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The Sleazy Political Persecution of Martha
NationalPost ^ | Friday, June 06, 2003 | Alan Reynolds

Posted on 06/06/2003 4:52:30 PM PDT by fight_truth_decay

Prosecutorial bullies usually try such cases in the press and then intimidate their victims into 'settling' without bothersome due process.

Believe it or not, the government now charges Martha Stewart with "securities fraud" during that same period because she supposedly tried in vain to prop up her own stock by denying that she was guilty of the crime then charged -- insider trading. Yet the government now admits she was never guilty of that crime. Instead, she supposedly "obstructed justice" (her own threatened prosecution for a nonexistent crime) and made "false and misleading statements" about her reasons for making a perfectly legal sale of ImClone shares. Any jury of passably sane people would laugh this out of court.

It was the "sources close to a Congressional investigation" that defrauded MSO investors a year ago. That political persecution was aided and abetted by the tabloid press, notably The New York Times.

The SEC recycled this government trash and came up with a civil charge of sorts. Yet the SEC's complaint effectively refutes both its own charges and those of the government. The SEC says, "Stewart asked Faneuil for the current market price of ImClone shares and was given a quote of approximately $58 a share. Stewart then instructed Faneuil to sell." That is exactly why Stewart said she sold ImClone that day -- the price was falling fast. Faneuil's now claims he told her that the Waksal family was selling, but not why (Waksal did not say). But the SEC refutes Faneuil's new story too by saying, "Stewart then immediately called Waksal [after selling her ImClone shares], and left the following message: "Martha Stewart [called] something is going on with ImClone and she wants to know what." The fact that she had to ask that question proves Martha Stewart did not know what was going on with ImClone after talking to Faneuil and selling her shares. End of story. Case closed.

The SEC says Martha Stewart saved $45,673 by selling late on December 27 rather than on Dec. 31. SEC attorney Wayne Carlin tells reporters it was "unfair" of Martha Stewart to sell her remaining shares in ImClone so promptly (she had "unfairly" unloaded many more ImClone shares in October). But unfair is not illegal. The smart money had gotten out by Dec. 14, when ImClone was $70, and the smartest money was shorting 77 million shares by then.

It took the government a year to fabricate three new offences, all of which amount to the same charge of giving a supposedly misleading explanation for a perfectly legal stock sale. This newly refabricated case is not about illegal lying at all: Martha Stewart has not been charged with perjury. Perjury is one of the fabled "nine counts" that is not hers, but her broker's. In a more important sense, however, this case has always been about lying. There was Congressional lying a year ago about Martha Stewart's alleged tip from Sam Wacksal. And what little remains of that discarded case is now based entirely on the testimony of a proven liar, Douglas Faneuil. He says he was lying before (when he supported Stewart's recollection) but has converted to telling the truth now (when he supports the government's story). Yet this is a fellow who admits his past testimony has been for sale, and any gift Mr. Faneuil may have gotten from his boss was token change compared to being offered only a misdemeanor wrist slap and let off without even a dollar fine.

So what is Martha Stewart's crime? The New York Times, exemplifying its notoriously creative journalism, now editorializes that Martha Stewart engaged in an "illegal stock trade" and " was tipped by insiders that the Food and Drug Administration was not going to approve" Erbitux. That is just more lying from the source that spread the same lie a year ago.

In reality, Martha Stewart stands accused of saying she could not recall details of a two-minute phone conversation on Dec. 27, 2001, while the government claims to know precisely what she recalled. She also stands accused of sometimes confusing her broker with her broker's assistant. Her broker, in turn, is charged with using two different pens, quite possibly on the same day.

And Martha Stewart herself stands accused of altering a computer record of a phone call, even though she immediately "directed her assistant to return the message to its original wording." Did the government ever really intend to ask a jury to send Martha Stewart to prison for such heinous "offences against the United States"? Not likely.

Prosecutorial bullies are accustomed to trying such cases in the press and then intimidating their victims into "settling" (writing big checks) without bothersome due process. In this non-case, however, the government would be smarter to settle out of court by handing Martha Stewart a big check to compensate for a year of slanderous lies and leaks about her.

If this sleazy mess ever goes to court, the architects of the fiasco will have to sneak out of court under umbrellas to avoid journalists' embarrassing questions.

Alan Reynolds, Financial Post is a senior fellow with the Cato Institute.


