Beyond the Spin: Vick's second chance isn't up to the Stewart standard

August 27, 2009|By George Curry, Inquirer Columnist

The Martha Stewart brand is affixed to everything from cooking shows to magazines. So it was surprising when Stewart, a former stockbroker, was charged with risking millions of dollars and her carefully crafted reputation on a trading scheme that saved her about $50,000.

According to the federal indictment of Stewart, Merrill Lynch broker Peter Bacanovic represented both Stewart and Samuel Waksal, the CEO of ImClone. On Dec. 27, 2001, upon learning that the Food and Drug Administration would not approve ImClone's treatment for colorectal cancer, Waksal and his family ordered Merrill to sell their ImClone shares.

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Within minutes of learning this, according to the indictment, Bacanovic called Stewart. A few hours later, Stewart called back, learned of the planned Waksal sale, and ordered that her ImClone shares be sold. They sold that day for about $230,000. The next day, ImClone announced the FDA decision, and its stock declined by about 20 percent - which would have cost Stewart around $50,000.

After a five-week trial, Stewart was convicted of conspiracy, obstruction, and lying to investigators. She was sentenced to five months in prison; two years of supervised release, including five months of home confinement during which she would be monitored via ankle bracelet; and a $30,000 fine.

After her time at the Anderson Federal Prison Camp in West Virginia, a minimum-security facility for women affectionately known as Camp Cupcake, Stewart was released shortly after midnight on March 4, 2005. An awaiting SUV took her to a nearby airport, where a private jet whisked her off to Westchester County in New York.

Stewart chose to serve the home confinement at her 153-acre estate in Bedford, N.Y. Her other luxurious homes, in the Hamptons and off the coast of Maine, would have to wait. But she was glad to be home - any home - after her time behind bars.

Once freed of her shackles, instead of being scorned as a convicted felon, Martha Stewart was given, well, the Martha Stewart treatment.

Donald Trump created a new television show, The Apprentice: Martha Stewart. Stewart resumed her position at Martha Stewart Living Omnimedia, with compensation of about $2 million in 2007. She also gets $2 million a year for letting her company tape shows at one of her homes.

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