41. ProfessorBainbridge.com: Corporation Law: Insider Trading - Martha Stewart Case had not been charged with criminal insider trading, according to being asked to judge the propriety of the trade. . to know there s no underlying crime to cover http://www.professorbainbridge.com/corporation_law_insider_trading_martha_stewar

ProfessorBainbridge.com An eclectic mix of law, business and economics, politics and current events, Catholicism, and wine About Me Professor Bainbridge I'm a corporate law professor at UCLA Scholarship Download my law review articles E-mail me profbainbridge -at- aol -dot- com My policies No Legal Advice This blog does not provide legal advice. I will not give you legal advice. I will not give you a referral to a lawyer. Clear? Policy on Reader Emails Opt-out for content (I can quote you unless you tell me not to) and opt-in for identity (I don't identify you by name unless you tell me to do so) Policy on Editing Posts Spelling errors corrected and stylistic changes made without notice. Ditto tweaking. Substantive changes indicated by an Update notice. Recent Posts I wish I'd said that The function of transactional lawyering The Lord of the Peeps A Better Version of Titanic ... I Guess I'm Just Chopped Liver Categories Books Business Campus PC Cars ... September 2003 My Links The corporate canon: recommended reading on corporate law and governance The wine canon: recommended reading My Blogroll Asymmetrical Information AtlanticBlog Awful Plastic Surgery BrothersJudd ... Discourse.net

42. ProfessorBainbridge.com: The Insider Trading Charge Against Martha Stewart the high and mighty brought low. But charging her with insider trading stretches that crime beyond where it was ever meant to go. http://www.professorbainbridge.com/2003/11/the_insider_tra.html

hostName = '.professorbainbridge.com'; ProfessorBainbridge.com An eclectic mix of law, business and economics, politics and current events, Catholicism, and wine About Me Professor Bainbridge I'm a corporate law professor at UCLA Scholarship Download my law review articles E-mail me profbainbridge -at- aol -dot- com My policies No Legal Advice This blog does not provide legal advice. I will not give you legal advice. I will not give you a referral to a lawyer. Clear? Policy on Reader Emails Opt-out for content (I can quote you unless you tell me not to) and opt-in for identity (I don't identify you by name unless you tell me to do so) Policy on Editing Posts Spelling errors corrected and stylistic changes made without notice. Ditto tweaking. Substantive changes indicated by an Update notice. Recent Posts I wish I'd said that The function of transactional lawyering The Lord of the Peeps A Better Version of Titanic ... I Guess I'm Just Chopped Liver Categories Books Business Campus PC Cars ... September 2003 My Links The corporate canon: recommended reading on corporate law and governance The wine canon: recommended reading My Blogroll Asymmetrical Information AtlanticBlog Awful Plastic Surgery BrothersJudd ... Discourse.net

43. Corporate Crime Wave - NI 358 - Stock Swindle Corporate crime / MARKET MANIPULATION. Ellen Frank believes that insider trading is just businessas-usual in the market that never closes. http://www.newint.org/issue358/stock.htm

New Internationalist July 2003 Corporate crime / MARKET MANIPULATION Ellen Frank believes that insider trading is just business-as-usual in the market that never closes. Click here to send this page to a friend... This made Wall Street a somewhat safer place to do business. But periodic price-rigging and insider-trading scandals led small investors to shun stocks. By the 1970s, only about one American family in ten owned any stock at all. When the stock bubble deflated in 2000, though, it turned out that Wall Street had once again taken the investing public for a ride. As Americans poured money into stocks, insiders shoveled it out, scrambling to sell their own shares before the unprecedented scale of the swindle became evident and crashed the market. Infectious greed CEOs made ambitious earnings forecasts, manipulated accounts to exceed the forecasts then triumphantly announced bested expectations. Share prices shot up and executives exercised their options.