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; Editorial; Extended News; Government; News/Current Events
KEYWORDS: marthastewart
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To: ggekko
her knowledge of the stock market is obviously minimal

Legal experts who doubt Stewart traded on inside information note the tiny profit motive for a woman whom Forbes estimates as worth $650 million. In addition, trading activity leaves a detailed electronic trail, leading some to doubt that Stewart, a former stock broker who also was a New York Stock Exchange director, would take such risk.

This always bothered me..she builds an empire and takes this risk for 'grocery money'?

21 posted on 06/06/2003 8:07:27 PM PDT by fight_truth_decay
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To: Nathaniel Fischer
They never stated she wasn't guilty of the crime, they just didn't want to attempt to prosecute it through the criminal courts

What part of innocent until proven guilty before a jury of your peers do you not understand? Or do you still believe in the tooth fairy, Santa Claus and the infallibility of the FBI and government prosecutors?

22 posted on 06/06/2003 8:12:28 PM PDT by AndyJackson
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To: Reelect President Dubya
"According to the "insider trading" laws, if I work for a company that I think is a really good company and tell people to buy the stock because of all the great products coming down the pike, I could be guilty of a crime. And they call this the "Land of the Free?" "

Yes, because that information doesn't belong to you, that information belongs to the owners (the same way the vault combination number doesn't belong to the president of a bank even though he "knows" it). And since trading shares on the public market creates such a large pool of owners, that information has to become available to all of them equally and at the same time.

23 posted on 06/06/2003 8:27:52 PM PDT by Tamzee ( It is useless to attempt to reason a man out of a thing he was never reasoned into. - J. Swift)
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To: ggekko
"her knowledge of the stock market is obviously minimal"

Her previous profession was as a stock broker... she knew exactly what she was doing. Additionally, a stock broker would know when she was talking to her own broker versus talking to his assistant (this article pretends that she confused the two). And she can't remember what she said in that 2 minute conversation? Given her experience, I bet she remembers the discussion even more clearly than the she remembers her recipe for Martha's Old Fashioned Ice Cubes...
24 posted on 06/06/2003 8:36:43 PM PDT by Tamzee ( It is useless to attempt to reason a man out of a thing he was never reasoned into. - J. Swift)
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To: fight_truth_decay
My pleasure! Isn't he terrific?
25 posted on 06/06/2003 8:37:25 PM PDT by RJayneJ (To nominate a Quote of the Day rjaynej@freerepublic.com or put my screen name in the To: line.)
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To: fight_truth_decay
"This always bothered me..she builds an empire and takes this risk for 'grocery money'?...."

Bingo. It makes ABSOLUTELY no sense for her to do this with the idea that her main goal was to make money. By the time Martha sold her stock there was already massive short interest against the stock.

The real insiders had sold at $70 and then took short positions TWO MONTS BEFORE Martha sold her relatively small block.
26 posted on 06/06/2003 10:14:30 PM PDT by ggekko
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To: Tamsey
Her background as a broker obviously didn't help her very much. There wer huge block sales of this stock two months before Martha sold her block and short interest increased against the stock at the same time when it was selling at $70.

Martha sold her block two months later when the stock was at $48 . If she had had real insider information on this issue she would have sold two months prior at $70 and not waited to take a bath at $48. If she really had inside information she also would have taken a short position. Why didn't she sell short if she was so sure the stock was going to crater?



27 posted on 06/06/2003 10:20:43 PM PDT by ggekko
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To: fight_truth_decay
Talk about insider trading. What did all the people in the Justice Department do about their Microsoft stock the day before the monopoly law suit was filed? Seems like if any of them dumped the stock knowing that the suit was about to be filed should be looking over their shoulders.

I put the Justice Department in the same category of respect as the IRS and NAMBLA.

If Martha was smart, she'd continue backing Hillary in the hope she can buy a pardon if she needs one just like Mark Rich.

28 posted on 06/07/2003 2:37:47 AM PDT by Lawgvr1955 (Hypocrisy!! Thy name is Government.)
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Comment #29 Removed by Moderator

To: ggekko
What did she do that Hillary didnt do ,yet they decided not to prosecute hillary
30 posted on 06/07/2003 5:22:23 AM PDT by ballplayer
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To: Digger
savemartha@aol.com Tell the friends of Martha what you think...I did.
31 posted on 06/07/2003 5:25:25 AM PDT by CroftonFreeper (Britan needs parking. Pave France.)
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To: Nathaniel Fischer
the government didn't 'admit she was never guilty of that crime' simply by refusing to seek a criminal indictment. Plus, innocent until proven guilty may apply in criminal trials, but it doesn't apply before the court of public opinion.

