Does Martha Deserve it?



More accurately, justice has to have been seen to have been
done. Her profile is high so she has become an example.
However, she's a woman. Lets wait and see what happens to
Ebbers, whose crimes where far worse, IMO.

Robin (not a woman, BTW)

"Edwin Pawlowski" <[email protected]> wrote in message
news:[email protected]...
>
> "<RJ>" <[email protected]> wrote in message
>
> > Martha acted on a tip from her broker. ( who doesn't ? )
> > She acted on it, and got caught
> >
>
> This was not just a tip from the broker. It was relayed
> information from
an
> inside source. It is illegal. You and I don't get tips
> like she got.
Then
> she lied.
>
> Maybe she does not deserve 20 years, but there must be
> some punishment for the crime. Ed
 
"Dave Smith" <[email protected]> wrote in message
news:[email protected]...
> Nexis wrote:
>
> >
> > >
> > > Of course not, because to her, a fine of a few
> > > thousand dollars is pocket change. That same fine
> > > would ruin my finances for years. Fines should be
> > > proportionate to the person's net worth. Martha
> > > probably has
a
> > > few hundred million dollars worth of assets, so fine
> > > her half. Even to
a
> > > multi-millionare, half of her money is a huge blow.
> >
> > Except that the fines are already more than a few
> > thousand bucks...not
to
> > mention she lost 1/4 of her worth the day she was
> > convicted. She was
worth
> > around 4.5 million in the morning, down to just over 3
> > in the afternoon.
>
> But what about the honest people who lost a substantial
> portion of their
hard
> earned savings because of her crooked dealings? There
> have been a
significant
> number of crooked stock deals. People have invested their
> savings under
the
> belief that properly invested money will grow and provide
> them with
financial
> security, and at the same time, helping the national
> economy to grow. Meanwhile, shifty CEOs and major
> investors are working out crooked deals
to
> grab a quick profit at the expense of the legitimate
> investors.

Actually, I hadn't addressed her crime at all in that post,
only the fact that the fines weren't "a few thousand
dollars" and that the fines were not the only financial
loss. Stock is a risky proposition under any circumstance,
and people should only go into it knowing that they can lose
the money. I'm not saying what she did was right, but I
guarantee you 90% of the people in the world would sell off
a stock if they knew, for whatever reason, that they were
about to be flocked if they didn't. Anyone who says
otherwise is either unrealistic or lying or possibly the
Pope. Personally, I think the lot of them (after all, she
didn't get this info in a premonition) should have to pay
the people who did lose money everything they lost.

kimberly
 
Mike Walton wrote:

> Let he who would not sell stock on a tip, cast the
> first stone.

Anyone in their right mind would. But that is why there are
regulations against it.

> Make no mistake about it, Martha Stewart was not
> prosecuted, she was entrapped.

???? WTF are you talking about. She received a tip from
someone with inside information. That person was a friend of
hers, not a cop. She used to be a stockbroker, so she should
have known better. In fact, she did know better, which is
why she changed the message on her log. She willfully
engaged in criminal behaviour.
 
On 8 Mar 2004 17:38:28 -0800, [email protected] (Mike Walton)
arranged random neurons, so they looked like this:

>Let he who would not sell stock on a tip, cast the first
>stone. Did Martha Stewart lie? Of course she did. Did she
>have any choice. Absolutely not.

Are you nuts? She didn't have a choice? Let's just suppose,
for the sake of argument, that, when whatever governmental
entity first inquired, she had slapped her cheeks, looked
chagrined, and said, "Oh, my God! What was I thinking?
You're absolutely right! That was an insider thingy, wasn't
it? Oh, please, please, forgive me!" You think she'd be
facing jail time now? I don't *think* so. A hefty fine, yes,
but nothing worse, IMHO.

>Would anybody who has been caught smoking pot, claim that
>he or she is guilty of trafficking. Of course not. Clearly,
>no self respecting Prosecutor would expect Martha Stewart
>to tell the truth, under the circumstances, and any
>suggestion that Martha Stewart deserves to go to jail for
>lying is absolutely preposterous.

Oh, I see - we have our tongue firmly in our cheek, do we?
At least, I hope so.
>
>Make no mistake about it, Martha Stewart was not
>prosecuted, she was entrapped.

Let me define the legal word, "entrapment": n. in criminal
law, the act of law enforcement officers or government
agents inducing or encouraging a person to commit a crime
when the potential criminal expresses a desire not to go
ahead. The key to entrapment is whether the idea for the
commission or encouragement of the criminal act originated
with the police or government agents instead of with the
"criminal." Entrapment, if proved, is a defense to a
criminal prosecution. The accused often claims entrapment
in so-called "stings" in which undercover agents buy or
sell narcotics, prostitutes' services or arrange to
purchase goods believed to be stolen. The factual question
is: Would Johnny Begood have purchased the drugs if not
pressed by the narc?