44. Martha Stewart: Judicial System Casualty was indicted and convicted for lying and obstructing a crime when no crime happened. Many Americans believe Stewart committed insider trading, because that http://www.truthinjustice.org/martha-stewart2.htm

Judicial system casualty By Paul Craig Roberts Published March 12, 2004 The Kafkaesque indictment, trial and conviction of Martha Stewart is a devastating blow both to the U.S. legal system and to belief in the American socioeconomic system. As Lawrence Stratton and I have demonstrated in our book, "The Tyranny of Good Intentions," very little remains of the legal protections that once defined the Anglo-American legal system. Today hapless defendants are convicted not only in the absence of criminal intent but also in the absence of statutory felonies. Martha Stewart was indicted for lying and obstructing justice. For these offenses to have any meaning, there must be a crime that she lied about and obstructed. The prosecutors presented no such crime. Stewart was indicted and convicted for lying and obstructing a crime when no crime happened. Many Americans believe Stewart committed "insider trading," because that is the disinformation her prosecutors used their media pimps to disseminate. The prosecutors would have liked to have charged Stewart with insider trading, but could not. Stewart learned from her broker, not from a company insider, that a top executive was selling shares. Since time immemorial, many people have sold shares for the same reason. Brokers call and report a stock is being sold when the overall market is not. That is an indication there is bad news in the market about that stock. It is a broker's job to advise when to hold and when to fold.

45. Kiplinger.com - Are You Guilty Of Insider Trading? have any duty to the victims of his crime. (The breakin is another matter. And, of course, an aggressive prosecutor could try to bring insider-trading charges http://www.kiplinger.com/features/archives/2004/01/insider.html

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46. Insider Trading": The Moral Issue I suggest that Sabena Dowd, under such circumstances, has done no wrong and that the crime of insider trading (beyond the basic forcefraudcontract analysis http://www.libertyhaven.com/regulationandpropertyrights/bankingmoneyorfinance/in

Theoretical/Philosophical Issues Politics/Government Personal Freedom Issues Regulations ... Yourname@libertyhaven.com Email login: Password: Search for: Books Magazines Music Maps Out of Print Books British Books British Magazines British Music Keywords: "Insider Trading": The Moral Issue Ridgway k. Foley, Jr. Shocking as it may seem to those of us steeped in traditional ethics, the answer is not clear-cut. In fact, situations such as these perplex many honest and well-intentioned individuals daily, stifling their productive endeavors and creating a fear of criminality in the decent and the ethical. No one disputes the necessity for rules preventing fraudulent conduct and overt misrepresentation; unfortunately, the "insider trading" arena extends far beyond ordinary boundaries of proscribed activity and accepted ethical definition. This paper will not discuss the "extension of knowledge" or entrepreneurial analyses of normative rules regarding security transactions. More qualified scholars have honed in on the value of open information markets in the absence of activity which is coercive or deceitful in the customary sense. Instead, this essay seeks to consider, in cursory fashion, the essential ethical or moral standards which are assumed, seldom enunciated, and virtually never understood under the "insider trading" rubric. The hypothetical situation proposed in the opening paragraph -sounding all too much like a law school examination question-with some modifications, illustrates some of the issues which settle like a plague upon our marketplace.

47. IN PRAISE OF INSIDER TRADING By Matthew O Keeffe Economic Notes No years ago, before the creation of regulatory bodies and the passing of legislation like the Financial Services Act, the crime of insider trading was unheard http://www.capital.demon.co.uk/LA/economic/insider.txt

48. Search Results Cardozo Law Forum article on the Craig Neidorf Computercrime Message-ID 01/18/04, 211963 bytes Suppressed Details of Criminal insider trading Lead Directly http://911review.org/cgi-bin/htsearch?method=boolean&words=insider trading

49. The Law Report - 26/09/2000: Insider Trading - The Case Against Fairness Fortytwo percent of the Australian population now own shares - so more and more of us should be interested in the corporate crime of insider trading But when http://www.abc.net.au/rn/talks/8.30/lawrpt/stories/s188636.htm

