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The prosecution, which introduced the tape, contends the $60 story is a lie The actual recording is, "We received a call And she said Stewart was clear on what the agency expected "They've been attempting to do that since Day 1 "They opened on that point, judge," Morvillo answered " But she stressed she was a "fact witness" who had no bias in her testimony Stewart Jury Hears Tape of SEC Interview Feb 11, 5:03 PM EST Jurors in the Martha Stewart trial listened for more than an hour Wednesday to a recording in which her stockbroker recounted to investigators his version of why the domestic entrepreneur sold ImClone Systems stock 27 from the Waksals, wanting to sell stock Stewart also claimed in two SEC interviews that stockbroker Peter Bacanovic handled her sale of ImClone that day But under questioning from prosecutor Michael Schachter, Glotzer said SEC routinely does not provide the form when it conducts joint interviews with prosecutors But Bacanovic lawyer Richard Strassberg claims Bacanovic actually used words like "we" and "us," rather than "I," to describe who handled the sale 13, 2002 "She was advised to be truthful, and that she could speak to her counsel at any time," Glotzer said "Yes," Glotzer said " Morvillo petitioned the judge Wednesday to let him argue that Stewart's sale was not an act of insider trading While Stewart is charged with obstruction of justice and securities fraud, she is not charged with insider trading He wants to show Stewart never believed she made an insider sale â€â€? and therefore had no motive to lie S "Is it your hope that the government wins this case?" Morvillo asked The SEC, prosecutors and the FBI routinely conduct joint white-collar investigations District Judge Miriam Goldman Cedarbaum ordered the transcript of Bacanovic's February 2002 SEC interview changed after Bacanovic's attorneys pointed out an error Under questioning from Morvillo, Glotzer said the SEC had not provided Stewart a form before a February 2002 interview that advises interviewees that lying to the agency is a crime Jurors donned wireless headphones to listen to the interview of broker Peter Bacanovic by the Securities and Exchange Commission on Feb On the tape, Bacanovic denies any advance knowledge of the bad news that sent ImClone plummeting just after Stewart sold on Dec Earlier Wednesday, Stewart's lawyer Robert Morvillo tried to show that SEC enforcement lawyer Helene Glotzer gave biased testimony because she has a rooting interest for the government Lawyers for Bacanovic tried to show Glotzer gave jurors an inaccurate portrait of Bacanovic's own SEC testimony in the earliest days of the ImClone probe "I believe in the case It was actually Bacanovic's assistant, Douglas Faneuil, who took the order Stewart told the SEC in 2002 that she did not remember being tipped that ImClone CEO Sam Waksal was trying to dump his shares on the same day that she did, according to Glotzer's testimony But the judge, worried that jurors will become confused about the actual charges against Stewart, was cool to the request Waksal later admitted having insider knowledge of the news Prosecutors do not allege she had advance word of the ImClone news, only that she knew the Waksal family was dumping its stock He describes a conversation a week before the sale in which he asked Stewart: "How low does this have to go before you're prepared to part with it?" He said Stewart didn't know, so he suggested $60 per share " "I have not seen that," the judge replied ' That can't mean anything but insider trading Morvillo claims prosecutors implied in their opening statement, when they accused Stewart of receiving a "secret tip," that she was trying to cover up insider trading The day after Stewart dumped ImClone, the company announced disappointing news about a cancer drug that sent the stock on a quick 18-percent decline The previous transcript had Bacanovic saying "I received a call" on Dec 27, 2001 Prosecutors have placed Glotzer on the stand in hopes of laying the foundation for what they say are repeated lies by Stewart in 2002 about why she sold the 3,928 shares of ImClone stock "They opened on `secret tip Glotzer testified that Bacanovic had told the SEC he personally dealt with Stewart on the day she sold her stock "The insider-trading allegations are spread throughout," Morvillo said Morvillo also tried to draw out details of Glotzer's close work with the federal prosecutors handling the case " He made a request to have a mistrial declared, but the judge refused U Bacanovic's assistant testified earlier that the broker ordered him to alert Stewart on the day of the sale that the family of ImClone CEO Sam Waksal was selling Barbalics said the film will be completed by the beginning of April 7 million movie "The logistics for the film are immense because we have around 150 actors and nearly 12,000 extras to deal with," he said Filming Starts on Kertesz's 'Fateless' Dec 17, 8:15 AM EST Filming started Monday on "Fateless," based on Imre Kertesz's story of a young boy's experiences during the Holocaust, said producer Peter Barbalics The movie is expected to be in theaters next year Kertesz, who won the Nobel Prize for literature in 2002, wrote the script for the $11 "Fateless," the directorial debut of cinematographer Lajos Koltai, is being shot in Hungarian and will be dubbed or subtitled into English and German |
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