Now, IIRC, Martha voluntarily lied. Was not induced to lie.
Was not refusing to recant the lie, no? Thus, no
"entrapment." Puhleeze.
>
>The jury that convicted Martha Stewart harbors the delusion
>that they have sent a message to the little investor, but
>the exact opposite is in fact true. The jury sent the clear
>message that if you have Republican connections and you lie
>to the American people [somebody like John Poindexter] the
>Federal Government will hire you. If you are Democrat like
>Martha Stewart, you will be entrapped.

I am as big a liberal Democrat as the next person, but I
believe you are mixing apples and oranges. I infer that you
are referring to Ken Lay, et al? Charges are still being
teed up, and if nothing happens to these miscreants, maybe
President Kerry can take care of the little beggars.
>
>The business of America is business, and Marthe Stewart is
>the very best. This witchhunt has sent the clear message
>that if you are an intelligent business person, and you do
>the right thing [tell a little white lie to protect your
>stockholders] the Federal Government will destroy you.

"...do the right thing (tell a little white lie to protect
your stockholders)..."?? Are you nuts? You really think
Martha lied to agents of the federal government for her
*stockholders* benefit? And you really think this was a
"little white lie"? A "little white lie" is when I tell my
DH that his gawdawful haircut looks good on him, not that
I didn't get insider information to sell a stock that's
going to tank.

>I think the idiots who targeted Martha Stewart and turned
>the world of the little investors who relied on the value
>of her company stock, upside down, are as guilty as
>Enron's, Ken Lay is. If Martha Stewart spends a single day
>in jail, the do-nothing regime of an idiotic administration
>that is screwing the small investor, should collapse even
>faster than Howard Dean did.

So, just how much Martha stock do you own? You cannot
*begin* to compare Ken Lay with Martha Stewart. Lay's
actions destroyed people's lives and, I daresay, a LOT of
Enron's investors were "little investors." I have a feeling
that we're on the same approximate political page, but
Martha lied and lies have consequences. Ken Lay will have
his own particular level of hell with which to deal, I do so
dearly hope.

Terry "Squeaks" Pulliam Burd AAC(F)BV66.0748.CA

"If the soup had been as hot as the claret, if the claret
had been as old as the bird, and if the bird's breasts had
been as full as the waitress', it would have been a very
good dinner." Anonymous.

To reply, remove replace "shcox" with "cox"
 
Mike Walton wrote:
> Make no mistake about it, Martha Stewart was not
> prosecuted, she was entrapped.

Trapped, maybe, but not "entrapped." That is a crime that
police commit when they encourage someone to commit a crime
who is not predisposed to commit the crime (this is why they
can sting drug dealers and get away with it, but not
ordinary people with clean drug records).

Anyway, as the other poster said, this was not a police
operation, so "entrapment" is not even applicable.

> The jury sent the clear message that if you have
> Republican connections and you lie to the American people
> [somebody like John Poindexter] the Federal Government
> will hire you. If you are Democrat like Martha Stewart,
> you will be entrapped.

What about me, a registered Libertarian? They won't entrap
me, but won't hire me... either they just leave me alone or
I get the death penalty for standing for freedom ;-)

> The business of America is business...

True. My U.S. History I professor, a PhD, drilled that
into our heads many times. It is sad, in a way, but
good, in a way.

> If Martha Stewart spends a single day in jail, the do-
> nothing regime of an idiotic administration that is
> screwing the small investor, should collapse even faster
> than Howard Dean did.

I hope Asscroft dies under the surgeon's blade. And I hope
Bush loses the next election. I may be a Christian, but that
does not mean I will not go to Hell ;-)

--
John Gaughan http://www.johngaughan.net/
[email protected]
 
Reg <[email protected]> wrote in
news:[email protected]:

> Dave Smith wrote:
>
>> we seem to have a whole new generation of people in
>> business who seem to be more interested in manipulating
>> stock values and screwing their investors out of their
>> money than they are in running a profitable business.
>
>
> There's nothing new about stock manipulation. The stock
> market crash of 1929 was the result of it, among other
> things. The SEC was created in the aftermath to try and
> address the problem.
>
> Stock market manipulation is a part of our national
> history. Almost the entire Kennedy fortune was created by
> stock manipulation (the remainder being the result of very
> profitable rum running operation).
>

That and the debauchery of all the males.