Australia Talks Back Australia Talks Books Background Briefing Big Ideas ... Sports Factor with Chris Richards On Tuesday 26/9/2000 Insider Trading - The Case Against Fairness Summary: Forty-two percent of the Australian population now own shares - so more and more of us should be interested in the corporate crime of insider trading. But when it comes to getting access to information that affects stock prices, it seem some traders may be more equal than others. Sydney lawyer Michael Adams argues that Australia's insider trading regulations are the most complex in the world, and that with less regulation the markets could become more efficient. He sees nothing wrong with stockmarket analysts being briefed behind closed doors with information not usually available to retail or 'Mums and Dads' investors. The Australian Securities and Investments Commission responds to Michael Adams' arguments, and defends its record of only 6 prosecutions for insider trading in the past 10 years. And we look at a groundbreaking legal case against the National Australia Bank which involves a claim for over $50 billion - more than the capitalisation of the whole company! Details or Transcript: While all care is taken with this transcript, 100% accuracy cannot be guaranteed.

50. Life Matters - 16/06/2003: Peter Martin - Insider Trading 06/2003 Peter Martin insider trading Rene Rivkin still has 35 more weekends behind bars as part of his punishment for a crime known as “insider trading”. http://www.abc.net.au/rn/talks/lm/stories/s879471.htm

Australia Talks Back Australia Talks Books Background Briefing Big Ideas ... Sports Factor with Julie McCrossin On Monday 16/06/2003 Peter Martin - Insider Trading Rene Rivkin still has 35 more weekends behind bars as part of his punishment for a crime known as “insider trading”. It’s a previously obscure crime about which most of us probably understand little. Peter Martin says that the law is defined too broadly, successful prosecutions are rare, and there is an argument that it should be made legal. Transcript/Extra Details: Freeman, M. A., Adams, M. A., Semaan, L., Is Insider Trading a Necessary Evil for Efficient Markets?: An International Comparative Analysis, Companies and Securities Law Journal, 17, 4, pp. 220 - 246, 1999 Chris Richards, Insider Trading - The Case Against Fairness , The Law Report 26/9/2000 ABC Radio National September 26, 2000. Peter Martin, Insider Trading , The Business Show, SBS Television May 9, 2003 Insider Trading , The Business Show, SBS Television May 9, 2003 Rene Rivkin, Enough Rope ABC Television Monday 2 June, 2003 Guests in this story: Peter Martin Economic commentator http://petermartin.blogspot.com/

51. Globeinvestor.com: Task Force Targets Insider Trading trading, CSA chairman Stephen Sibold said. Illegal insider trading is not a victimless crime. . The task force was formed last http://www.globeinvestor.com/servlet/ArticleNews/story/RTGAM/20031112/wsecure111

Skip navigation News Globeinvestor Technology Vehicles Careers Home ... Help Enter Symbols: Symbol Lookup Globe Portfolio Login Your Stocklist Create/Update View Your Stocklist Related News Market Action Gainers Losers Most Actives New High/Low Investor Tools Charts Reports Market Indexes Company Snapshots ... G Estimates Current Surprises Estimates and Recommendations Filters Intraday Prices Historical Prices Company Financials News Appointments Report on Business Globe Investor Globeandmail.com ... Special Reports Resources Personal Finance G Free Annual Reports Investing Library ... Glossary Breaking News from The Globe and Mail Task force targets insider trading E-mail this Article Print this Article TERRY WEBER Wednesday, November 12, 2003 Illegal insider trading threatens to become more prevalent in Canada alongside easier access to offshore accounts, an industry task force said Wednesday in calling for strict measures, including real-time access to trading data and the creation of a targeted police squad. While the task force set up to study insider trading in Canada's capital markets said it's difficult to quantify the size of the problem in this country, evidence consistently suggests a problem on a global scale. "There is no reason to believe that Canadian markets would not also be victimized by these activities," the report, delivered Wednesday to the Canadian Securities Administrators, said.

