Martha Stewart got a phone call from her broker telling her that the founder and CEO of Imclone, Sam Wachsal, was dumping his stock. As the news has explained in the past, Wachsal got advance word from the FDA that they were not going to approve his cancer drug. Wachsal knew that as soon as the FDA made its decision public, the price of shares in his company would plummet. So he dumped his stock and he personally told his father and other family members who held shares to dump theirs as well.
Sam Wachsal did NOT call Martha Stewart to tell her about it. Martha got the information from her broker. There is a quibble about whether her actual broker or his assistant "decided" to tell her but the point would be she got the tip from her stock broker.
The news reports have indicated that in normal insider trading cases, actions like Martha Stewart's are not prosecuted. Martha, being the tippee, is generally not the target of proscution. The tipper and the tipper's tipper, however, often are targeted.
For following suit on the advice of her broker (she denies that she acted on the tip but that her sale of Imclone stock was predicated on a pre-set bottom number ($60/share) which, if reached, the shares were to be dumped), the Feds appear to have decided to innovate and prosecute her for a new twist to shareholder fraud because they saw an opportunity to go after a celebrity and make her a poster girl of bad shareholder's behavior.
The Feds' most serious charge was not, in fact, that Martha committed an illegal insider trading deal. It was that by not being honest about why she dumped her Imclone stock, she harmed her own corporation's shareholders and caused them to hold onto her company's stocks to their own detriment because, as Martha Stewart's name got trashed, her own company's share value plummetted.
This most serious charge was thrown out by the judge.
What is left of her trial and is being deliberated upon by the jury is whether she
is guilty of obstruction of justice and for not telling the truth (as opposed to perjury of which she is not accused).
- Needless to say, I've had ample to time to read up on this stuff while sitting
around on my Jury Duty service .....
Bad things are good
in Bizzaro World
Edited by - Indy11 on 3/3/2004 6:59:28 PM