Martha Stewart Insider Trading Case

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The U.S. Securities and Exchange Commission (SEC) differentiate insider trading into to legal and illegal behavior. The aspect of legal conduct involves members of corporations that purchase and trade stocks of their companies. This is common practice; however all transactions must be reported to the SEC (SEC, n.d.). This essay will focus on the illegal component of insider trading. Criminal investigation of insider trading will be discussed in addition to the prosecutions of various individuals who have been convicted of insider trading. Furthermore, the federal statute of insider trading will be examined in relation to Martha Stewart’s actions in selling her ImClone stock.
In recent years the investigations concerning insider trading …show more content…

Proving criminality may be challenging because defendants may present a number of defenses. For example, defendants can assert that they were unaware that the information received was nonpublic. Additionally, defendants can argue that they did not know their trade was illegal and they may even deny having any knowledge or possession of the material information. Based on the aforementioned examples, a defendant could claim that their trade was merely a routine business transaction (Committee on the Judiciary United States Senate, …show more content…

Stewart owned 4,000 shares of ImClone stock and sold all of her shares two days prior to the FDA’s rejection of the company’s cancer treatment drug, Erbitux. The FDA’s denial of Erbitux resulted in a 16% drop in ImClone’s stock value. Stewart sold her shares based on a tip provided by her broker, Peter Bacanovic; he was also the broker for ImClone’s CEO, Sam Waksal. Bacanovic had told Stewart that Waksal was selling his $5 million in shares along with his daughter’s holdings (Leite,

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