Q&A on what's next for Stewart

Published: Sunday, March 7 2004 12:00 a.m. MST

NEW YORK — Here's a look at some of what Martha Stewart faces after being convicted on four charges in connection with allegations she lied about the circumstances surrounding the sale of her ImClone Systems Inc. shares:

Question: What does she have to do next?

Answer: U.S. District Court Judge Miriam Goldman Cedarbaum ordered Stewart and her co-defendant, former Merrill Lynch & Co. Inc. stockbroker Peter Bacanovic, to report to probation officials on Monday. Paul Summit, a former federal prosecutor in the Southern District of New York — where Stewart was prosecuted — said that meeting starts the process of compiling a presentence report.

Question: What is the presentence report?

Answer: Cedarbaum requested the report to help her determine Stewart's sentence. The report will summarize Stewart's business, financial and family matters. It will also include information about Stewart's crimes, past criminal history (she has none), community activities and other matters.

Question: Will she be sentenced to prison?

Answer: Legal experts say it is nearly certain that Stewart will receive a prison sentence when she stands before Cedarbaum June 17.

Question: How long will her sentence be?

Answer: That depends on a number of factors. If Cedarbaum gave her the maximum sentence for each of the four counts, she could receive up to 20 years, but legal experts are virtually unanimous it will not be nearly that long.

Ross Albert, a former federal prosecutor, said that as a first-time offender convicted of obstruction, Stewart will get 15 to 21 months if the judge does not take any other factors into consideration.

Question: What other factors can the judge consider?

Answer: Albert said prosecutors are likely to claim that under the guidelines, Stewart should get a longer sentence. Prosecutors are likely to argue she is guilty of "substantial interference with the administration of justice," that she altered a record (a computer phone log of messages her assistant kept) and that she played a leading or aggravating role in the scheme.

If the judge ruled against Stewart on each of these and other arguments by the prosecution, the sentence could be much longer, he said.

But Stewart's lawyers are likely to argue for leniency on the grounds such as her behavior was out of character and that she has done good deeds.

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