52. ELT : Online Understanding And Avoiding Insider Trading Course Demo : In Partner Why It’s Important. insider trading is a serious crime that can result in both fines and imprisonment, and yet it can easily be inadvertently committed. http://www.elt-inc.com/corpedia/uait1015/uait1015.htm

Home About ELT Course Demos Demonstrated ROI Delivery Options Partners Live Training LLG Products ... Contact Us Understanding and Avoiding Insider Trading Please click on the picture to the right to view a demonstration of ELT's Understanding and Avoiding Insider Trading courseware... In partnership with Preview Understanding and Avoiding Insider Trading Understanding and Avoiding Insider Trading Critical Information about Understanding and Avoiding Insider Trading: Identifying the Problem, Identifying the Solution This course provides a broad overview of the illegal practice of insider trading, as well as some techniques for its prevention within your company. Included in this course are the definitions of the key elements of insider trading; a definition of insider trading; who is involved in insider trading; some historical background and details of insider trading legislation; how to identify and help prevent insider trading; and how to prevent or limit your liability and that of your company. This engaging course offers interactive practice questions and a testing module to ensure that your employees understand the content that has been presented to them. It's important to note that this course offers employers the flexibility to add any company-specific policies regarding insider trading, as well as customized content.

53. Register At NYTimes.com why some of the smartest people in and around Wall Street continue to run afoul of insidertrading laws when so much attention is being lavished on the crime. http://www.nytimes.com/2004/05/16/business/yourmoney/16insi.html?8br

54. LookSmart - Article Search For "Insider Trading In Securities / Statistics" 1 10 of 26) About. insider trading  legally Small options. Bank Managers Opportunistic trading of their pages · ?. options. Did Waksal s crime deserve the http://articles.findarticles.com/p/search?tb=art&qt=Insider trading in securitie

55. Dorsey & Whitney LLP - Services - White Collar Crime And Civil Fraud - Publicati SEC Adopts New insider trading Rules August 21, 2000 Download SEC ADOPTS NEW insider trading RULES At the same time it adopted Regulation http://www.dorsey.com/services/service_detail.aspx?FlashNavID=services_practice&

56. Dorsey & Whitney LLP: Events: Insider Trading And Securities Fraud: After Martha Minneapolis, MN 55402 Seminar Registration Panel discussion on the latest legal developments in insider trading. Sponsored by the White Collar crime and Civil http://www.dorsey.com/seminars/seminar_detail.aspx?FlashNavID=seminars&eventid=1

57. An Insider's View Of The Martha Trial. By Henry Blodget It is also possible that Stewart and Bacanovic were tipped off about the Erbitux news and, therefore, committed the classic insidertrading crime of which they http://slate.msn.com/id/2091480/entry/2091866/

MSN Home My MSN Hotmail Shopping ... Money document.write('') Web Search: document.write(' logoImg("http://sc.msn.com"); Print E-mail Discuss Alerts ... About Us Search Slate Advanced Search dispatches from the martha stewart trial Henry Blodget, a former securities analyst, lives in New York City. Read his full-disclosure statement about his potential conflicts of interest in covering the Martha Stewart trial here For a complete listing of Blodget's dispatches, see Slate 's Guide to the Martha Stewart Trial , which also has links to related Slate articles. From: Henry Blodget Subject: The Charges Against Martha Wednesday, Dec. 3, 2003, at 7:31 AM PT In January, Martha Stewart will be tried for allegedly lying about, and conspiring to cover up, the reason she sold a quarter-million dollars of ImClone stock on Dec. 27, 2001. Stewart has always asserted that she sold the stock because it fell below a "predetermined price [$60] at which she planned to sell." The U.S. attorney, in contrast, alleges that Stewart sold because she heard that Sam Waksal, ImClone's CEO, was trying to sell his own stock in the company. The alleged crimes, in any event, took place after the sale. In a nine-count indictment, the U.S. attorney alleges that Stewart: conspired with her stockbroker, Peter Bacanovic, to obstruct justice, make false statements, and commit perjury (Count 1);

