Preview

Martha Stewart Case Summary

Powerful Essays
Open Document
Open Document
2139 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Martha Stewart Case Summary
CASE ANALYSIS

THE CASE OF MARTHA STEWART

FACTS

Beginning with a small catering business in the 1970s, Martha Stewart built a vast media conglomerate spanning books, magazines, television, radio and the internet, devoted to providing helpful tips with the sign-off: “It's a good thing”. After her company, Martha Stewart Living Omnimedia, (MSL) went public in late 1999; her stake was briefly worth more than $1 billion. (New Yorker, 2003) 1
However, she was confronted with a far greater challenge in 2003, an investigation for her personal stock trading by the Justice Department and the Securities Exchange Commission. Starting in 2002 her career was rocked by a scandal involving her sale of shares in a drug company days before its application
…show more content…
The broker, who was also Martha Stewart's broker, told his assistant to phone Stewart. 4 The assistant left Stewart a message about Waksal's sales, suggesting she might do the same. Stewart called the broker back and ordered him to sell. 5
"ImClone stock plummeted and Waksal was investigated. The SEC learned of Stewart's sale, and called Stewart to a formal interview. Before the interview, Stewart and her broker conspired to lie. Rather than admitting that the broker gave Stewart an inside tip, they invented a story of a "standing sell order." Stewart gave this story to the government in formal interviews.6 After a lengthy investigation, Stewart on was convicted on various charges on June 4, 2002, although not for insider trading." The SEC investigation concluded that on June 6, 2002 Stewart learned the Wall Street Journal intended to do a story mentioning her December 27, 2001 sale of her ImClone shares. Intending to disseminate false information, Stewart had her New York attorneys give the Wall Street Journal a false, misleading statement that hid the fact that she had been given the tip about Waksal’s sale of his stock and that she sold her shares knowing what Waksal’s was doing. The attorneys duly repeated the tale of the pre-set sale order and the Wall Street Journal then duly reported this item on June 7.
…show more content…
Given Stewart’s links to the ImClone mess, MALO stock fell over 5% that day. After the trading closed that day, there was an apparent effort to shore up the price. Stewart issued a public statement which hid the fact that she had known about Waksal’s sales when she dumped her ImClone stock. She also repeated her story of the standing sale order, and claimed her telephone call to her broker on December 27 merely “reiterated” her instructions to sell her stock. Finally, she insisted she did not have any nonpublic information about ImClone when selling her

You May Also Find These Documents Helpful

  • Good Essays

    "In 2002, the Securities and Exchange Commission announced that Martha Stewart was under investigation for insider trading. She had sold 3,928 shares of ImClone Systems in December 2001, just before the Food & Drug Administration announced that it was scuttling ImClone's application to sell a new so-called wonder drug. It looked like classic insider trading, and it probably was, but oddly the feds never proved this in court, or even tried to prove it. Instead, they charged Stewart with four crimes (conspiracy, obstruction of justice, and two counts of making false statements to federal agents), all stemming from her conversations with investigators. A jury found her guilty, and she was sentenced to five months in prison. Under federal law,…

    • 159 Words
    • 1 Page
    Good Essays
  • Best Essays

    Audit and Soups Inc.

    • 4884 Words
    • 20 Pages

    Rothfeld, M., S. Patterson, and J. Bunge. 2012. Red Flags at Failed Broker. Wall Street Journal…

    • 4884 Words
    • 20 Pages
    Best Essays
  • Satisfactory Essays

    Stewart just sold the rights to the company she created from a farmhouse kitchen for $353 million to Sequential Brands. She will get half in cash and half in stocks. Since she is taking half her payday in stock, it is likely that while Stewart may not be at the helm of the company, the Martha Stewart brand has a lot of life left in it.…

    • 436 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Student Debt Case Summary

    • 455 Words
    • 2 Pages

    Furthermore, just last month, Senator Warren requested an SEC probe into Navient, suspecting insider trading when a share sale occurred under allegedly suspicious…

    • 455 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    violated a Civil Law by engaging in insider trading. Being the one to organize the…

    • 674 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Jon Lebed

    • 393 Words
    • 2 Pages

    In this case study we learn about Jonathan Lebed, at 15 years old, the youngest person during that time and the first minor to ever to face proceedings by the SEC for stock-market fraud. In 2000, Jonathan Lebed caused chaos in the stock trading industry and was accused of “pumping and dumping” stocks over the Internet. Between September 1999 and February 2000 Lebed made hundreds of thousands of dollars by posting in internet chat rooms and on message boards encouraging people to buy penny stocks he already owned, thus, according to the SEC, artificially raising the price of the stock. Lebed was found guilty by the SEC of wrong doing under Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5 which addresses fraud in the use on interstate commerce. Under these acts it is unlawful for a person to intentionally provide false statements for the purposes of deceiving buyers. The SEC settled with him for a $285,000 of his earnings. His actions proved that the Internet could be a very powerful tool for fraud.…

    • 393 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Inside the Meltdown

    • 490 Words
    • 2 Pages

    The stock of a global investment company, Bear Stearns, began to drop drastically on March 10th, 2008. A share of Bear Stearns was as high as $171 and by the afternoon dropped to $57. Former CEO of the company, Ace Greenberg, tells CNBC that all of these rumors are “ridiculous.” As time goes on, Bear Stearns’ cash reserves were disappearing and people invested in the company were immediately withdrawing. Bear Stearns was basically racing to find a company to buy them out or they would go under. Current CEO of Bear Stearns, Alan Schwartz, got ahold of JP Morgan’s CEO, Jamie Dimon, to buy out Bear. A ton of government officials come to Bear to look over their records and it is not a pretty sight. Bear was deep in toxic assets. The Federal Reserve was prohibited from lending any money to Bear so they used JP Morgan to bail out Bear Stearns. Unfortunately the company could not be saved and Bear Stearns was gone after being sold to JP Morgan at $2 per share.…

