The Law

UNITED STATES CODE
CONSPIRACY
PENALTY:
Up to 5 years


Martha Stewart:
One count

Peter Bacanovic:
One count
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
Chapter 19 - Conspiracy

Section 371. Conspiracy to commit offense or to defraud United States.

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.

If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.

FALSE STATEMENTS
PENALTY:
Up to 5 years


Martha Stewart:
Two counts

Peter Bacanovic:
One count
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
Chapter 47 - Fraud and False Statements

Section 1001. Statements or entries generally

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully

    (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
    (2) makes any materially false, fictitious, or fraudulent statement or representation;

shall be fined under this title or imprisoned not more than 5 years, or both.
FALSE DOCUMENTS
PENALTY:
Up to 5 years


Peter Bacanovic:
One count
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
Chapter 47 - Fraud and False Statements

Section 1001. Statements or entries generally

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully

    (2) makes any materially false, fictitious, or fraudulent statement or representation;
    (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;

shall be fined under this title or imprisoned not more than 5 years, or both.
PERJURY
PENALTY:
Up to 5 years


Peter Bacanovic:
One count
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
Chapter 79 - Perjury

Section 1621. Perjury generally.

Whoever -

    (1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or

    (2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;

is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.
OBSTRUCTION
PENALTY:
Up to 5 years


Martha Stewart:
One count

Peter Bacanovic:
One count
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
Chapter 73 - Obstruction of justice.

Section 1505. Obstruction of proceedings before departments, agencies, and committees.

Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or

Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress -

Shall be fined under this title or imprisoned not more than five years, or both.

Chapter 1 - General provisions.

Section 2. Principals.

(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.

(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.

SECURITIES FRAUD
PENALTY:
Up to 10 years


Martha Stewart:
One count
TITLE 15 - COMMERCE AND TRADE
Chapter 2B - Securities Exchanges

Section 78j. Manipulative and deceptive devices

It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce or of the mails, or of any facility of any national securities exchange -

    (a)
      (1) To effect a short sale, or to use or employ any stop-loss order in connection with the purchase or sale, of any security registered on a national securities exchange, in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors.

      (2) Paragraph (1) of this subsection shall not apply to security futures products.
    (b) To use or employ, in connection with the purchase or sale of any security registered on a national securities exchange or any security not so registered, or any securities-based swap agreement (as defined in section 206B of the Gramm-Leach-Bliley Act), any manipulative or deceptive device or contrivance in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors.
Rules promulgated under subsection (b) of this section that prohibit fraud, manipulation, or insider trading (but not rules imposing or specifying reporting or recordkeeping requirements, procedures, or standards as prophylactic measures against fraud, manipulation, or insider trading), and judicial precedents decided under subsection (b) of this section and rules promulgated thereunder that prohibit fraud, manipulation, or insider trading, shall apply to security-based swap agreements (as defined in section 206B of the Gramm-Leach-Bliley Act) to the same extent as they apply to securities. Judicial precedents decided under section 77q(a) of this title and sections 78i, 78o, 78p, 78t, and 78u-1 of this title, and judicial precedents decided under applicable rules promulgated under such sections, shall apply to security-based swap agreements (as defined in section 206B of the Gramm-Leach-Bliley Act) to the same extent as they apply to securities.

Section 78ff. Penalties

    (a) Willful violations; false and misleading statements
    Any person who willfully violates any provision of this chapter (other than section 78dd-1 of this title), or any rule or regulation thereunder the violation of which is made unlawful or the observance of which is required under the terms of this chapter, or any person who willfully and knowingly makes, or causes to be made, any statement in any application, report, or document required to be filed under this chapter or any rule or regulation thereunder or any undertaking contained in a registration statement as provided in subsection (d) of section 78o of this title, or by any self-regulatory organization in connection with an application for membership or participation therein or to become associated with a member thereof which statement was false or misleading with respect to any material fact, shall upon conviction be fined not more than $1,000,000, or imprisoned not more than 10 years, or both, except that when such person is a person other than a natural person, a fine not exceeding $2,500,000 may be imposed; but no person shall be subject to imprisonment under this section for the violation of any rule or regulation if he proves that he had no knowledge of such rule or regulation.

    (b) Failure to file information, documents, or reports
    Any issuer which fails to file information, documents, or reports required to be filed under subsection (d) of section 78o of this title or any rule or regulation thereunder shall forfeit to the United States the sum of $100 for each and every day such failure to file shall continue. Such forfeiture, which shall be in lieu of any criminal penalty for such failure to file which might be deemed to arise under subsection (a) of this section, shall be payable into the Treasury of the United States and shall be recoverable in a civil suit in the name of the United States.

    (c) Violations by issuers, officers, directors, stockholders, employees, or agents of issuers
      (1)
        (A) Any issuer that violates subsection (a) or (g) of section 78dd-1 of this title shall be fined not more than $2,000,000.

        (B) Any issuer that violates subsection (a) or (g) of section 78dd-1 of this title shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Commission.


      (2)
        (A) Any officer, director, employee, or agent of an issuer, or stockholder acting on behalf of such issuer, who willfully violates subsection (a) or (g) of section 78dd-1 of this title shall be fined not more than $100,000, or imprisoned not more than 5 years, or both.
        (B) Any officer, director, employee, or agent of an issuer, or stockholder acting on behalf of such issuer, who violates subsection (a) or (g) of section 78dd-1 of this title shall be subject to a civil penalty of not more than $10,000 imposed in an action brought by the Commission.

    (3) Whenever a fine is imposed under paragraph (2) upon any officer, director, employee, agent, or stockholder of an issuer, such fine may not be paid, directly or indirectly, by such issuer.
    Domestic diva Martha Stewart and her stockbroker, Peter Bacanovic, stand trial for conspiracy, perjury, securities fraud and obstruction of the investigation into the sale of her stock in ImClone, a biotech firm.
   
    Case background
Full coverage
   
    Prison living
   
    Two sides of the story
   
    Case timeline
   
    8 women, 4 men
   
    Federal statutes
   
    Martha Stewart
Peter Bacanovic
Douglas Faneuil
The lawyers
The judge
   
    Discuss the case
   
    Rochelle Steinhaus
Courttv.com's trials editor discusses the case
Gerald Lefcourt
Defense lawyer analyzes the Stewart scandal
   
    Verdict Sheet
Jurors had to fill out this form when they decided their verdict.
New Indictment
After the judge tossed the securities fraud charge against Martha Stewart, count nine was dropped from the original indictment.
Original Indictment
This federal indictment charges Martha Stewart and her financial advisor, Peter Bacanovic, with nine counts (PDF)
Defense's Argument
An excerpt from this motion filed by the defense outlines Martha Stewart's side of the story.
E-mail Exhibits
E-mails from Bacanovic and his assistant on the day of Martha Stewart's trade were turned over to federal authorities.
Waksal's Phone Log
Former ImClone CEO turned over these message logs, which show calls from Martha Stewart on the day she sold her stock.
Faneuil Information
Bacanovic's assistant, Douglas Faneuil, was charged with these misdemeanor counts but later cut a deal.
Waksal Complaint
Read the charges filed by the SEC against Samuel Waksal, who is now serving an 87-month prison sentence.
   
 

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