It’s worth noting that Martha Stewart’s conviction was not for insider trading, but of obstruction of justice and lying to government investigators about the matter.
Which should be an object lesson that it’s often not the crime that does one in, but the cover-up. Just ask Nixon. Or any kid.
Someone wrote to InstaPundit asking, “So, am I correct in assuming she has been found guilty of covering up crimes the government couldn’t prove she committed?” Yes, and while that might seem unfair on one level, it’s a much easier thing to prove — and is, clearly, also a criminal action (and one that folks are often convicted of, and not infrequently without the crime in question being prosecuted). Just like Al Capone wasn’t brought down for rum-running (or the violence associated with it), but for not reporting his ill-gotten gains as income for taxes.
Again, it’s the cover-up, stupid.
One of the reason that the prosecutors go after such cases is that THEY are the victums. They might say it is to protect the integrity of the investigation, but when they are the ones being lied to and it gets personal. Or to put it diffeently, Martha is going to jail for what Bill skated on –lying to the authorities about something of which there were no criminal charges. I bet Martha would have wanted senators for jurors. 🙂
I think one of the basic differences between MS and BC was that what MS was doing WAS illegal, while what BC did was while immoral, certainly no illegal. Also, defrauding your investors certainly is the investor’s (and possibly the public’s) right to know. Whom you sleep with is not.
Certainly I suspect that prosecutors take it personally when folks stonewall them. And given the rumors of MS’s personality, it wouldn’t surprise me if she was her own worst salesperson when it came to dealing with the investigators.
That said, the integrity of investigations is important. And, as noted, it’s a lot easier to hang you on it.
BC skated a bit around it — but that skating was enough to warrent charges of impeachment.
The lesson, once more, is — when you’re caught, 9 times out of 10 it’s best to come clean and do the time.
Plus, if there is any mercy of the court to throw yourself on, it will almost certainly evaporate after you get caught lying to them.