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Need the bare facts on the Martha Stewart case

MichaelD

Lifer
I made the mistake of getting into a water-cooler conversation w/a coworker about how the rich in the USA get off scott free.

I.E. Martha Stewart who was already a multi-millionaire, did some insider trading, made x-millions and got to keep y-millions of it and only did a year or so in jail.

I need the specifics on how much she netted vs. how much time she spent in the pokey. Work is busy. No time to stalk Google. Help me put her in her place. 😀
 
She avoided a loss of $45,673
She's worth $638 million
She spent 5 months in jail, house arrest after that, $195k fine, and for 5 years she can't be a director of a public company
 
Originally posted by: MichaelD
Originally posted by: mugs
She avoided a loss of $45,673

Can't be. She has that much in her ash tray. Maybe you forgot two zeroes?

That's what made the case so perplexing... it was a relatively trivial amount of money for her.
 
She only served 5 months in minimum security prison (didn't they even let her have supplies to bake a cake or something?) and had to pay $195,000.
 
Originally posted by: MichaelD
Originally posted by: mugs
She avoided a loss of $45,673

Can't be. She has that much in her ash tray. Maybe you forgot two zeroes?

It wasn't the money but the aftermath of the whole mess that got her in deep poo.
 
From Wiki

Beginning in 2002, Stewart's career was shaken by charges brought against her regarding the sale of her shares in pharmaceutical company ImClone, days before its application for a new drug was denied. Stewart's reputation suffered heavily during the course of events that occurred over the next 3 years, which included a significant drop in advertising in Living and to a lesser extent Weddings and Kids. Stewart went to trial and was convicted in March, 2004 on four counts of lying to investigators and obstruction of justice. She was forced to step down from her role as CEO and chairwoman of MSLO for a non-executive role. She also resigned her position as a board member for Revlon and the New York Stock Exchange.

Stewart surprised many in September 2004, when she agreed to begin serving a five-month prison term while her appeal was still pending. In October, she reported to Alderson Federal Prison Camp in West Virginia. She was released on March 4, 2005, after which she was placed under supervised release and required to wear an ankle bracelet for an additional 5 months.

According to U.S. Securities and Exchange Commission allegations, Stewart avoided a loss of $45,673 by selling all 3,928 shares of her ImClone stock. The day following her sale, the stock value fell 16%.[3]

Stewart is a former stockbroker who rose to President of the NYSE Board of Governors. Given this extensive background in trading and rules oversight, Stewart was viewed as actively being complicit in the insider trading charges. As a side note, if she had held her ImClone shares, she would have eventually made a significant profit.

The last of her legal battles were resolved when, on August 7, 2006, the Securities and Exchange Commission announced that it had agreed to settle insider trading charges against Stewart and Peter Bacanovic relating to Stewart's sale of ImClone Systems stock in December 2001. Under the settlement, Stewart - without admitting guilt - agreed to the maximum penalty of about $195,000, or three times the losses she avoided. Stewart also agreed to a five-year bar from serving as a director of a public company and a five-year limitation on the scope of her service as an officer or employee of a public company.[4] Stewart will be prohibited from participating in financial reporting, financial disclosure, internal controls, audits, SEC filings and monitoring compliance with the federal securities laws.

It is expected that after the bar is lifted, presumably in 2011, that Stewart (who will be 70), will return to the helm of MSO as its Chairwoman and CEO.

Cheers,
Aquaman
 
Originally posted by: jhayx7
Originally posted by: MichaelD
Originally posted by: mugs
She avoided a loss of $45,673

Can't be. She has that much in her ash tray. Maybe you forgot two zeroes?

It wasn't the money but the aftermath of the whole mess that got her in deep poo.

Well, she would have been in trouble if they could nail her for the insider trading, but they couldn't so they went after her for lying to them.
 
Originally posted by: MichaelD
Originally posted by: mugs
She avoided a loss of $45,673

Can't be. She has that much in her ash tray. Maybe you forgot two zeroes?