It is this convoluted kind of thinking that leads to a diminution of our rights. The simple statement should be, if the government has evidence of a crime, then it will seek indictment and seek to prove guilt before a jury of the defendant's peers.

Things would work a whole lot better in recent light of the escapades of the FBI and state and local prosecutors, if the public maintained a healthy dose of skepticism.

The problem is that the SEC and FBI need a carcass to nail to the wall for the financial scandals of the last so many years. Being unable, and politically unwilling, to go after the folks who defrauded the investing public of probably a couple of trillion dollars cumulatively they go an try to make an example of MS.

In my book this is no sale.

32 posted on 06/07/2003 6:04:32 AM PDT by AndyJackson
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To: AndyJackson
Being unable, and politically unwilling, to go after the folks who defrauded the investing public of probably a couple of trillion dollars cumulatively they go an try to make an example of MS.

Wait till Monday. I hear there's going to be another big indictment, probably on Monday.

33 posted on 06/07/2003 6:06:45 AM PDT by mewzilla
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To: Tamsey
And since trading shares on the public market creates such a large pool of owners, that information has to become available to all of them equally and at the same time.

If it makes you feel any better to believe that the law makes it happen this way, go ahead an believe.

But you evidently haven't got a clue what investment bankers do, and how IPOs are promoted.

34 posted on 06/07/2003 7:07:31 AM PDT by Reelect President Dubya (Drug prohibition laws help support terrorism.)
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To: ggekko
I suppose she could be considered "tight with her money" and would stoop over to pick up a nickle, but I have never heard that she is...and the NYTimes who we know now has been proven to make up the news ...works on her side...the media hung her out to dry as they followed whatever the NYTimes said (as Hillary did, great pics of her waving the NYTimes as if it were the Bible in the air)...Stewart had star power and they had a story! What got me was she came out against Rush or the Republicans and at the onstart Rush was standing by her. I just have always thought something smelled a little rotten "in the kitchen." Time will tell and I may be wrong; but as I said, she didn't become a billionaire because she was stupid! I am not caught up in the petty cheap shots on her looks or how many times she met the Clintoons. The Clintoons sucked up to everyone that was anyone. She has met everyone in that 'star powered' world, how could she not have...goes with the business territory.

Here is an interesting document/read... "Request That The Department Of Justice Investigate Whether Ms. Martha Stewart Knowingly Caused Materially False Representations To Be Made To The U.S. House Of Representatives" and hit on some of the appendix...one has 60 marked next to her name/stock..does it show she did have a target of 60 to sell? Will wait for the conclusion.

Holding my unpopular opinion,

f_t_d

35 posted on 06/07/2003 7:11:13 AM PDT by fight_truth_decay
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To: Reelect President Dubya
Remember above I said "buy on rumor [TIP]"...IPO's were also held for the best customers..you could get one if you spent big bucks with that brokerage firm or had a friend who did. But IPO's aren't all they are cracked up to be..you can't just sell unless you want to risk being left on the sidelines next time.
36 posted on 06/07/2003 7:18:06 AM PDT by fight_truth_decay
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To: AndyJackson
"Being unable, and politically unwilling, to go after the folks who defrauded the investing public of probably a couple of trillion dollars..."

Ding Ding Ding!!! We have a winner!
37 posted on 06/07/2003 7:20:46 AM PDT by headsonpikes
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To: ggekko
Martha Stewart WAS a FORMER BROKER....she is going down because she like the Clinton's figure LAWS don't apply to her and that she is another lil miss smarty pants like her mentors Hill and Bill...
38 posted on 06/07/2003 7:21:18 AM PDT by antivenom (Your momma SO fat, she whistles bass...She so fat, her dress size has an exponent...)
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To: Nathaniel Fischer
What Nathaniel said. I don't know that the gov't ever admitted she was not guilty of insider trading, now they are just going to prove whats easiest to prove.
39 posted on 06/07/2003 7:29:45 AM PDT by fml
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To: antivenom
Not only was she a former broker, but she used to sit on the NYSE board, didn't she?
40 posted on 06/07/2003 7:30:48 AM PDT by mewzilla
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