Verified Document

Martha Stewart's Legal Troubles As Research Paper

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. Shaw's theorizes that the reason for this is to make an example out of a celebrity's small infractions, comprising widely accepted business practices, trumped into allegations of wrongdoing and manipulation.

Joan Hemingway (2007) asserts the system and enforcement of insider trading regulations present opportunities for selective enforcement and the exercise prosecutorial bias. These prospects for selectivity and bias are due to the unclear and imprecise substance of the insider trading regulation and the unrestricted nature of the overlapping enforcement processes. Because of this, the potential for an actual witch hunt exists in which trading regulations may be used as a tool in a goal-oriented process to root out and punish market participates in accordance with a social, political, or economic agenda. Hemingway (2007) believes the Stewart case only emphasizes the need to assemble additional information regarding selectivity and bias in insider trading enforcement and institute reform.

References

Hemingway, J.M. (2007). Martha Stewart's legal troubles. Durham, NC: Carolina Academic Press.

Hoffman, D. (2007, Summer). Martha Stewart's Insider trading case: A practical application of rule 2.1. Georgetown journal of legal ethics. BNET. Retrieved September 3, 2010, from http://findarticles.com/p/articles/mi_qa3975/is_200707/ai_n19511828/pg_2/?tag=content;col1

Kennon, J. (NDI). Understanding insider trading: definition, history, and punishment. About.com. The New York Times Company. Retrieved September 4, 2010, from http://beginnersinvest.about.com/cs/newinvestors/a/102702a.htm

NAI. (2004, March 9)....

Musings on Martha. In Our Opinion. Center for Individual Freedom. Retrieved September 4, 2010, from http://www.cfif.org/htdocs/freedomline/current/in_our_opinion/musings_on_martha.htm.
Rawls, K, L. (2009). Martha Stewart and insider trading. Faculty publications and presentations, Liberty University School of Business. DigitalCommons@ Liberty University. Retrieved September 4, 2010, from http://digitalcommons.liberty.edu/cgi/viewcontent.cgi?article=1002&context=busi_fac_pubs

Richman, S. (2003, September). The fraud of insider-trading law, part 1. The Future of Freedom Foundation. Retrieved September 4, 2010, from http://www.fff.org/freedom/fd0309c.asp

Roberts, P.C. (2004, February 4). Fake crimes. LewRockwell.com. Creators Syndicate. Retrieved September 5, 2010, from http://www.lewrockwell.com/roberts/roberts29.html

Salceda, I.E., & Rodda, B. (1998). Getting the appropriate misappropriators: An analysis of the Supreme Court's decision in United States v. O'Hagan. About.com. Wilson, Sonsini, Goodrich, & Rosati. Retrieved September 4, 2010, from http://beginnerinvest.about.com/gi/o.htm?zi=1/XJ&Ti=1&sdn= http://beginnersinvest & cdn=money&tm=190&gps=503_313_0_0&f=00&su=p649.3.336.ip_&tt=2&bt=1&bts=0&zu=http%3A//www.law.com/.regionals/ca/briefing/wilson/wilson21.html

Shaw, N. (2003) Martha Stewart does insider trading. Social text, Vol.21 Issue 4, 51-67. Retrieved September 4, 2010, from http://web.ebscohost.com/ehost/detail?vid=6&hid=17&sid=7bb9684e-b8d5-4a2b-8a59-e63415e80d72%40sessionmgr12&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=aph&AN=12173672#db=aph&AN=12173672

U.S. Securities and Exchange Commission (2006, August 7)Martha Stewart and Peter Bacanovic agree to settle SEC insider trading charges. SEC v. Martha Stewart and Peter Bacanovi, 03 Civ. 4070 (RJH) (S.D.N.Y.). Retrieved September 4, 2010, from http://www.sec.gov/litigation/litreleases/2006/lr19794.htm

Sources used in this document:
References

Hemingway, J.M. (2007). Martha Stewart's legal troubles. Durham, NC: Carolina Academic Press.

Hoffman, D. (2007, Summer). Martha Stewart's Insider trading case: A practical application of rule 2.1. Georgetown journal of legal ethics. BNET. Retrieved September 3, 2010, from http://findarticles.com/p/articles/mi_qa3975/is_200707/ai_n19511828/pg_2/?tag=content;col1

Kennon, J. (NDI). Understanding insider trading: definition, history, and punishment. About.com. The New York Times Company. Retrieved September 4, 2010, from http://beginnersinvest.about.com/cs/newinvestors/a/102702a.htm

