Monday, June 16, 2003
Distracted!
NOISE
On June 4, 2003, the Securities and Exchange Commission filed charges against Martha Stewart, Chairman and CEO of Martha Stewart Living Omnimedia, Inc., and Peter Bacanovic, a former registered representative associated with Merrill Lynch, Pierce, Fenner, and Smith Incorporated, for illegal insider trading. The Commission's Complaint, filed in the United States District Court for the Southern District of New York, alleges that Stewart sold stock in a biopharmaceutical company, ImClone Systems, Inc., on December 27, 2001, after learning material, nonpublic information communicated from Bacanovic, who was Stewart's stockbroker at the time. Bacanovic's tip was that then-ImClone CEO Samuel Waksal and his daughter had instructed Merrill Lynch to sell all of their ImClone stock held at Merrill Lynch. At the time, according to the Complaint, ImClone and the market were awaiting an imminent decision from the U.S. Food and Drug Administration on one of ImClone's key products, a cancer treatment called "Erbitux."
After the investigation into Stewart's ImClone trade commenced, Stewart tampered with and altered an important piece of evidence. On or about January 30, 2002, Stewart, after completing a phone call with her attorney just days before she was scheduled to meet with the USAO, FBI and Commission staff, altered the electronic text of the message left for her by Bacanovic on the morning of December 27, 2001. Stewart changed the message from its original text that "Peter Bacanovic thinks ImClone is going to start trading downward," to "Peter Bacanovic re: ImClone." Shortly after she altered the message, Stewart instructed her assistant to return the message to its original form.
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