I. Introduction
Martha Stewart1 is the subject of a civil enforcement action alleging violations of U.S. securities laws and regulations governing insider trading.2 This, in and of itself, is not remarkable. Many rich and powerful people-and many others in less financially and socially advantaged situations-have been pursued and brought to account for trading securities while in possession of material, nonpublic information. In these post-Enron times,3 much of the public has become numb to the pain of new revelations of possible securities fraud, including insider trading. In this landscape, the Martha Stewart insider trading investigation (including the related insider trading …