Insider Trading Charges
Main article: Martha Stewart Insider Trading Charges
Beginning in 2002, Stewart's career was shaken by charges brought against her regarding the sale of her shares in pharmaceutical company ImClone, days before its application for a new drug was denied. Stewart's reputation suffered heavily during the course of events that occurred over the next 3 years, which included a significant drop in advertising in Living and to a lesser extent Weddings and Kids. Stewart went to trial and was convicted in March, 2004 on four counts of lying to investigators and obstruction of justice. She was forced to step down from her role as CEO and chairwoman of MSLO for a non-executive role. She also resigned her position as a board member for Revlon and the New York Stock Exchange.

Stewart surprised many in September 2004, when she agreed to begin serving a five-month prison term while her appeal was still pending. In October, she reported to Alderson Federal Prison Camp in West Virginia. She was released on March 4, 2005, after which she was placed under supervised release and required to wear an ankle bracelet for an additional 5 months.

According to U.S. Securities and Exchange Commission allegations, Stewart avoided a loss of $45,673 by selling all 3,928 shares of her ImClone stock. The day following her sale, the stock value fell 16%.[3]

Stewart is a former stockbroker who rose to President of the NYSE Board of Governors. Given this extensive background in trading and rules oversight, Stewart was viewed as actively being complicit in the insider trading charges. As a side note, if she had held her ImClone shares, she would have eventually made a significant profit.

The last of her legal battles were resolved when, on August 7, 2006, the Securities and Exchange Commission announced that it had agreed to settle insider trading charges against Stewart and Peter Bacanovic relating to Stewart's sale of ImClone Systems stock in December 2001. Under the settlement, Stewart - without admitting guilt - agreed to the maximum penalty of about $195,000, or three times the losses she avoided. Stewart also agreed to a five-year bar from serving as a director of a public company and a five-year limitation on the scope of her service as an officer or employee of a public company.[4] Stewart will be prohibited from participating in financial reporting, financial disclosure, internal controls, audits, SEC filings and monitoring compliance with the federal securities laws.

It is expected that after the bar is lifted, presumably in 2011, that Stewart (who will be 70), will return to the helm of MSO as its Chairwoman and CEO.

http://en.wikipedia.org/wiki/Martha_stewart#Insider_Trading_Charges

You lose 😉
 
Originally posted by: KLin
Originally posted by: MichaelD
Originally posted by: mugs
She avoided a loss of $45,673

Can't be. She has that much in her ash tray. Maybe you forgot two zeroes?

Insider Trading Charges
Main article: Martha Stewart Insider Trading Charges
Beginning in 2002, Stewart's career was shaken by charges brought against her regarding the sale of her shares in pharmaceutical company ImClone, days before its application for a new drug was denied. Stewart's reputation suffered heavily during the course of events that occurred over the next 3 years, which included a significant drop in advertising in Living and to a lesser extent Weddings and Kids. Stewart went to trial and was convicted in March, 2004 on four counts of lying to investigators and obstruction of justice. She was forced to step down from her role as CEO and chairwoman of MSLO for a non-executive role. She also resigned her position as a board member for Revlon and the New York Stock Exchange.

Stewart surprised many in September 2004, when she agreed to begin serving a five-month prison term while her appeal was still pending. In October, she reported to Alderson Federal Prison Camp in West Virginia. She was released on March 4, 2005, after which she was placed under supervised release and required to wear an ankle bracelet for an additional 5 months.

According to U.S. Securities and Exchange Commission allegations, Stewart avoided a loss of $45,673 by selling all 3,928 shares of her ImClone stock. The day following her sale, the stock value fell 16%.[3]

Stewart is a former stockbroker who rose to President of the NYSE Board of Governors. Given this extensive background in trading and rules oversight, Stewart was viewed as actively being complicit in the insider trading charges. As a side note, if she had held her ImClone shares, she would have eventually made a significant profit.

The last of her legal battles were resolved when, on August 7, 2006, the Securities and Exchange Commission announced that it had agreed to settle insider trading charges against Stewart and Peter Bacanovic relating to Stewart's sale of ImClone Systems stock in December 2001. Under the settlement, Stewart - without admitting guilt - agreed to the maximum penalty of about $195,000, or three times the losses she avoided. Stewart also agreed to a five-year bar from serving as a director of a public company and a five-year limitation on the scope of her service as an officer or employee of a public company.[4] Stewart will be prohibited from participating in financial reporting, financial disclosure, internal controls, audits, SEC filings and monitoring compliance with the federal securities laws.

