Free Martha? Not with These Headings!

In 2006, the Second Circuit rejected Martha Stewart’s appeal, which sought to overturn her conviction. Yet while Stewart’s appeal proved unsuccessful, the government’s briefing was far from so.

In defending Stewart’s conviction, the government uses fact-section headings masterfully. Most lawyers include no headings in their fact sections at all. Even those who include headings often limit them to generic titles such as “Defendant’s Negligence.”

Compare these fact-section headings from the U.S. Attorney’s brief!

1. “Get Martha on the Phone”
2. “Peter Bacanovic Thinks ImClone is Going to Start Trading Downward”
3. Stewart Sells Her ImClone Stock
4. “Something is Going on With ImClone and Martha Stewart Wants to Know What”
5. Stewart’s Conversation With Mariana Pasternak
6. The Investigations Begin
7. The Tax Loss Selling Cover Story
8. January 3, 2002: Faneuil Lies to Investigators
9. Bacanovic Changes the Cover Story
10. January 7, 2002; Bacanovic Lies to Investigators
11. Stewart Alerts Bacanovic’s Telephone Message
12. February 4, 2002: Stewart Lies to Investigators
13. February 13, 2002: Bacanovic Lies in Sworn Testimony
14. March 7, 2002: Faneuil Lies to Investigators Again
15. April 10, 2002: Stewart Lies to Investigators Again
16. Stewart’s False Public Statements
17. Faneuil Reveals the Truth

U.S. Attorney’s Brief (PDF)