Such an illustrious family!
 
Dave Smith wrote:
>
> Nancy Young wrote:
>
> > > > The insider trading charges were dismissed, so my
> > > > question is, how can Martha be charged with
> > > > obstruction of justice and lying about something
> > > > (insider trading) that she didn't do? Seems like the
> > > > dismissal of the first charge makes the others a
> > > > moot point.
> > >
> > > The insider trading charges were dismissed due to a
> > > lack of evidence on the part of the prosecutors. That
> > > does not mean Martha did not commit insider trading,
> > > only that it could not be proven. Perhaps if Martha
> > > had not lied to the SEC, she would have gotten
> > > convicted on the insider trading charge.
> >
> > I don't believe she was ever charged with insider
> > trading. She can't, she is not an insider.
>
> You do not have to be an insider to be guilty of insider
> trading. The person who trades stocks based on information
> that was passed on them by the insider is as guilty as the
> insider who passed it on.

She was not charged with insider trading unless I am very
much mistaken. And I think you're wrong about that, no
offense at all intended.

nancy
 
Nexis wrote:

>
>
> Stock is a risky proposition under any circumstance,
> and people should only go into it knowing that they can
> lose the money. I'm not saying what she did was right,
> but I guarantee you 90% of the people in the world
> would sell off a stock if they knew, for whatever
> reason, that they were about to be flocked if they
> didn't. Anyone who says otherwise is either unrealistic
> or lying or possibly the Pope.

Of course they would sell if they knew that their stock was
about to down the dumper. That's why there are regulations
against disclosing information about stocks privately when
the same information is not publicly known. From what I
understand of Stewart's case, she was advised by an insider
that there was about to be an announcement about a company
in which she held stock, and that announcement would make
the stock value plummet. By selling early she avoided a
huge loss.

> Personally, I think the lot of them (after all, she didn't
> get this info in a premonition) should have to pay the
> people who did lose money everything they lost.

Sure. I can go for that.... restitution to the losers in
addition to a penalty.
 
On 03/08/2004 5:41 PM, in article [email protected], "Dave
Smith" <[email protected]> opined:

> Mike Walton wrote:
>
>> Let he who would not sell stock on a tip, cast the
>> first stone.
>
> Anyone in their right mind would. But that is why there
> are regulations against it.
>
>> Make no mistake about it, Martha Stewart was not
>> prosecuted, she was entrapped.
>
> ???? WTF are you talking about. She received a tip from
> someone with inside information. That person was a friend
> of hers, not a cop. She used to be a stockbroker, so she
> should have known better. In fact, she did know better,
> which is why she changed the message on her log. She
> willfully engaged in criminal behaviour.
>
>
Actually what she did was lie to the feds which is not a
bright move.
--
==========================================================================

"If George W. Bush announced that a cure for cancer had been
discovered,
Democrats would complain about unemployed laboratory rats,"
Ann Coulter.
==========================================================================
 
Nancy Young wrote:

> She was not charged with insider trading unless I am very
> much mistaken. And I think you're wrong about that, no
> offense at all intended.

You are correct that the insider trading charge was
dropped, but I respectfully disagree with your
interpretation of US law.

If you know a material fact about a company, and that
information is not available to the general public, and you
use the information in your trading, you are guilty of
insider trading.

--
Reg email: RegForte (at) (that free MS email service) (dot)
com
 
Nancy Young wrote:

>
> > > > The insider trading charges were dismissed due to a
> > > > lack of evidence on the part of the prosecutors.
> > > > That does not mean Martha did not commit insider
> > > > trading, only that it could not be proven. Perhaps
> > > > if Martha had not lied to the SEC, she would have
> > > > gotten convicted on the insider trading charge.
> > >
> > > I don't believe she was ever charged with insider
> > > trading. She can't, she is not an insider.
> >
> > You do not have to be an insider to be guilty of insider
> > trading. The person who trades stocks based on
> > information that was passed on them by the insider is as
> > guilty as the insider who passed it on.
>
> She was not charged with insider trading unless I am very
> much mistaken. And I think you're wrong about that, no
> offense at all intended.
>

http://www.miami.com/mld/miamiherald/business/national/8-
130039.htm

Insider trading charges were apparently stayed pending the
outcome of the trials on the other charges. She still faces
those insider trading charges. And if you think that insider
trading does not involve the recipient of the tips, check
out this side from the US Securities and Exchange
Commission.

http://www.miami.com/mld/miamiherald/business/national/8-
130039.htm
 
On Mon, 08 Mar 2004 20:10:16 -0500, Dave Smith
<[email protected]> wrote:

>Of course they would sell if they knew that their stock was
>about to down the dumper. That's why there are regulations
>against disclosing information about stocks privately when
>the same information is not publicly known. From what I
>understand of Stewart's case, she was advised by an insider
>that there was about to be an announcement about a company
>in which she held stock, and that announcement would make
>the stock value plummet. By selling early she avoided a
>huge loss.