NAI. (2004, March 9). Musings on Martha. In Our Opinion. Center for Individual Freedom. Retrieved September 4, 2010, from http://www.cfif.org/htdocs/freedomline/current/in_our_opinion/musings_on_martha.htm.
Rawls, K, L. (2009). Martha Stewart and insider trading. Faculty publications and presentations, Liberty University School of Business. DigitalCommons@ Liberty University. Retrieved September 4, 2010, from http://digitalcommons.liberty.edu/cgi/viewcontent.cgi?article=1002&context=busi_fac_pubs
Richman, S. (2003, September). The fraud of insider-trading law, part 1. The Future of Freedom Foundation. Retrieved September 4, 2010, from http://www.fff.org/freedom/fd0309c.asp
Roberts, P.C. (2004, February 4). Fake crimes. LewRockwell.com. Creators Syndicate. Retrieved September 5, 2010, from http://www.lewrockwell.com/roberts/roberts29.html
Salceda, I.E., & Rodda, B. (1998). Getting the appropriate misappropriators: An analysis of the Supreme Court's decision in United States v. O'Hagan. About.com. Wilson, Sonsini, Goodrich, & Rosati. Retrieved September 4, 2010, from http://beginnerinvest.about.com/gi/o.htm?zi=1/XJ&Ti=1&sdn= http://beginnersinvest & cdn=money&tm=190&gps=503_313_0_0&f=00&su=p649.3.336.ip_&tt=2&bt=1&bts=0&zu=http%3A//www.law.com/.regionals/ca/briefing/wilson/wilson21.html
Shaw, N. (2003) Martha Stewart does insider trading. Social text, Vol.21 Issue 4, 51-67. Retrieved September 4, 2010, from http://web.ebscohost.com/ehost/detail?vid=6&hid=17&sid=7bb9684e-b8d5-4a2b-8a59-e63415e80d72%40sessionmgr12&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=aph&AN=12173672#db=aph&AN=12173672
U.S. Securities and Exchange Commission (2006, August 7)Martha Stewart and Peter Bacanovic agree to settle SEC insider trading charges. SEC v. Martha Stewart and Peter Bacanovi, 03 Civ. 4070 (RJH) (S.D.N.Y.). Retrieved September 4, 2010, from http://www.sec.gov/litigation/litreleases/2006/lr19794.htm
Cite this Document:
Copy Bibliography Citation

Related Documents

Martha Stewart Living
Words: 1154 Length: 4 Document Type: Essay

MSLO Events Current Events for Martha Stewart Living Incorporated in 1997, though in many ways in existence since the early 1980s, Martha Stewart Living Omnimedia has had a fairly eventful life for a corporation despite the brevity of its history. Built as it is around the knowledge, creativity, personality, and actions of its driving force and namesake, it is perhaps understandable that many of the events that have impacted the company and/or

Accounting Company 1: Vertis, Inc.
Words: 824 Length: 3 Document Type: Term Paper

The CEO of Martha Stewart Living Omnimedia, Inc., Sharon L. Patrick, issued a press release in October: "Despite the losses in the quarter, we continue to benefit from strong consumer support for our products, which offer that unique blend of 'Martha Stewart' brand attributes - inspirational 'how-to' ideas translated into products that stand for quality, style, usefulness and affordability," Patrick reported. During the 3rd Quarter of 2004, Stewart's company purchased "Body

J.C. Penney News Is Bigger Than Lawsuit
Words: 2795 Length: 10 Document Type: Research Paper

J.C. Penney News Is Bigger Than Lawsuit Decisions, Revenue Losses, and Resignations - Mark Cuban's Stock Purchase Is Better Than Money for J.C. Penney's Recovery (JCP, MSO) Organizational context: J.C. Penney J.C. Penney is one of the most famous and renowned of the major U.S. department stores. It is well-known for its image of Americana and its reasonable prices. However, within this particular market segment, J.C. Penney is facing increasingly stiff competition

Prison Rehabilitation for Men and
Words: 3105 Length: 9 Document Type: Term Paper

Correctional Services of Canada says that these programs are the result of acknowledge the woman as "her own beset expert," and are built on the premise that "earning to make informed choices and then accepting the consequences of them will enable these women to take control of their lives." There, a Literacy and Numeracy Program created just for female inmates aims to foster skills required for basic employment and

Role of Civil Sanctions in
Words: 2951 Length: 11 Document Type: Term Paper

If police officers are not sufficiently deterred by the prospect of evidence being suppressed at a hearing where a person's liberty is in jeopardy, it is a fortiori that they will not be deterred by the possibility of suppression at a civil forfeiture hearing where only the person's property is in jeopardy. Law enforcement officials have much to gain in the outcome of the issues raised in Scott, and will

Company Having Strong Ethics Across the Entire
Words: 932 Length: 3 Document Type: Case Study

company having strong ethics across the entire organization, including ethical leadership, training & codes, and an ethical culture. The first and most important thing is that the company needs to have ethical leadership in place. People within organizations take their behavioral cues from the leaders of that organization, and the result of that is that when the leaders are the ethical leaders, the other members of the organization will

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now