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It’s safe to say that Waksal was in possession of material non-public information, where the question lies is whether or not Stewart was. When approached with the information that the founder of ImClone was selling all their shares, it can mean one thing and one thing only – shit’s about to hit the fan and you want out as quickly as possible. Had Stewart not have been informed about the Waksal family selling their ImClone shares through Bacanovic, she probably would not have made a rash decision and instructed Faneuil to sell all her shares in the company. There is no doubt whatsoever that Waksal was in possession of “material insider information”, it was Bacanovics relay of information to Stewart that put her in risk...
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