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¶ … Clone case came to the attention of the SEC because it involved the CEO of ImClone, Sam Waksal, who had the same stockbroker as Martha Stewart, and the two were friends. Waksal found out at about an FDA ruling that was going to negatively affect the value of ImClone shares, and sold his shares on the basis of this information. That alone is insider trading, because Waksal was in a privileged position within the company, and traded on information that had yet to be released publicly. The relationship between Waksal and Stewart, along with the broker, brought the case to the attention of the SEC. Undoubtedly, the high profiles of the individuals involved was a factor.
The specific issue here was insider trading, yet ultimately Stewart was never convicted on that. Waksal was, because he was the insider. Stewart was in a position to receive this privileged information, but she was the beneficiary of the trade, not Waksal, so her actions were not strictly insider...
Stewart ended up convicted of securities fraud, obstruction of justice and other counts. She had not been cooperative with the regulators, but they were unable to prove that she had traded on the basis of privileged information.
By law Stewart should have been prosecuted. The integrity of the financial system is of critical importance to ensuring efficient and effective capital markets. Stewart was on the board of directors of the New York Stock Exchange, so had a duty of care to the NYSE and SEC to hold the highest ethical standards. But any breach of the law is fair game for prosecution and Stewart was convicted on nine counts.
This is entirely opinion, speculative of course, but I believe that being famous did make things worse for Stewart. The SEC likely saw an opportunity to show that it was serious about enforcing the rules, and Stewart's position with the NYSE made it doubly important.…
In the present times many government officials do the same feeding of celebrities and common people. Anyone can become a target for a prosecutor's conviction record. The war on drugs has come as a bonanza for such U.S. attorneys. It is easy to get a conviction on drug charges. The defendant need not have dealt drugs or even used them. Many defendants charged plead guilty to a lesser crime
O'Hagan, the SEC could successfully bring a lawsuit against Leo for damages in connection with his purchase of the shares. Larry was not bound by fiduciary duty to Hawke. As such, the higher standard of Chiarella v. United States applies. While this 10b-5 rule applies to deliberate omission, Larry may or may not have known specifically about Leo's relationship with Hawke. Legally, however, the SEC still has recourse. The broker
Stewart and Bacanovic were convicted. But for others there are still many questions about the case and the motivations of the prosecutors. Paul Craig Roberts (2004) believes the prosecutor criminalized Stewart's exercise of her constitutional right to declare her innocence. Claiming it constituted fraud for her to declare her innocence. Nancy Shaw (2003) offers the opinion that the prosecutors charged Stewart with lying about a crime they cannot prove she committed.
Business Ethics Focus on Merrill Lynch According to Laura Hartman and her co-writer, Joe Desjardins in the work entitled "Business Ethics: Decision Making for Personal Integrity & Social Responsibility" philosophical ethics may be clearly differentiated from theological ethics because theological ethics attempted to disseminate the well-being of an individual on a religious basis while the ethics of an individual's philosophy is such that provisions of justifications that can be applied to
Even if Bristol-Squib Meyers is not directly implicated in all of the cases surrounding this issue, fears about the over all health of the industry will affect stock prices. And finally, there is increased consumer outrage about drug costs and pressure to change current regulations about providing effective health care to Americans. Whatever the long-term impact upon the industry, the government is likely to have to devote considerable resources
Insider Trading On June 4, 2003, the Securities Exchange Commission announced that it was pursuing charges against investor Martha Stewart and stock broker Peter Bacanovic for securities fraud. The fraud occurred on December 27, 2001 when Stewart sold stock in ImClone Systems, after receiving an unlawful tip from Bacanovic, who at the time was working for Merrill Lynch. The SEC also accused the two of attempting to cover up the insider