Ball Don't Lie - NBA

Just when you thought things couldn't get any worse for the Dallas Mavericks ...

Owner Mark Cuban has been charged by the Securities and Exchange Commission for allegedly dumping shares in Mamma.com — The Mother of All Search Engines — upon learning it was raising money in a private offering. Gulp. Here's a snippet of the SEC press release, via The Huffington Post:

The Securities and Exchange Commission today charged Dallas entrepreneur Mark Cuban with insider trading for selling 600,000 shares of the stock of an Internet search engine company on the basis of material, non-public information concerning an impending stock offering.

The Commission's complaint, filed in the U.S. District Court for the Northern District of Texas, alleges that in June 2004, Mamma.com Inc. invited Cuban to participate in the stock offering after he agreed to keep the information confidential. The complaint further alleges that Cuban knew that the offering would be conducted at a discount to the prevailing market price and that it would be dilutive to existing shareholders.

Straightforward explanation, with help from the Wall Street Journal: The SEC alleges Cubes sold his entire ownership stake after learning that Mamma.com was raising money through a private investment in a public entity, or PIPE. The next day, the company announced the PIPE financing and shares of the company dropped by more than 10%. By selling his goods, the SEC alleges, Cubes avoided more than $750,000 in losses.

So much for buying the Cubs or landing Stephon Marbury ...

Update: It's not much, but we have a short legal response on Cuban's blog: "I am disappointed that the Commission chose to bring this case based upon its Enforcement staff’s win-at-any-cost ambitions. The staff’s process was result-oriented, facts be damned. The government’s claims are false and they will be proven to be so."

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  1. The Devil
    1. Posted by The Devil Thu Sep 03, 2009 2:45 pm EDT

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    Not any sympathy for Cuban, but it's still nice to know you live in a country where you are forced to lose $750,000 because the information you have isn't public, or risk someone finding out and lose even more.
  2. DOC
    2. Posted by DOC Thu Sep 03, 2009 10:14 pm EDT

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    This comes out over 4 years after the fact, sounds like Mark has someone at the SEC that doesn't like him. I guess its better to just let the 750,000 dollars go rather than use information that everone else doesn't know about. If they can put Martha in the slammer for this, you know Marks in big trouble.
  3. maodi2014
    3. Posted by maodi2014 Thu Sep 03, 2009 7:05 pm EDT

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    not really, worst comes to worst, cuban fights it a bit, gets banned from ever making another trade (boohoo! He's rich enough) or gets a slap on the wrist....it's not uncommon for ppl to get charged w/ insider trading, just that not everyone is treated equally and mark, by being such a well-known person, is being made into an example.
  4. Brick Tamland
    4. Posted by Brick Tamland Thu Sep 03, 2009 3:28 pm EDT

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    The Devil:
    You clearly aren't much of a business or accounting buff. That info that Cuban had he was privileged to because he had connections in the company. But he's no different than any other Joe that has stock in the company that would lose their hard-earned money that they chose to invest.
    Also, insider trading is not illegal as long as you file an insider trading filing with the SEC. Cuban just thought he was a bit wiser than everyone, but it turns out not so much.
  5. trer
    5. Posted by trer Thu Sep 03, 2009 10:19 pm EDT

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    With the economy the way it is, do you really think the SEC will "ban" Mark Cuban and his 2.8 billion from trading? I foresee a slap on the wrist at most and probably all that's deserved.
  6. Steve Smith
    6. Posted by Steve Smith Thu Sep 03, 2009 3:50 pm EDT

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    I like how Mark does things... If you're not cheating, you're not trying.
  7. matthew_11_11
    7. Posted by matthew_11_11 Thu Sep 03, 2009 7:11 pm EDT

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    Cuban is estimated to be worth $2.3 billion as of March 2007 according to Forbes magazine. $750,000 is less than 3.5% of $2.3 billion. If he was able to put his entire networth into an account that earns just 1% interest on the $2.3 billion, he more than doubles the $750,000 in less than 1 month.
    So why sell early and risk it? Sounds like he's greedy.
  8. Peter D
    8. Posted by Peter D Thu Sep 03, 2009 3:07 pm EDT

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    he never would have got to where he is if it was not for adding little pieces to his wealth
    he didnt make $2.3 billion in one day
    everyone gets greedy not matter how much u already have
  9. eight inches
    9. Posted by eight inches Thu Sep 03, 2009 10:37 pm EDT

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    Basketball = boring.
  10. Ralphredimix
    10. Posted by Ralphredimix Thu Sep 03, 2009 8:27 pm EDT

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    Martha Stewart did a 5 month bid plus 2 years probation and wore a Lojack on her ankle for 5 months after her release for a similar indictment. The difference is that her stoploss was only 45k, not 750k. If you lose this case be prepared to be in the clink a long, long time Cuban. Ouch!
  11. Michaelc
    11. Posted by Michaelc Thu Sep 03, 2009 3:29 pm EDT

