For: Martha Stewart Case Summary
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Martha Stewart Case Summary Video
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Decided Sept. Robert B. Barnhouse and Robert E. Cahill, Baltimore, Md. Charles G. Bernstein, Asst. George Beall, U. Crowe, Asst.After she served her time at the federal prison camp, she was placed on two additional years of supervised release, a portion of which she spent in home confinement. What was her crime? The case was all about insider trading. What Is Insider Trading?
But by http://pinsoftek.com/wp-content/custom/stamps/truth-in-a-streetcar-named-desire.php most basic definition, insider trading is the trading of a public company's stock or other securities by individuals with access to nonpublic or insider information about the company. But it can also include illegal actions of individuals attempting to benefit from a trade Martha Stewart Case Summary on that inside information. Legal and Illegal Insider Trading Legal insider trading is a common occurrence among employees who hold stock or stock options.
Insider trading is legal when these corporate insiders trade stock of their own company and report these trades to the U. Under these rules, insider trading is not secretive as the trade is made publicly. Legal insider trading is but a few steps away from its illegal counterpart. Insider trading becomes illegal when a person bases their trade of securities of a public company on information that the public does not know. Not only is it illegal to trade your own stock in a company based on this insider information, but it is also illegal to provide another person with that information, a tip so to speak, so they may take action with their own Martha Stewart Case Summary holdings using that information.
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Most simply put, illegal insider trading is believed to destroy this level playing field. Acting upon an insider stock tip is exactly what Martha Stewart was charged with. Let's take a look at her case.
However, she was not the only one who benefitted from a quick sale. Identifying and proving the illegal case of insider trading against Waskal was easy for regulators; Waksal attempted to avoid a loss based on the nonpublic knowledge of the FDA's decision, which he knew would hurt the stock's value and did not comply with the Security Exchange Commission's SEC rules to do so.
Explain the Utilitarian & Deontological Aspects of Informational Privacy for Employers & Employees
Stewart's case proved to be more Sumamry. While Stewart had certainly made a suspiciously timely sale of her stock, regulators would have to prove that she had acted on insider information to avoid the loss. Over the course of the investigation and trialit came to light that Stewart had acted on a piece of nonpublic information, but that the information was not explicit knowledge of the FDA's decision about ImClone's drug Martha Stewart Case Summary. Stewart had actually acted upon a tip from her Merrill Lynch broker, Peter Bacanovic, who also worked with Waskal.
Bacanovic knew that Waskal was attempting to unload his large stake in his company, and while he did not http://pinsoftek.com/wp-content/custom/stamps/literal-symbolism-in-hamlet.php precisely why, he tipped Stewart off on Waksal's actions which lead to the selling of her shares. For Stewart to be charged with insider trading, it would have to be proved that she acted upon nonpublic information. Had Stewart traded based on knowledge of the FDA decision, the case would have been strong, but Stewart only knew that Waskal had sold his shares. To build a strong insider trading case then, it would have to be proved that the sale violated some duty of Stewart's to refrain from trading based on the information.
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Not being a board member or otherwise affiliated with ImClone, Stewart did not hold such a duty. She did, however, act on a tip that she knew breached her broker's duty. In essence, it could be proved that she knew her actions were questionable at the very least and illegal at the worst. Ultimately, these unique facts surrounding the case against Stewart led to prosecutors to focus on the series of lies Stewart told to cover the facts surrounding her trade.
Stewart was sentenced to 5 months of prison time for obstruction of justice and conspiracy after the insider trading charges were dropped and securities fraud charges dismissed. Punishments and Rewards Associated With Insider Trading According to the SEC website, there are almost civil enforcement actions Martha Stewart Case Summary year against individuals and companies that break securities laws.
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Insider trading is one of the most common laws broken. The punishment for illegal insider trading depends on the situation. A person can be fined, banned from sitting on the executive or board of directors of a public company, and even jailed.]
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