Free Martha? Not with these Headings!

Martha Stewart may be poised to star in a Donald Trump spin-off, but she still has that pesky federal appeal. Will it succeed?

In its brief defending Stewart’s conviction, the government uses fact-section headings extremely effectively. 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.”

Here’s an excerpt from the U.S. Attorney’s brief:

A. The Government’s Case

  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)

Order Point Made

Order Point Taken

Order Deal Struck