    • 490 Words
    • 2 Pages
    Good Essays
  • Good Essays

    small amount of money so important to them, especially Ms. Stewart, who was a multi-…

    • 558 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Martha Stewart Fraud Case

    • 374 Words
    • 2 Pages

    In 2003, Martha Stewart was facing prison time and her empire in domestic art was at risk because of “nine-count federal indictment” which she was charge will “perjury and conspiracy” because of a “high profile stock trading scandal” (Hurtado, N. P. (n.d.). James Comey, a U.S. Attorney, said that “she brought trouble on herself and her company by lying to her shareholders and investors in an attempt to cover her tracks and keep her stock from plummeting” (Hurtado, N. P. (n.d.). Comey believe that the criminal case was all about lying and he said that Martha is being prosecuted for what she did and not who she is. When she went to court she plead not guilty. Stewart was also charge with “securities fraud stemming” (Hurtado, N. P. (n.d.).,…

    • 374 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The key parties of this situation would be Stewart and myself. Even though I think telling Stewart about Waksal is unethical, following Baconivic’s orders and telling her would put her at an advantage because she would be able to sell her ImClone stocks before the rest of the shareholders could. Even though she could use the Waksal information for her advantage, she would be putting herself in jeopardy with the law. Following Baconivic’s orders would also make me look better in front of him and he could possibly help me get a higher positioned job in the future. For myself, if I know telling Stewart is unethical and I still do it, I am going against my own moral values. By doing so, I am complying with Albert Carr’s way of thinking about business and personal ethics being separate. I would be complying with Carr’s thinking because I would be following Baconivic’s orders even though it goes against my own values. If I don’t listen to Baconivic, I could risk losing my job at the company. By doing so, it could put a halt in my career.…

    • 607 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    LaThis article found in the Wall Street Journal applies to insider trading. Thomas Conradt and David Weishaus bought shares of SPSS Inc. after illegally discovering about their near future acquisition of IBM. They believe Conradt was informed by his roommate at the time in 2009. Conradt then informed Weishaus but asked him to keep quiet claiming “we gotta keep this in the family” and “I don’t want to go to jail”. The two men were arrested last Thursday, November 29, 2012. It is believed that Conradt, Weishaus and three other brokers made more than one million dollars from the information. They each face up to twenty years in prison.…

    • 277 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Merril Lynch tipped off the Securities & Exchange commission to report the possibility of insider trading on Imclong, and launched the joint investigation with the FBI into whether or not Ms. Stewart committed a crime. I believe that Martha Stewart was guilty of insider trading, lying and conspiring to lie, in order to protect their money.…

    • 452 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    "I 'll be back ….I 'm not afraid. Not afraid whatsoever. I 'm very sorry it had to come to this." (Gasparino, 22). Those were the words that Martha Stewart said on the courthouse steps on July 16, 2004, as she had just been sentenced to five months in prison. A defiant Martha Stewart was trying to instill confidence in her stock holders and save a sinking ship, her company, Martha Stewart Living Omnimedia Incorporated (MSO). That day her companies stock closed at $ 12.25 a share a 36 % jump. (www.forbes.com) Therefore as one asks the question; as a CEO did Martha Stewart handle the indictment responsibly; you could easily argue that at least on that day she did. She made her shareholders a bunch of money. Isn 't that the bottom-line, isn 't that what a CEO is supposed to do? If you take Martha Stewarts 's actions from when she got indicted to the day she walked out of prison and ask the same question again you will find out the answer is yes and no. Now I 'm not trying to ride the fence here but I will take this question and ask it again and again in chronological order and you will start to notice "a tale of two Marthas" as she goes from saving her skin to trying to save her company.…

    • 1887 Words
    • 8 Pages
    Better Essays
  • Better Essays

    Tyco. WorldCom. These companies created an environment of public mistrust of big corporations. Lives were destroyed; life savings depleted, and at the end, seemingly light punishments, if any were given to responsible parties. There was no tolerance for continued corporate impropriety. Martha Stewart sold almost 4000 (exactly 3,928) shares of her personally owned stock of ImClone in December 2001. The perception of wrong-doing came about as it related to Food and Drug Administration (FDA) disapproval of an ImClone drug. A friend of Stewart, and ImClone executive, indicated to her that the FDA would not approve the drug. Martha Stewart subsequently sold her shares of the depreciating stock, avoiding a sizeable loss. Stewart maintained that there was a pre-existing agreement with her portfolio manager to sell the stock when its value fell to $60 dollars a share, and that the FDA decision and her actions were…

    • 1192 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Martha Stewart

    • 2960 Words
    • 12 Pages

    Martha Stewart is the founder of Martha Stewart Living Omnimedia, L.L.C. (MSLO). Since Martha is an icon known for her imagination and creativity, no wonder that it is reflected in her products. They are comparable to the top brands in the country, which shows her class. MSLO is comprised of four business units. They are Publishing, Internet, Broadcasting and Merchandising. Its headquarters is in New York and it employs approximately 760 people with annual turnover of $327.9 million dollars (Martha-Stewart-Living-Omnimedia,-Inc.).…

    • 2960 Words
    • 12 Pages
    Powerful Essays