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