and her broker had a pre-existing agreement to sell ImClone if it
fell below $60 a share.
In March, a jury rejected that story, convicting Stewart and her former
broker, Peter Bacanovic, of conspiracy, obstruction and making false statements
charges. Bacanovic is scheduled to be sentenced at 2:30 p.m. EDT Friday, and
faces 10 to 16 months in prison.
Stewart would be a candidate for a minimum-security prison camp, such as the
facilities in Danbury, Conn., or Alderson, W. Va. The decision will ultimately
be made by the Justice Department's Federal Bureau of Prisons before she
surrenders.
Stewart's attorneys have vowed to appeal her conviction and sentence.
Judge Cedarbaum rejected two requests for a new trial, the first based on a
juror's alleged failure to disclose his brushes with the law and the second
based on perjury charges against an ink expert who served as a government
witness.
The Manhattan U.S. Attorney's office in May accused Larry Stewart, laboratory
director for the U.S. Secret Service, of lying when he testified that he
personally carried out an ink analysis of a worksheet detailing Martha
Stewart's stock portfolio. He has pleaded not guilty.
Larry Stewart is not related to Martha Stewart.
At the same time, the torrent of negative publicity generated by the
stock-trading scandal has weighed on the stock price of Martha Stewart Living
Omnimedia for months.
The company's businesses, which rely heavily on Stewart's image, have been
badly damaged. Advertising in Stewart's flagship magazine, Martha Stewart
Living, has plummeted. The company announced in May that Stewart's television
show would go on hiatus at the end of the current season.
Shares Martha Stewart Living shot up on the news of the verdict, and were
recently at $10.25, or 18.6%, up $1.61 on heavy volume.
-By Colleen DeBaise, Dow Jones Newswires; 212-227-2017;
colleen.debaise@dowjones.com