Larry Stewart Research Paper
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Larry Stewart Why Does It Have to Be Wrong Both
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It is fair to say that today no meaningful social or professional stigma attaches to Stewart. It is not a stretch to believe that these definitions from the original Trademark Act could be applied by some to Martha Stewart. Martha Stuart Living returned in with a new title, Martha not instigated by a trademark lawsuit and ran until May of Stewart met the challenge of prison head-on and by all accounts did well there.
She did not appear to weaken, opting to serve her time immediately rather than wait for the outcome of an appeal. From the outset, there are two sides to consider: the ethics of the prosecution and the ethics of Martha Stewart. Stewart and Waksal have been romantically linked in the past. To understand this case it must be emphasized that it began with the accusation of insider trading. At that point, the only legal charges left essentially accused her of trying to cover up for a crime she was never charged with in court.
The prosecution made much of the fact that no evidence for the order beyond the disputed long-entry was found, but many such orders are informal. It is puzzling why Stewart would have lied about hers, but she may have. However, it was certainly never proven. The jury simply chose to believe Faneuil when he testified that he had been ordered by his boss Peter Bacanovic to pass on the information that Waksal and his family was dumping ImClone stock. The fact that she had been a stockbroker thirty years earlier would have been no bar to her ordering the sale. The picture most people have of insider trading is that of an executive or other high-level insider, perhaps a stockbroker working with an insider, using information not yet available to the public but soon to be available, to buy or sell stock in anticipation of an expected price jump or slump in response to that information when it does become public.
The idea is that such trades are illegal because they are harmful to non-insider stockholders, both those who presently own stock and those who seek to own it, or seek to sell the stock they have. In short, it can turn the stock market into the rigged game is had often been for centuries. Short selling is often looked upon askance as being facilitated by insider trading, and because of that perception it is sometimes banned during market panics. It is worth noting that none of the principals of the ImClone case short any shares short.
They just sold them, period. And it is worth re-noting that the charge of insider trading against Stewart was thrown out by the Justice Department. However, there is much debate on whether insider trading and short selling is as bad as the public and their representatives in Congress assume. The Congressional angle is important. Instead, Congress has delegated what constitutes insider trading to the SEC, which decides on a case-by-case basis working through the courts.
The question remains: is insider trading actually harmful? Some believe that the way to answer that question is to ask who the victim of a particular insider trade is. In the case of Martha Stewart, there was no victim, because she was only one of thousands who had been selling their stock in ImClone since early in the month of December, No victim was named by the U. By prohibiting such sales, the price reflects old information and as such is a kind of statistical lie. If anything, enforcing such a ban on such a sale would tend to reduce trust of the market and so drive investors away.
The problem is one of asymmetry. Laws against insider trading necessarily target those who act in some way — by buying or selling. But it cannot catch those who use inside information to stay put — to not buy or not sell. The enforcement of such laws is thus stymied from the outset and can hardly help in its stated goal of making the marketplace fair. Instead, they have the effect of making it profoundly unknowable. By contrast, if people knew that insider trading was specifically permitted as it was until the s and so remains in many countries , everyone would know that the current price reflected all available information.
The issue is why she was charged at all. That is the elephant in the living room, and one that will be around as long as insider trading is considered a crime and selectively prosecuted, as it always must be. Astrachan, Jim. Reynolds, Alan. Accessed June 16, Richman, Sheldon. If it does fall, the sellers then buy back the stock at the lower price, and pocket the difference, minus the interest, upon returning the stock to the broker. However, if the stock rises, then they must buy back the stock at the higher price, and so lose their money that way while still paying the interest as well. Short-selling as a long-term strategy is generally unprofitable because stocks tend to rise over time, reflecting gradual increases in national wealth.
Stewart was later arrested on charges of having committed perjury in Mrs. His case had no bearing on the use of the allegedly altered log as evidence or on the outcome of Mrs. In other words, insiders are supposed to be governed by fear of a possible SEC criminal charge and not statutory regulations. Need a professionally written Custom Essay? Right now, you can get a professionally written essay in any discipline with a. We're now sending you a link to download your e-book, please check your e-mail. Thank you! You can receive the notifications now. It's pleasure to stay in touch! Show all. Get a Free E-Book! Pages: 14 Words: Research Paper. Need a custom Research Paper written for you? Background ImClone Systems, Inc.