It is expected that after the bar is lifted, presumably in 2011, that Stewart (who will be 70), will return to the helm of MSO as its Chairwoman and CEO.

http://en.wikipedia.org/wiki/Martha_stewart#Insider_Trading_Charges

You lose 😉

I may lose....... but your a loser 😛 😉

Cheers,
Aquaman
 
Originally posted by: Aquaman
From Wiki

Beginning in 2002, Stewart's career was shaken by charges brought against her regarding the sale of her shares in pharmaceutical company ImClone, days before its application for a new drug was denied. Stewart's reputation suffered heavily during the course of events that occurred over the next 3 years, which included a significant drop in advertising in Living and to a lesser extent Weddings and Kids. Stewart went to trial and was convicted in March, 2004 on four counts of lying to investigators and obstruction of justice. She was forced to step down from her role as CEO and chairwoman of MSLO for a non-executive role. She also resigned her position as a board member for Revlon and the New York Stock Exchange.

Stewart surprised many in September 2004, when she agreed to begin serving a five-month prison term while her appeal was still pending. In October, she reported to Alderson Federal Prison Camp in West Virginia. She was released on March 4, 2005, after which she was placed under supervised release and required to wear an ankle bracelet for an additional 5 months.

According to U.S. Securities and Exchange Commission allegations, Stewart avoided a loss of $45,673 by selling all 3,928 shares of her ImClone stock. The day following her sale, the stock value fell 16%.[3]

Stewart is a former stockbroker who rose to President of the NYSE Board of Governors. Given this extensive background in trading and rules oversight, Stewart was viewed as actively being complicit in the insider trading charges. As a side note, if she had held her ImClone shares, she would have eventually made a significant profit.

The last of her legal battles were resolved when, on August 7, 2006, the Securities and Exchange Commission announced that it had agreed to settle insider trading charges against Stewart and Peter Bacanovic relating to Stewart's sale of ImClone Systems stock in December 2001. Under the settlement, Stewart - without admitting guilt - agreed to the maximum penalty of about $195,000, or three times the losses she avoided. Stewart also agreed to a five-year bar from serving as a director of a public company and a five-year limitation on the scope of her service as an officer or employee of a public company.[4] Stewart will be prohibited from participating in financial reporting, financial disclosure, internal controls, audits, SEC filings and monitoring compliance with the federal securities laws.

It is expected that after the bar is lifted, presumably in 2011, that Stewart (who will be 70), will return to the helm of MSO as its Chairwoman and CEO.

Cheers,
Aquaman

Thanks much. So, in my debate w/this harpy...I win! I had my facts about what exactly she got nailed for wrong, but I was correct that she got off w/a slap on the wrist. For 99% of Americans, a felony conviction like hers would be a life-ender, dooming the convicted to a lifetime of fast food servitude. But for the elite like her, it's nothing but a portfolio-building entry. :roll:

 
"As a side note, if she had held her ImClone shares, she would have eventually made a significant profit."

Owned
 
Sam Waksal was the one who really got nailed in that mess. (And rightfully so) Sam was the one who phoned her up and told her to sell.

He got 7 years and $4.3 million... But he was involved in a LOT more than just tipping off Martha.
Edit: Hardly a slap on the wrist. Should also point out that Ken Lay was going away for a LONG time before he died and Jeff Skilling may never breathe free air again. Not everyone gets a slap on the wrist.

 
Martha Stewart is a perfect example of how the rich get richer. She loves to talk about how she built her empire from nothing. Yeah right, nothing but a property worth $5 million and two used cars. I aspire towards her kind of nothing.
 
Originally posted by: Whoozyerdaddy
Sam Waksal was the one who really got nailed in that mess. (And rightfully so) Sam was the one who phoned her up and told her to sell.

