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Celebrities






Posted on Tue, Oct. 22, 2002
Martha Stewart Living may face life without Martha

Reuters
Martha Stewart speaks to the American Magazine Conference, Oct. 23, 2001. A year ago, celebrity-centered magazines were quite popular, but their image has been tarnished.
Martha Stewart speaks to the American Magazine Conference, Oct. 23, 2001. A year ago, celebrity-centered magazines were quite popular, but their image has been tarnished.

Maybe they should rename the company Living Omnimedia.

With the securities fraud investigation into Martha Stewart picking up steam, analysts say her namesake company, Martha Stewart Living Omnimedia Inc., is under increasing pressure to plan for a future without its chairwoman and chief executive.

In a major step toward the filing of formal charges, the Securities and Exchange Commission has presented Stewart's legal team with its evidence of her allegedly improper sale of ImClone Systems stock, according to a source close to the investigation.

If the decorating, cooking and gardening guru was forced to step down -- a very plausible possibility, according to legal analysts -- it would be a tough but not catastrophic blow to her company.

"Her most important role in that company is as their spokesperson, brand and television personality. Replacing her in those capabilities would be a lot more difficult than replacing her as chairwoman and CEO," said Adams, Harkness & Hill analyst Laura Richardson.

That sentiment was echoed by Rachel Kennedy, a faithful viewer of Stewart's cooking show on The Food Network, and an infrequent reader of Martha Stewart Living magazine.

"I would still watch. I don't care about her morality, but I do think she has good recipes," said Kennedy, who works in Washington, D.C. at an online consulting firm.

"I occasionally buy her magazine knowing full well she is an awful person," Kennedy added. "Actually, I'm having a dinner party tonight using four of her recipes -- how awful is that?"

Martha Stewart Living, which denied reports in September that it was looking for a new CEO, declined to comment on any possible contingency plans. Stewart's lawyer and personal representative were not available for comment.

HANDICAPPING MARTHA'S CHANCES

Stewart, and her company, have far more to lose from the criminal investigation into her stock trade by the U.S. Department of Justice.

"(There is a) 70 to 80 percent likelihood of a criminal case in my view," said Seth Taube, a former SEC enforcement branch chief in New York and a former assistant U.S. attorney.

"Traditionally, if the SEC came first, the criminal case was not going to be brought. But in the last year since Enron the standard has been just the reverse," said Taube, now with the law firm McCarter and English.

The potential of a prison sentence would be a nightmare for Stewart, and for Martha Stewart Living.

"That is close to the worst-case scenario," said Richardson. In prison, "she couldn't actually show up on the TV set, and that would have implications for the brand name and consumer's and businesses' willingness to associate with the company."

On the civil investigation, the SEC could file charges "within a few weeks" based on the progression of a typical investigation, said Thomas Sjoblom, former assistant chief litigation counsel at the SEC and now a partner with the law firm Chadbourne & Parke.

The commission sent a so-called Wells notice to Stewart last month, according to a source, detailing its charges against her and giving her legal team time to respond.

"It's saying, 'We want to hear from you, give us your best shot,'" said Stephen Rinehart, a defense lawyer at Jenkens & Gilchrist Parker Chapin who specializes in securities law. "More often than not, the proceeding goes forward."

Any settlement talks would likely include a clause that could ban Stewart from serving as an officer or director of a public company. The practice became more common in the 1990s and is increasingly prevalent in the current scandal-ridden business and regulatory environment.

"My read on it is they are going to try to treat her as fairly as everyone else, but you have the added feature of someone with so much notoriety and popularity," said Sjoblom. "Those are going be tough negotiations. It's her company, she put it together, and to take that away from her is not going to be easy."

Shares of the company closed up $1.00 at $8.50 on Tuesday after earlier climbing as high as $9.00 on the New York Stock Exchange, suggesting that investors may have already priced the expectation of Stewart's departure -- from the executive suite, at least -- into the stock.

"There are a lot of talented executives out there, and also within the company, that can fill those roles (of chairman and CEO)," said Richardson.

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