Aftermath Upon her indictment and before her trial, Stewart resigned her executive positions at Martha Stewart Living Omnimedia but continued to oversee new projects. Ethics of the Case From the outset, there are two sides to consider: the ethics of the prosecution and the ethics of Martha Stewart. Bibliography Astrachan, Jim. Stuck with your Research Paper? Get in touch with one of our experts for instant help! He later argued that race-based preferences have done more harm than good. As a top student, Elder said he would have gotten into a good college even without affirmative action. He rejects racial preferences as hurting more qualified students, particularly Asian Americans, while also backfiring on those who got special preferences. And he can talk rings around anybody.
Following mergers, the firm is now known as Squire Patton Boggs. A bit of serendipity got Elder his first radio hosting gig. Elder had been invited on a Cleveland station as a guest. He proved so agile on the air that, when the regular host went on vacation the following week, the program director asked Elder to fill in. The couple split after less than two years. But Elder had established a toehold in radio and TV, one that grew substantially when a guest host from Los Angeles, Prager, visited Cleveland in the early s. The attorney, who had a weekly spot on the program, quickly impressed Prager. Elder returned to his hometown in , two years after the civil unrest following the acquittal of the officers who beat Rodney King, and in the midst of the O.
Simpson murder case. He mixed sound bites from Rep Maxine Waters with a recording of a barking dog. Some Black people and their allies soon launched a boycott of advertisers attached to his show. His supporters launched a TV ad campaign calling the host as a victim of racism. He found a kindred spirit one day in the late s when a student from Santa Monica High School called his show to commiserate.
He demanded students and staff regularly recite the Pledge of Allegiance. And the host responded by having Miller on the air almost anytime he wanted a platform. Elder then said he had not had significant contact with Miller since he joined the Trump White House, as both men were busy with their careers. I think our borders should be secured. Co-workers from his early days at KABC recall that Elder aspired to a national stage, preferably on both radio and television.
The trouble was that Elder struggled to prevail during his time slot in Southern California. He suffered the ups and downs of many hosts in radio, with new challengers in podcasts and satellite radio. His show became syndicated in the early s, but the deal ended after five years. Superiors at KABC dogged him for being too focused on racial issues, even when the audience, and the world, turned to other topics, such as terrorism.
He bridled when management tried to tell him what to talk about, two former co-workers said. He lost his job at KABC in , came back two years later, then got bounced out again in Management said it needed to raise ratings. Elder insisted his bosses retaliated against him for slamming Bill and Hillary Clinton for the sexual abuse allegations against the president. Like many others in the industry at the time, the station manager who did not return requests for comment reportedly worried that the audience for conservative call-in shows was aging and, literally, dying off. Drew Pinsky and lifestyle commentator Jillian Barberie.
He was in the midst of a breakup with his live-in girlfriend, Alexandra Datig. She had helped arrange for him to get his star on the Hollywood Walk of Fame, and Elder thought it would be great to cap that ceremony with the couple marrying, right on the spot, she recalled. Datig filed a report with Los Angeles detectives, accusing Elder of once pushing her and engaging in the other actions that she said amounted to emotional abuse. Prosecutors said Friday that they would not examine the case because the statute of limitations had passed.
The year also brought another career resurrection. An online search shows he has been a guest on the conservative cable outlet times in the past five years. The radio trade publication Talkers named Elder No. If there has been an irritant in his 2-month-old career as a politician, it has been the media. Coverage by the Los Angeles Times and its opinion columnists has particularly infuriated him. He said the break with Huhn also troubles him. For reporting and exclusive analysis from bureau chief John Myers, get our California Politics newsletter. You may occasionally receive promotional content from the Los Angeles Times. James Rainey has covered multiple presidential elections, the media and the environment, mostly at the Los Angeles Times, which he first joined in He was part of Times teams that won three Pulitzer Prizes.
Harriet Ryan is an investigative reporter for the Los Angeles Times. She is a graduate of Columbia University.