My understanding is that she received information from with
access to non-publically disclosed information about the
actions of an insider. That is, her broker told here the
president of the company was unloading his shares.

So, what would you or I do in that case? Say "damn, wish I
could sell mine" or say "Well, dump mine too"? The broker
definitely violated the law by disclosing confidential
information. The big problem is that Martha was a stock
broker, so she knew better.
 
On 03/08/2004 5:10 PM, in article [email protected], "Dave
Smith" <[email protected]> opined:

> Nexis wrote:
>
>>
>>
>> Stock is a risky proposition under any circumstance,
>> and people should only go into it knowing that they can
>> lose the money. I'm not saying what she did was right,
>> but I guarantee you 90% of the people in the world
>> would sell off a stock if they knew, for whatever
>> reason, that they were about to be flocked if they
>> didn't. Anyone who says otherwise is either unrealistic
>> or lying or possibly the Pope.
>
> Of course they would sell if they knew that their stock
> was about to down the dumper. That's why there are
> regulations against disclosing information about stocks
> privately when the same information is not publicly known.
> From what I understand of Stewart's case, she was advised
> by an insider that there was about to be an announcement
> about a company in which she held stock, and that
> announcement would make the stock value plummet. By
> selling early she avoided a huge loss.

50k
>
>> Personally, I think the lot of them (after all, she
>> didn't get this info in a premonition) should have to pay
>> the people who did lose money everything they lost.
>
> Sure. I can go for that.... restitution to the losers in
> addition to a penalty.
>
She ended up losing about 750,000,000
--
================================================
"Is it chicken or is it tuna," Jessica Simpson.
================================================
 
Reg wrote:
>
> Nancy Young wrote:
>
> > She was not charged with insider trading unless I am
> > very much mistaken. And I think you're wrong about that,
> > no offense at all intended.
>
> You are correct that the insider trading charge was
> dropped

Can someone please look up what charges were dropped?

nancy
 
Reg wrote:

> Nancy Young wrote:
>
> > She was not charged with insider trading unless I am
> > very much mistaken. And I think you're wrong about that,
> > no offense at all intended.
>
> You are correct that the insider trading charge was
> dropped, but I respectfully disagree with your
> interpretation of US law.

The charges were not dropped. They were stayed pending the
results of the other trials.
 
Dave Smith wrote:

> http://www.miami.com/mld/miamiherald/business/national/81-
> 30039.htm
>
> Insider trading charges were apparently stayed pending the
> outcome of the trials on the other charges. She still
> faces those insider trading charges. And if you think that
> insider trading does not involve the recipient of the
> tips, check out this side from the US Securities and
> Exchange Commission.
>
> http://www.miami.com/mld/miamiherald/business/national/81-
> 30039.htm
>

Dave, what you're referring to are civil charges, not
criminal Very different.

--
Reg email: RegForte (at) (that free MS email service) (dot)
com
 
Nancy Young wrote:

> Can someone please look up what charges were dropped?

I think it was in the "Securities Fraud" category, not
insider trading.

--
Reg email: RegForte (at) (that free MS email service) (dot)
com
 
Reg wrote:

>
> > the other charges. She still faces those insider trading
> > charges. And if you think that insider trading does not
> > involve the recipient of the tips, check out this side
> > from the US Securities and Exchange Commission.
> >
> > http://www.miami.com/mld/miamiherald/business/national/-
> > 8130039.htm
> >
>
> Dave, what you're referring to are civil charges, not
> criminal Very different.
>
>

Never the less, according to that newspaper report, she is
still facing charges for insider trading.
 
Reg wrote:
>
> Nancy Young wrote:
>
> > Can someone please look up what charges were dropped?
>
> I think it was in the "Securities Fraud" category, not
> insider trading.

Exactly! Thank you, Reg. Sorry, I could have looked it up
but I'm trying to clean up from my first potsticker making
experiment. She was charged with defrauding her
stockholders, not insider trading.

nancy (note to self, do not add water to hot oil)
 
Dave Smith wrote:

> Never the less, according to that newspaper report, she is
> still facing charges for insider trading.

Civil charges, plus lawsuits, will be dogging her for years.
I expect there will be a class action suit by MSO investors
at some point.

--
Reg email: RegForte (at) (that free MS email service) (dot)
com