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Martha Stewart Fraud Case

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On December 27th, 2001, Martha Stewart sold her stake in a biotech company known as ImClone. Two days later, the Food and Drug Administration said it had rejected ImClone’s main drug, Erbitux, for cancer treatment, causing the company’s stock to drop by 16 percent (Leite, 2012). Sam Waksal, the CEO of Imclone, and Martha Stewart shared the same broker, Peter Bacanovic. Prior to Martha Stewart selling her shares of ImClone, Sam Waksal had let go of his $5 million stake in the company. This information alarmed Bacanovic, who then told Stewart about the transaction. While Bacanovic did not explicitly tell Stewart about the FDA’s decision on the drug, he told her that Waksal was trying to sell off his shares of the company (Fouriner, 2004). Stewart …show more content…

During the investigation, Stewart lied to the SEC and FBI, saying that she had no knowledge of Waksal’s trade and that she had sold on a standing agreement with her broker to sell if shares traded below $60. Bacanovic corroborated the story, but his assistant Faneuil eventually came forward and revealed the truth (Leite, 2012). Later, Stewart’s own assistant, Annie Armstrong, testified that Stewart had tried to change a record of Bacanovic’s phone message to her about ImClone (Leite, 2012). The charge for illegal insider trading against Martha Stewart was ultimately dropped because she had no knowledge of the FDA’s decision on the drug, but she was sentenced to five months of prison time and forced to pay a fine of $195,000 for obstruction of justice and conspiracy. Stewart’s reputation was further tarnished as she was forced to step down as CEO of her company for five years, and resign her board member status at the New York Stock Exchange (Moffatt, 2015). The conviction damaged Stewart’s career and her company as the Martha Stewart Organization’s stock fell 22.6 percent after the crisis (Torossian,

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