He got 7 years and $4.3 million... But he was involved in a LOT more than just tipping off Martha.
Edit: Hardly a slap on the wrist. Should also point out that Ken Lay was going away for a LONG time before he died and Jeff Skilling may never breathe free air again. Not everyone gets a slap on the wrist.

I agree, but disagree. Lay and Skilling were made examples of by a system that was under fire to do so. The rich in our great country have been getting over like rover for what...150 years, at least, right? Right.

Not exactly the same thing, but look at OJ! Guilty as sin, but freely walks the streets this very day.
 
Originally posted by: MichaelD
Originally posted by: Whoozyerdaddy
Sam Waksal was the one who really got nailed in that mess. (And rightfully so) Sam was the one who phoned her up and told her to sell.

He got 7 years and $4.3 million... But he was involved in a LOT more than just tipping off Martha.
Edit: Hardly a slap on the wrist. Should also point out that Ken Lay was going away for a LONG time before he died and Jeff Skilling may never breathe free air again. Not everyone gets a slap on the wrist.

I agree, but disagree. Lay and Skilling were made examples of by a system that was under fire to do so. The rich in our great country have been getting over like rover for what...150 years, at least, right? Right.

Not exactly the same thing, but look at OJ! Guilty as sin, but freely walks the streets this very day.

If OJ were white, I'm pretty sure he'd be getting life in prison.
 
Originally posted by: MichaelD
Originally posted by: Whoozyerdaddy
Sam Waksal was the one who really got nailed in that mess. (And rightfully so) Sam was the one who phoned her up and told her to sell.

He got 7 years and $4.3 million... But he was involved in a LOT more than just tipping off Martha.
Edit: Hardly a slap on the wrist. Should also point out that Ken Lay was going away for a LONG time before he died and Jeff Skilling may never breathe free air again. Not everyone gets a slap on the wrist.

I agree, but disagree. Lay and Skilling were made examples of by a system that was under fire to do so. The rich in our great country have been getting over like rover for what...150 years, at least, right? Right.

Not exactly the same thing, but look at OJ! Guilty as sin, but freely walks the streets this very day.

Well... the glove didn't fit soooo... 😛

My point was, in the context of this thread, that CEOs and other "rich" people who misbehave are not getting off light. Waksal, Skilling, Lay, the Adelphia guys... The list goes on and on. They aren't getting probation or suspended sentences. They are being handed 20+ year federal sentences.

Now, celebrities are a different story. OJ, Baretta (whatever his name is) and all the other druggies and shoplifters and drunk drivers in Hollywood... that drives me nuts. Tank Johnson gets to go to Florida and play football. But in the business world, things are very different now than they were just a few years ago.

If you really think about it... MS served five months for lying. "Tell us the truth, or else."
 
Originally posted by: JS80
Originally posted by: MichaelD
Originally posted by: Whoozyerdaddy
Sam Waksal was the one who really got nailed in that mess. (And rightfully so) Sam was the one who phoned her up and told her to sell.

He got 7 years and $4.3 million... But he was involved in a LOT more than just tipping off Martha.
Edit: Hardly a slap on the wrist. Should also point out that Ken Lay was going away for a LONG time before he died and Jeff Skilling may never breathe free air again. Not everyone gets a slap on the wrist.

I agree, but disagree. Lay and Skilling were made examples of by a system that was under fire to do so. The rich in our great country have been getting over like rover for what...150 years, at least, right? Right.

Not exactly the same thing, but look at OJ! Guilty as sin, but freely walks the streets this very day.

If OJ were white, I'm pretty sure he'd be getting life in prison.

Possibly, or his lawyers could have found another way to get him off.

Money and celebrity go a long way. Take for instance the cases of Robert Blake and Scott Peterson. Blake was found not guilty the same day Peterson was sentenced to death. The state had decent evidence that Blake hired someone to kill his wife, but he was acquitted. It probably helped that his wife was so unlikeable. In Peterson's case the state had very little good evidence. It was all circumstantial. He acted suspiciously, but all of that could have been easily explained. I think Peterson killed his wife, but it really amazes me that the jury was confident enough to give him the death penalty.
 
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