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    $750,000 is less than 0.035% of $2.3 Billion. Just for clarification.
  12. Jaytee
    12. Posted by Jaytee Thu Sep 03, 2009 4:29 pm EDT

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    Glad to know the SEC is doing their job. You would think they would have someone elso to indict besides a small player like Cuban. I'm sure there was some bigger inside trading before Bears Stearns or a WAMU was going under. Free Michael Vick and Barry Bonds...
  13. AC23
    13. Posted by AC23 Thu Sep 03, 2009 10:53 pm EDT

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    i'm behind cuban 100%. i don't like the dude, but i like how he pointed out that the SEC is corrupt. fight it, cuban!
  14. sw_ohio
    14. Posted by sw_ohio Thu Sep 03, 2009 3:48 pm EDT

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    Mark Cuban will not go to jail for this. It's a civil matter. Read the complaint.
  15. Chris M
    15. Posted by Chris M Thu Sep 03, 2009 7:16 pm EDT

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    It seems very strange that it took four years for the SEC to drop the hammer on Cuban. How long did the SEC take to bring charges out against poor ol Martha? Are there any other people who have been charged with insider trading more than 4 years after their so called illegal stock maneuvers or trades.
  16. Neal L
    16. Posted by Neal L Thu Sep 03, 2009 10:59 pm EDT

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    You know, maybe the stock drops 10% because he sold 600,000 shares.
    If he didn't, the stock probably lost 1% or less (a gain even, depends on the trade volume).
    This probably made the CEO of the company pretty pissed off.
    Enough so that he complained to the SEC to get them off on Cuban.
    Isn't that a bit unfair? Maybe so, but Cuban is rich enough to afford to pay the price. Settle and move on.
    Of course, this event will hurt his reputation even more... cheater...
  17. cefraud
    17. Posted by cefraud Thu Sep 03, 2009 3:20 pm EDT

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    Any chance he will be sent to jail? Maybe he can call Mrtha Stewart for tips on how to handle himself in the clink!
  18. brian w
    18. Posted by brian w Thu Sep 03, 2009 3:15 pm EDT

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    Another example of how F'IN stupid those morons are at the SEC. While they were building this CIVIL fluff case against Mark Cuban, they "missed" regulating the financial CEO's for lying to the public about how F'IN screwed they and there "joke Companies" were. So, as a result, money managers put pension and hard working people's money into these entities because the CEO's kept saying "all is well". Thereby, TRILLIONS are now "poof" gone and the SEC is policing up Mark Cuban. Great job you idiots at the SEC!! By the way, The DOW will be under 7,000 by years end, since there is STILL no transparency in these financial Companies. I guess the SEC will be banning short selling again, for they are on the ball!
  19. LA
    19. Posted by LA Thu Sep 03, 2009 4:25 pm EDT

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    First...this is a civil case. Nobody goes to jail in a civil case.
    Second....Martha Stewart was charged with obstruction of justice, not insider trading.
    Third...It is not inconceivable that Cuban's sale triggered the decline in the stock, not the PIPE.
    Just thought you might want to hear from someone in the industry.
  20. JFK
    20. Posted by JFK Thu Sep 03, 2009 4:39 pm EDT

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    Hope he enjoys getting "googled" in prison!
  21. I HATE BRITNEY 2
    21. Posted by I HATE BRITNEY 2 Thu Sep 03, 2009 2:45 pm EDT

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    obama is going to take all his money anyway so whats the fuss all about. cuban is one of those rich people we democrats hate anyway. he does not need all that money. poor people need his money and obama is going to make things right by spreading cuban's money around because thats what's fair.
  22. off joy road
    22. Posted by off joy road Thu Sep 03, 2009 7:31 pm EDT

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    run your mouth and make waves and the powers that be will get your azz..rich or poor ,one way or another...
  23. off joy road
    23. Posted by off joy road Thu Sep 03, 2009 7:31 pm EDT

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    heehee jfk
  24. SunToTheDeep
    24. Posted by SunToTheDeep Thu Sep 03, 2009 4:19 pm EDT

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    when is cuban NOT facing charges?
  25. Older_than_Moses_Shaq
    25. Posted by Older_than_Moses_Shaq Thu Sep 03, 2009 2:56 pm EDT

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    From the same music as Me and Mrs. Jones..we got a thing going on...
    We now hear..Me and Martha Stewart..got the same thing going on...
    No wonder MLB wasn't going to let him buy into the Cubbies.
    The NBA has no qualms with questionable character issues just so the $$$ are there. MLB turned down Mr. DeBartolo, not the son, but the father who had absolutely no issues whatsoever in his past other than rumored associations, and now we see why Cuban was clearly rejected, and rightly so.
    At least he can council with Martha Stweart to gather advice on how to carry himself while satisfying his debt to society. The NBA will certainly welcome him back with open arms(and pockets) once he's released from his prison cell.

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