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2004-02-06 05:08:59| 人氣266| 回應0 | 上一篇 | 下一篇

★【全民亂講】關鍵證人

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最近Martha Stewart的醜聞吵得很凶
我一直有留意這個新聞
其實也不是特別喜歡她
只是正好我的床單就是買他們家的
所以我特別留意她的新聞
其實她也蠻厲害的
創了一家家居用品公司
還有自己的電視節目和廣播
算是女強人吧

最近 她因為有insider trading 被檢察官起訴
一開始
她都是春風滿面說會在那個特定時間點賣股票是因為之前已經設好的停損點
並堅稱自己沒有內線交易
但現在有關鍵證人的出現
指出內線交易才是真正的事實
案情越來越緊湊
也越來越有可看性了!
現實生活中的『華爾街』阿

摘錄新聞如下:
A former Merrill Lynch assistant testified Wednesday that told him to sell her ImClone Systems stock after he advised her
that the company founder was dumping his own shares."

原始新聞如下:
Broker's assistant: Martha sold stock after tip
By Erin McClam, Associated Press, 2/4/2004

NEW YORK -- An "extraordinarily upset" Martha Stewart ordered all her ImClone Systems stock sold after she learned the company founder was dumping his own shares, an ex-brokerage assistant said Wednesday in the most damaging testimony yet against the homemaking mogul.

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Douglas Faneuil, a former Merrill Lynch & Co. assistant and the government's star witness, said he passed the tip from broker Peter Bacanovic to Stewart when she called on Dec. 27, 2001, on her way to a vacation in Mexico.

"Peter thought you might like to act on the information that Sam is selling all of his shares," Faneuil said he told Stewart in the call, referring to ImClone founder Sam Waksal.

Later in the call, Faneuil said, he quoted ImClone's stock price for Stewart, and she eventually declared: "I want to sell." Faneuil placed the sell order, netting about $228,000 for Stewart.

Faneuil, 28, described a frantic effort by Bacanovic in the months after the sale to pressure him into supporting two separate cover stories. He said the broker offered him a week's vacation and a trip to Argentina in early 2002.

He said Bacanovic first told him the reason for the sale was to generate tax losses to offset capital-gains taxes, then claimed he and Stewart had a pre-existing agreement to sell the stock when it fell to $60.

But Faneuil said even Stewart's financial assistant questioned the tax-loss justification because the stock was sold at a gain for Stewart. She had sold many other stocks earlier in December at a loss for tax purposes.

In January 2002, as the investigation into Stewart's stock sale was growing, Faneuil described the explanation that an animated Bacanovic gave him in a discussion in Bacanovic's office.

Faneuil said Bacanovic told him: "Listen, I've spoken to Martha, I met with her, and everyone's telling the same story. This was a $60 stop-loss order. That was the reason for her sale. We're all on the same page, and it's the truth. It's a true story."

Stewart glanced back and forth at Faneuil and prosecutor Karen Patton Seymour while Faneuil testified, silently making notes on a legal pad. Bacanovic made notes as well, and appeared to scoff occasionally when Faneuil described parts of the story that included him.

Faneuil's testimony is the centerpiece of the government's case against Stewart and Bacanovic, who are accused of repeatedly lying to investigators by insisting they had struck the $60 prior arrangement.

The Food and Drug Administration issued a negative report the next day about ImClone's experimental cancer drug, sending the stock on an 18 percent decline. Stewart saved about $50,000 by getting out when she did.

Defense lawyers told U.S. District Judge Miriam Goldman Cedarbaum they plan to question Faneuil on cross-examination about his repeated use of marijuana and the sensation-enhancing drug Ecstasy.

Without the jury present, Faneuil said in court that he had used both drugs while he was employed by Merrill Lynch but that he had never used them during the workday.

A heated exchange followed between Seymour, the lead prosecutor in the case, and Stewart's attorney, Robert Morvillo, on how much of the past drug use should be admissible before the jury.

Faneuil agreed in 2002 to cooperate with the government in its prosecution of Stewart and Bacanovic, and a routine clause in the agreement required him not to break the law.

Morvillo claims Faneuil broke that clause when he smoked marijuana on an April 2003 trip to Jamaica, and said the government should have "torn up" its agreement with Faneuil. Seymour aggressively disagreed.

"I can bet he (Morvillo) he has not identified one single case, ever, in which a cooperation agreement was torn up for marijuana use in Jamaica," she said. "This is ridiculous."

Morvillo countered: "If Mr. Faneuil had gone to England and committed murder, your Honor, even if he was murdering a British subject, I suspect the U.S. Attorney's Office would tear up the cooperation agreement."

The judge answered: "Come on. We don't need hyperbole."

The call from Stewart to Faneuil on Dec. 27, 2001, came on a day when Faneuil had already handled requests from three members of the Waksal family to dump their ImClone shares.

He has testified Bacanovic ordered him to "get Martha on the phone" when he learned of the selling." Stewart called Bacanovic's office that day just after 1:30 p.m.

"Hi, this is Martha," Faneuil said the call began. "What's going on with Sam?"

Faneuil said he related the information about the Waksal selling, and he said Stewart wondered aloud how she could be sure that her own sale had been completed.

Faneuil said he suggested he could send an e-mail to Ann Armstrong, Stewart's assistant, but Stewart told him he could "absolutely not" discuss Stewart's personal business with Armstrong.

"Ms. Stewart started getting extremely upset," Faneuil said.

Faneuil said his lawyer in early 2002, Jeremiah Gutman, urged him to come clean to the Securities and Exchange Commission. Faneuil had initially told the SEC that Stewart simply asked for an ImClone quote, then sold her stock.

But he said Gutman later claimed to have spoken to a Merrill Lynch lawyer who said the government wanted Merrill to give them "Waksal on a silver platter" and look the other way with regard to Stewart's trade. He said Gutman then told him to "lay low" and not change his SEC testimony.


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