Prosecutors Say Martha Lied

 

Updated from 3:29 p.m. EDT

Calling the season's biggest Wall Street scandal a "tragedy," federal prosecutors charged Martha Stewart and her stockbroker, Peter Bacanovic, with nine felony counts Wednesday, saying a conviction could mean jail time. Both defendants pleaded innocent.

Wednesday evening, Stewart announced she would step aside as CEO and chairwoman of Martha Stewart Living(MSO). She will remain a board member and serve as chief creative director.

A day after she missed her company's annual meeting, Stewart appeared at the federal courthouse in Lower Manhattan on a rainswept afternoon. Stewart and Bacanovic, a former Merrill Lynch broker, now face charges stemming from her sale of some 4,000 shares of ImClone Systems just before the biotech stock plunged in December 2001.

Wednesday's 41-page indictment charges both Stewart and Bacanovic with conspiracy, obstruction of justice and making false statements. Bacanovic is also charged with perjury, accused of giving false testimony under oath to the Securities and Exchange Commission. Stewart, meanwhile, is charged with securities fraud.

If convicted of all the criminal charges, Stewart faces up to 30 years in jail and fines of up to $2 million. Meanwhile, Bacanovic faces 25 years in prison and fines of up to $1.25 million. Stewart faces additional sanctions and fines under an SEC civil prosecution.

The charges capped a 16-month-long investigation. Ahead of the defendants' pleas, a highly polished news conference saw prosecutors distill the nine counts against Stewart and Bacanovic to one overarching alleged misdeed.

"This criminal case is about lying," U.S. Attorney James Comey told reporters at the midafternoon news conference. "Lying to the FBI, lying to the SEC and lying to investors. ... This is a tragedy that could have been prevented if only these two had done what parents have taught their children for eons."

Stewart's lawyer, Robert Morvillo, issued a statement asserting Stewart's innocence and denouncing prosecutors for using her public remarks about the controversy as the basis for the securities fraud allegation.

TheStreet Premium Services    For Personal Service: 877-471-2967

Jim Cramer
Jim Cramer's Action Alerts PLUS:
Trade right alongside a Wall Street pro — enjoy access to his Charitable Trust portfolio and be sent trade alerts BEFORE he makes a move. Learn More
New: ETF Profits
ETF Profits:
Get money-making ideas from the hottest investment vehicle on the planet. Our experts show you how to play various ETF sectors to help pump-up your portfolio. Learn More
OptionsProfits
OptionsProfits:
Get 50+ trade ideas a week from the industry's top options experts. Plus — exclusive commentary on market trends and essential trading tools. Learn More
Doug Kass
Real Money:
Our team of professional Wall Street Pros — including Jim Cramer, Doug Kass, and Nicholas Vardy — delivers intelligent analysis, timely trade ideas, and colorful commentary. Learn More
Stocks Under $10
Stocks Under $10:
Break into the market with small- and mid-cap stocks... all $10 or less! David Peltier tells you exactly which low-priced stocks he's buying and selling. Learn More
To begin commenting right away, you can log in below using your Disqus, Facebook, Twitter, OpenID or Yahoo login credentials. Alternatively, you can post a comment as a "guest" just by entering an email address. Your use of the commenting tool is subject to multiple terms of service/use and privacy policies - see here for more details.
blog comments powered by Disqus
Dow Jones S&P 500 NASDAQ 10-Year Note
12,759.53 1,337.95 2,898.07 19.91
Oil *
116.87
DOWN
130.93
DOWN
14.00
DOWN
29.16
DOWN
0.56
10 Yr
1.99%
SPDR Gold
166.54
-1.02%
-1.04%
-1.00%
-2.74%
Data delayed 20 minutes

Top Stories and Tools

Brokerage Partners

After the Bell

Before the Bell

Booyah! Newsletter

ETF Daily

Midday Bell

TheStreet Top 10 Stories

Winners & Losers

We respect your privacy.
Podcasts

Connect with TheStreet