Martha Stewart ImClone Stock

ImClone scandal

Federal indictments and trial

In 2002, Stewart was under investigation for alleged insider trading for selling 3,928 shares of ImClone Systems on December 27, 2001 — an allegation that has never been substantiated nor prosecuted in a court of law. On December 28, the Food and Drug Administration announced it would not review ImClone’s application for Erbitux, which the company touted as a promising cancer drug. ImClone’s stock plunged over 70% in the month after the news came out. Stewart has been a friend of ImClone founder Samuel Waksal, who has since pleaded guilty to six counts of wrongdoing related to insider trading before the announcement. On June 6, 2002, the U.S. House Energy and Commerce Committee, which was already investigating dubious ImClone trading, announced that it was probing Stewart’s stock sale. On October 3, 2002, Stewart resigned from the board of directors of the New York Stock Exchange. Through all the investigation and allegation, Stewart kept her public persona intact, focusing on her homemaking specialties and downplaying or ignoring the increasing clamor for answers about her role in the scandal.

On June 4, 2003, a federal grand jury in Manhattan indicted Stewart and her former broker Peter Bacanovic on nine criminal counts from the Securities and Exchange Commission (SEC). By selling when she did, the government alleged Stewart avoided losses of $45,673. The charges included securities fraud, obstruction of justice, and conspiracy. Stewart was not indicted on the original charge of insider trading, but only for the coverup that ensued. Stewart maintained her innocence, pleading not guilty, saying she had a standing order with Bacanovic to sell her shares if ImClone stock fell below $60. Stewart resigned as CEO and chairman of Martha Stewart Living Omnimedia on the same day she was indicted, but remained on the company’s board.

The day after her indictment, Stewart took out a full-page advertisement in USA Today and launched a website with an open letter of defense “to my friends and loyal supporters.” She said, “I want you to know that I am innocent — and that I will fight to clear my name… The government’s attempt to criminalize these actions makes no sense to me… I am confident I will be exonerated of these baseless charges.”

The SEC later filed a related civil suit against Stewart with charges of insider trading. Stewart’s trial was initially set for January 12, 2004, at the request of her lawyers who said they needed plenty of time to analyze the evidence. The trial eventually began on January 20 In New York City presided over by U.S. District Judge Miriam Goldman Cedarbaum. During the trial, Stewart maintained her innocence.

On February 27, 2004, Judge Cederbaum threw out the charge of securities fraud against Stewart. This was the most serious charge; it could have led to up to 10 years in prison with a million dollar fine. The judge called the charge “unfounded” and said that “no jury could feasibly find it to be accurate.”

On March 5, 2004, Stewart was found guilty by a jury of eight women and four men on all four remaining counts against her: conspiracy, obstruction of justice, and two counts of making false statements. [2] (http://money.cnn.com/2004/03/05/news/companies/martha_verdict/index.htm) The maximum sentence for these convictions combined is 20 years in prison, though it is unlikely she will serve the maximum. The jury deliberated for three days following the five-week trial before reaching its verdict. Sentencing was set for June 17. Following Stewart’s conviction, a message was posted on her website, reading, in part, “I am obviously distressed by the jury’s verdict but I continue to take comfort in knowing that I have the confidence and enduring support of my family and friends. I will appeal the verdict and continue to fight to clear my name. I believe in the fairness of the judicial system and remain confident that I will ultimately prevail.”

Fallout after conviction

On March 8, 2004, Viacom pulled Martha Stewart Living from its CBS and UPN affiliates, after having moved the show during Stewart’s trial from prime daytime timeslots into less desirable early-morning slots (e.g., 2:05am in New York). [3] (http://www.detnews.com/2004/entertainment/0403/09/f03-85522.htm) On March 15, Martha Stewart resigned from the board of Martha Stewart Living Omnimedia as a result of the conviction. On May 18, MSO announced that the television show that had started the company, Martha Stewart Living, was going on hiatus, with no announced date of return.

In an unrelated matter, Stewart faced more legal trouble in February 2004 as her company, Martha Stewart Living Omnimedia, was sued by Kmart for allegedly “double-counting” royalty payments and advertising spending. The companies signed a seven-year deal in 2001 to market Martha Stewart Everyday brand home decorating, garden products, and housewares through Kmart stores. Kmart filed for bankruptcy protection seven months later and has since closed 600 of its 2,100 stores. On April 26, 2004, Kmart withdrew its lawsuit, having reached an agreement with Martha Stewart Living Omnimedia to amend the terms of the June 2001 contract and to extend it through 2009.

On May 21, 2004, Larry Stewart (no relation), a United States Secret Service lab director who testified for the government against Martha Stewart, was charged with two counts of perjury. Stock in Martha Stewart Living Omnimedia jumped as much as 23% on the news. Larry Stewart was an expert witness about the ink on a broker’s worksheet, testifying that the note about selling Imclone shares when it dropped below $60 was different from the rest of the ink on the document. The charges arose when Susan Fortunato, a USSS coworker, complained that she had in fact done the analysis and that it had never been examined by Stewart. Although the jury at the perjury trial felt that Larry Stewart had taken unfair credit for the work done, it did not amount to perjury and he was found not guilty on October 5, 2004. The jury had trouble believing Fortunato, feeling that she had an axe to grind with Stewart.

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