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Hello, Would you help me to understand the following question? Martha

Resolved Question:

Hello,

Would you help me to understand the following question?

XXXXX XXXXX was only convicted (and sentenced) for her obstruction of justice charge (not insider trading). Why is that? What are the elements of each and which element was lacking in the government's insider trading case against her?

Thank you
Submitted: 1 year ago.
Category: Business Law
Expert:  LawHelpNow replied 1 year ago.

Hello,

Thank you so much for this opportunity to try and be of service to you today.

Wisdom...compassion..empathy. These are more than words for me. They are my promise to you.

I am a licensed attorney and will do my best to provide you an honest and accurate answer to your important legal questions.

QUESTION: "Why is that?

ANSWER: Defenndant Stewart was not convicted of insider trading on account of the Government having failed to meet its burden of proving each and every element of the case against her beyond a reasonable doubt.

QUESTION: "What are the elements of each and which element was lacking in the government's insider trading case against her?"

ANSWER: Prior to the case reaching the Jury, Judge Cederbaum, having reviewed the evidence rpesented by the Government, dismissed the securities frraud charge. The Court held that, as a matter of law, "no reasonable juror can find beyond a reasonable doubt that the defendant lied for the purpose of influencing the market for the securities of her own company." Here are the elements for each offense for which she was convicted: (1) conspiracy 18 U.S.C. § 371; (2) obstruction of justice 18 USC § 1505; and (3) making false statements to a federal investigator 18 USC § 1001.

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