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U.S. v. STEWART

No. 03 CR. 717(MGC).

305 F.Supp.2d 368 (2004)

UNITED STATES of America, v. Martha STEWART and Peter Bacanovic, Defendants.

United States District Court, S.D. New York.

February 27, 2004.

Attorney(s) appearing for the Case

Alia L. Smith, David A. Schulz, Levine, Sullivan, Koch & Schulz, LLP, New York, NY, for Appellant.

John J. Tigue, Jr., Rebecca A. Monck, Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., Robert G. Morvillo, Morvillo, Abramowitz & Grand, P.C., New York, NY, for Defendants.

OPINION

CEDARBAUM, District Judge.

Defendant Martha Stewart has moved for a judgment of acquittal pursuant to Fed.R.Crim.P. 29. The motion is granted with respect to Count Nine only.

This is one of those rare cases in which the standard of proof makes a difference in the assessment of the sufficiency of the evidence. The Government argues, in effect, that evidentiary sufficiency is the same in civil and criminal securities fraud cases. However...

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