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The stock market world was waiting for the FDA to make a decision on Erbitux. The pharmaceutical company ImClone was denied for a new drug Erbitux, which the company promised to be a cancer drug. Marta Stewart received information from her broker Peter Bacanovic to sell her stock. Bacanovic unlawful inside tip was that other clients of his which included CEO of ImClone Samuel Waksal and his daughter, where selling all of their stock in ImClone that was held by Merrill Lynch. Waksal knew at the time of his order to sell that the FDA was not going to approve the Erbituz application. Under Merrill Lynches policies the information of Waksal sale was confidential and “under Merrill Lynch policies, which prohibited employees from disclosing client transactions or effecting client trades on the basis of other client transactions”(SEC...
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