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Inside the Martha Stewart Investigation:
A Case of Double Standards
By John Small
If the latest news headlines prove anything, they reveal that the idea of the female executive in America is under attack. From Martha Stewart to Jill Barad at Mattel and Carly Fiorina at HP, there is a growing hostility among some towards powerful women in business.
The current media assault on Martha Stewart is potentially harmful to all women in the business world. Martha Stewart is a successful female entrepreneur, who has turned the things that most women are ashamed to say they do into a billion dollar empire. She literally built her empire from scratch.
Now she is being attacked by some in the media with a level of attention and viciousness that is better reserved for the truly venal, the pedophiles, the Enron execs, the corporate titans who scam their companies for millions, leaving investors and employees in the dust.
The same commentators that lectured the Taliban for not making women an equal partner in Afghan society have not even hesitated to get out the pointy-toed boots when one of their own is down...
What Really Happened?
Everyone wants to know the answer to one question: Did Martha do it? We're not sure, nobody yet knows what happened--and that's the point. Martha has already been tried and convicted in the press.
Lets assume that Martha did do it, and sold stock on the recommendation of her broker Peter Bacanovic, which seems the most likely scenario.
Put yourself in her shoes--your broker calls and says its time to sell your stock, that the price is going down. What do you do? Refuse? Lose money against his advice? Isn't it your brokers job to tell you when to buy or sell? He's your broker, and you trust him. So you sell. Later, it turns out your broker had insider information. And you're in big trouble.
If this scenario proves to be true, then who will be safe in the future selling on the advice of their own broker? If the broker has inside info, then tells you to sell, how can you be expected to know whether the information is privileged?
Proportionality
Lets assume for a moment that Martha somehow knew the information was privileged and this was an insider trade. She sells. The next day, the FDA announcement is made and the stock falls $5.
Martha has now saved $60,000 on an investment of less than $300,000. $60,000. That's it. For a woman who was only one of three female self-made billionaires in our nation's history. This momentus event happened in a market where executives at Enron, Global Crossing, Tyco, Adelphia, Andersen have pocketed millions for themselves and lost billions of shareholder dollars. Had Martha Stewart really wanted to be an inside trader, don't you think she would have had a better plan? Don't you think she would have made a lot more money?
So why is this front page news day after day? The obvious reason is because nobody knows or cares about Ken Lay, Dennis Koslowski, Gary Winnick, David Duncan, or any of the other execs in the other scandals. After all, they don't have sheets and croc pots with their names on them at K-Mart. Their names don't sell newspapers.
So Martha's fame is a great source of the attention.
But so is the fact that she's a woman. Most men don't like it when women make more money than they do. This is their chance to get their revenge.
The Facts:
We don't yet know all of the details of what happened, and yet several journalists have already tried and convicted Martha in the press.
Martha basher #1 Christopher Byron has made a career out of attacking Stewart, then going on talk shows and soft pedaling his book Martha Inc. as an "honest" and objective look at Martha, despite pages of rumors and some very nasty stories used as a PR tool to boost his book sales.
The NY POST has also taken the lead in this attack, with front page headlines, unflattering pictures, photographers hounding Martha and staking out her home...haven't they learned anything from the tragedy of Princess Diana? Martha was on the front page of the NY Post and NY Daily News 14 times last August. The real corporate crooks barely made it into the business section. The front page was reserved not for bin Laden or Ken Lay, not for the economy or education, but for Martha.
Here's what we do know
Based on what we know today, nobody lost any money, their job, their life savings, or their home as a result of this single sale of stock. Contrast that with Worldcom, Enron, Xerox or Global Crossing. Billions lost, tens of thousands of jobs gone.
If Martha had sold her stock the day after the announcement, she would have made just $60,000 less than she made by selling the day before. Enron cost investors a total of $65 billion dollars --that's over 6 million times more than Martha's transaction, not to mention the tens of thousands of jobs lost in that scandal. A year later, nobody from Enron is in jail, and Ken Lay doesn't receive a tenth the coverage or scutiny that Martha Stewart does.
What did other recent scandals cost Americans?
Worldcom: $150 Billion
Tyco: $125 Billion
Adelphia: $20 Billion
Xerox: $6 Billion
So where is the proportionality? Why is there so much noise about a single transaction?
It's simple: nobody knew or cared who Ken Lay was, he didn't have sheets with his name in K Mart, or TV and radio shows, or a national magazine, much less a personality. Yet Ken Lay has not said a word to anyone about what went on, and nobody is asking him any questions as he hides behind lawyers and the Fifth Amendment. His former employees are broke, and one even tragically committed suicide. Ken Lay is not glamorous. Ken Lay is not female.
Yet Martha is not the first woman the media has criticized--here are some others:
Jill Barad, former CEO Mattel: after successfully turning Mattel around and restoring the Barbie franchise to record sales and market share, the media and her board decided they'd had enough and she was cast in the press as conniving, manipulative, and not strategic enough to lead Mattel. She was forced to leave in disgrace.
Carly Fiorina, CEO Hewlett-Packard: After getting into a nasty and very public battle with Walter Hewlett, the slightly-less- successful-than-his-father son who suddenly thought he had all the answers to lead HP into the future, Fiorinas ability and motives were questioned by the media, yet Walter walked away unscathed.
So it's time to start taking a stand, to tell America and the media to get focussed on fixing our broken system and to stop picking on people like Martha.
How do you do it? Go to our Action Plan and find out...
John Small
Editor
SaveMartha.com
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