58. An Insider's View Of The Martha Trial. By Henry Blodget Since she is not being charged with the insider trading the decision to charge her for an obscure related crime is probably not a good idea. http://slate.msn.com/id/2091480/entry/0/

MSN Home My MSN Hotmail Shopping ... Money document.write('') Web Search: document.write(''); logoImg("http://sc.msn.com"); Print E-mail Discuss Alerts ... About Us Search Slate Advanced Search dispatches from the martha stewart trial Henry Blodget, a former securities analyst, lives in New York City. Read his full-disclosure statement about his potential conflicts of interest in covering the Martha Stewart trial here For a complete listing of Blodget's dispatches, see Slate 's Guide to the Martha Stewart Trial , which also has links to related Slate articles. From: Henry Blodget Subject: Some Preliminary Conclusions Tuesday, Dec. 23, 2003, at 7:52 AM PT The pre-trial forecast Having now reviewed the allegations and available evidence in "mind-numbing" detail (as one reader put it), we are in a position to draw some preliminary conclusions. Again, only a fraction of the evidence has been released, so these conclusions may change radically during the trial. something , however, its members may still grapple with whether charges of "conspiracy," "obstruction of justice," and "criminal securities fraud" are appropriate. These crimes are serious felonies; people convicted of them usually should go to jail. In this case, however, one can imagine that a reasonable person, having reviewed the circumstances and evidence, might feel that incarceration is neither appropriate nor deserved.

59. Lying Should Be A Crime For All she is charged with obstructing the investigation into whether she engaged in insider trading. of the United States, people charged with a crime enjoyed the http://www.custerguide.com/quillen/eqcols/20041258.htm

Buy Ed's Book Home Search CusterGuide ... Email Lying Should Be A Crime For All Do not count me among the fans of Martha Stewart. My idea of interior decorating consists of trying to find places to put computer cables where they're unlikely to be tripped over, and when Martha Quillen says that a room needs new paint or wallpaper, I look desperately for some work that will take me out of town for the duration. But in the general scheme of things, the Martha Stewart phenomenon seemed harmless. If people want to pay $50 a gallon for paint of a certain hue, or spend too many hours contriving fancy food for a dinner party, how is that hurting anybody? It isn't as though she was promoting the more destructive aspects of conspicuous consumption, like tank-sized spewts or 5,000-square-foot mountain mansions that are occupied only three weeks a year. However, she is now on trial. Stewart owned stock in ImClone, a pharmaceutical company founded by a friend of hers, Samuel Waksal. ImClone was developing a cancer drug, Erbitux, which was under review by the Food and Drug Administration. If the FDA had approved Erbitux, then presumably ImClone stock would go up in price. And without approval, ImClone would go down. Some advance knowledge would allow for some profitable "insider trading" on the stock market.

60. CommonConservative.com: The Archive Of "Lawpsided" Sean Carter - 06/16/03 As a general rule, the crime of insider trading occurs when someone buys or sells shares of a company based on nonpublic (or inside) information. http://commonconservative.com/sean/sean025.html

"Lawpsided" Sean Carter Sponsored by: www.lawpsided.com Martha Stewart's Indictment Is Not "A Good Thing" Sean's centerpiece of Stewart's defense by Sean Carter The simple truth about this case is that there are lies, damn lies and obstruction of justice. Of the three, obstruction of justice is by far the most understandable. Therefore, instead of spending countless hours trying Martha Stewart, perhaps federal prosecutors could better spend that time pursuing real criminals on Wall Street like the people behind Enron, Adelphia and my stockbroker. For permission to reprint this article, please contact us at editor@commonconservative.com Sean is a practicing attorney who writes a weekly humor column on current legal events called "Lawpsided." Lawpsided pieces appear in a growing number of general circulation papers across the country, including The Los Angeles Times . Moreover, his musings on the law appear on nationally recognized websites, such as jewishworldreview.com findlaw.com newsmax.com and etherzone.com

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