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More than a month later, the government says, Stewart accessed her assistant's computer phone log and changed an entry about the message to simply: "Peter Bacanovic re ImClone The stock now trades at about $10 Serafini, a former economic crimes prosecutor in New York In the speech, Stewart maintained her sale of ImClone had been perfectly legal, and that she was cooperating "fully and to the best of my ability with investigators Some Surprised by Martha Stewart Charges Jun 6, 12:10 PM EST Martha Stewart is accused of deliberately trying to inflate the stock of her own company â€â€? simply by declaring her innocence Instead, the SEC charged Stewart with insider trading in a civil action filed Wednesday just after the criminal charges "There's kind of a natural tendency when you're confronted with something to deny it " Stewart, 61, resigned as head of the company after the indictment, but said she would stay on the board and remain the company's creative chief Critical to the government's case is a claim that Stewart went out of her way to cover up a message from Bacanovic on the day of the ImClone stock sale in which he said he believed the stock would fall "I was a little surprised at that," said Richard A " "It's extremely damning evidence," said David Marder, a former Securities and Exchange Commission lawyer Martha Stewart Living Omnimedia rose more than $2, or about 14 percent, to $16 The government says Stewart had inside knowledge the stock was about to plummet She pleaded innocent to all charges, but could go to prison for several years if convicted com Proving insider trading in a civil case requires showing only that a "preponderance of the evidence" implicates the defendant Her former stockbroker, Peter Bacanovic, was also indicted and pleaded innocent The complaint seeks to ban Stewart from ever leading a public company and force her and Bacanovic to pay more than $45,000 â€â€? the losses they say Stewart avoided by unloading ImClone stock " Legal experts said the charge is a high-risk move designed to convince a jury that Stewart hurt thousands of ordinary stockholders in Martha Stewart Living Omnimedia by trying to cover up her legal problems marthatalks 45 after her speech While legal experts say the securities-fraud charge could be a reach for prosecutors, they say the rest of the indictment amounts to a daunting case against Stewart Now they're charging it as market manipulation "That is clearly the most controversial part of this indictment On Thursday, the home-style guru made an appeal to public opinion, taking out a full-page ad in USA Today and launching a Web site to pronounce herself innocent " Still, prosecutors did not actually indict Stewart on the charge of insider trading, an extremely difficult charge to prove in a criminal case " "Clearly, a tactical decision was made to shy away from the more complex securities violations," Mintz said com Martha Stewart Living Omnimedia: http://www They did not allege she had advance word of the bad news on ImClone â€â€? only that she knew the Waksal family was dumping its stock "The government strategy here is going to be to make this case as simple as possible "It goes way back to Richard Nixon â€â€? you see people get in more trouble for covering things up than of the actual conduct "What the government is trying to suggest here is that this was not a victimless crime," Robert Mintz, a former federal prosecutor, said Thursday Stewart dumped her ImClone stock one day before the government issued discouraging news about an ImClone cancer drug " â€â€?â€â€?â€â€? On the Net: Stewart defense site: http://www "The government's attempt to criminalize these actions makes no sense to me," Stewart writes in an open letter on the site, which invites her fans to e-mail her with their thoughts But it was the charge of securities fraud, placed near the end of the 41-page indictment, that surprised many legal watchers Inserting an unusual twist into their indictment of the domestic diva, prosecutors charge that she committed a crime when she stood up in public last summer and denied engaging in insider trading " Prosecutors say those were lies designed to pump up the stock price of her company Convicting someone of insider trading in a criminal case requires proof "beyond a reasonable doubt marthastewart The charge cited a speech Stewart gave at an investors conference in New York on June 19, 2002, a week after ImClone founder Samuel Waksal, her longtime friend, was arrested on fraud charges Stewart was indicted Wednesday on five federal counts â€â€? including obstruction of justice, conspiracy and lying to investigators â€â€? tied to her December 2001 sale of nearly 4,000 shares of ImClone Systems stock Morgan Partners and AMC's current majority owner, Apollo Management LP, plans to buy the company and take it private, paying stockholders $19 1 percent of the company Morgan Partners: http://www Morgan Chase & Co 4 chain, last month for $1 8 billion In the past year, shares of AMC have traded as low as $10 6 billion A group of investors led by Bain Capital bought Loews Cineplex, the No Marquee Holdings Inc P jpmorgan 8 million, or 17 cents per share, in the period ended July 1, compared to $2 50 per share AMC to Be Bought by Private Firm Jul 22, 1:13 PM EST AMC Entertainment Inc AMC's existing management would continue to run the company The company said it earned $8 AMC said the deal includes $1 amctheatres AMC's stock has bounced around in recent years Morgan Partners was looking to buy the company 16 on the American Stock Exchange Thursday before trading was halted for the announcement Revenue increased 4 percent to $489 million during the quarter, which includes the beginning of the all-important summer movie season , the No The shares were at $19 Apollo Management purchased its stake in AMC in April 2001, spending $250 million on a new series of nonvoting preferred stock If consummated, the sale would be the third deal involving a theater company this year , a joint operation of private equity firm J That stock can be converted to common stock, which when combined with the 150,000 shares of common stock Apollo also owns, would give the firm just over 50 percent of AMC's outstanding common shares In March, Madison Dearborn Partners bought Cinemark Inc 46 billion The stock recovered in mid-2002 to around $14 a share, before dropping again into single digits The offer from Marquee Holdings represents a 14 percent premium on that, and 37 percent over what the shares were worth Monday when published reports said J â€â€? would own 50 7 million, or 7 cents per share, in the same period last year P 3 theater chain, for $1 AMC also said Thursday its fiscal first-quarter earnings beat analyst expectations 91, or more than 11 percent, on Thursday afternoon after trading resumed The company had revenues last year of $1 But nothing came of the talks, which the companies ended in January Analysts polled by Thomson First Call had expected earnings of 15 cents per share com/cm/cs?pagenameChase/Href&urlnamejpmorgan/jpmorganp artners P Morgan Partners â€â€? the private equity arm of J â€â€?â€â€?â€â€? On The Net: AMC Entertainment Inc: http://www P AMC shares were selling at $17 07, up $1 It dropped below $2 a share late in 2000 after nearly reaching $20 a share the year before AMC operates 232 theaters with 3,554 screens in the United States, Canada, France, Hong Kong, Japan, Portugal, Spain and the United Kingdom P AMC and Loews had said in late 2003 that they were discussing a possible merger that would have created a rival to industry leader Regal Cinemas , the nation's second-largest theater exhibition company, said Thursday it will be sold in a deal worth $2 billion com/ J If approved by shareholders and regulators, J 67 billion in equity and the assumption of $748 million in debt less $399 million in cash and equivalents |
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