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Martha Stewart Saved! Insider Violations of Rule 10b-5 for Misrepresented or Undisclosed Personal Facts

53 Pages Posted: 24 Aug 2006  

Joan MacLeod Heminway

University of Tennessee College of Law

Abstract

This article analyses the criminal securities fraud charges brought against Martha Stewart. Stewart was acquitted of these charges by a federal district court judge in February 2004. Specifically, the article initially focuses on whether the securities fraud charges brought against Stewart were valid as a matter of prosecutorial discretion and substantive law and whether the court was correct in granting Stewart's motion for acquittal before handing the rest of her case to the jury for deliberation. The article then offers substantive and procedural observations about Rule 10b-5 cases like the one brought against Stewart.

Keywords: Martha Stewart, Section 10(b), Rule 10b-5, securities fraud, Rule 29, prosecutorial discretion

JEL Classification: K14, K22, K41, K42

Suggested Citation

Heminway, Joan MacLeod, Martha Stewart Saved! Insider Violations of Rule 10b-5 for Misrepresented or Undisclosed Personal Facts. Maryland Law Review, Vol. 65, 2006. Available at SSRN: https://ssrn.com/abstract=926245

Joan Heminway (Contact Author)

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996
United States
865-974-3813 (Phone)
865-974-0681 (Fax)

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