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The Law
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UNITED STATES CODE |
| CONSPIRACY |
PENALTY: Up to 5 years
Martha Stewart: One count
Peter Bacanovic: One count
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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.
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FALSE STATEMENTS |
PENALTY: Up to 5 years
Martha Stewart: Two counts
Peter Bacanovic: One count
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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.
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FALSE DOCUMENTS |
PENALTY: Up to 5 years
Peter Bacanovic: One count
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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.
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PERJURY |
PENALTY: Up to 5 years
Peter Bacanovic: One count
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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.
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OBSTRUCTION |
PENALTY: Up to 5 years
Martha Stewart: One count
Peter Bacanovic: One count
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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.
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SECURITIES FRAUD |
PENALTY: Up to 10 years
Martha Stewart: One count
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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
(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.
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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.
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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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