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11/17/08
Mark Cuban Charged With Insider Trading By SEC
Mark Cuban May Become The New Martha Stewart, Gets Hit With Insider Trading Charges
If Mark Cuban has always seemed a little fishy to you, like in terms of how he made his money and what not, then consider this your just reward. The Dallas Mavericks owner today has officially been charged with insider trading by the SEC. Which means he could be the new Martha Stewart (By the way, Stewart went to jail for obstruction of justice in lying about her insider trading, not for the actual insider trading). Awesome.

Anyway, this alleged insider trading came back in 2004, and here's what it specifically entailed courtesy of the Wall Street Journal:

The Securities and Exchange Commission filed insider trading charges against Mark Cuban, the outspoken owner of the Dallas Mavericks, for allegedly dumping shares in Mamma.com upon learning it was raising money in a private offering (full text of complaint).

The SEC alleges in a civil action that Mr. Cuban sold his entire 6% ownership stake on June 28, 2004, after learning that Mamma.com was raising money through a private investment in a public entity, or PIPE. The next day, on June 29, the company announced the PIPE financing and shares of the company dropped by more than 10%. By selling his stake, the SEC alleges, Mr. Cuban avoided more than $750,000 in losses.

In a PIPE transaction new shares are issued at a discount to the current trading price. An announcement of a PIPE transaction is often followed by a drop in the stock price as shareholders anticipate their stake will be diluted.

Obviously, Cuban saving $750K isn't exactly a huge sum for a guy worth more than a billion, but it's more than enough to get you in trouble.

This would of course be a bigger deal if Cuban were still in the running for the Cubs, which he isn't. But still, this could have dire consequences on what happens to the Mavericks. If Cuban has to go to prison for say doing the same thing Stewart did, you can bet David Stern will do everything in his power to strip ownership from Cuban. Although Stern may do that even if Cuban just ends up being fined, which seems to be the only thing that's going to happen.

Anyway, there's still a long way to go in this story, but one thing is for sure, it's never, ever good to have the SEC gunning for you. It rarely ends well.

SEC sharges Mark Cuban with insider trading [Wall Street Journal]

11 comments
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11/17/08
0
Wow, I am shocked...And I thought he made money the old-fashioned way

11/17/08
1
I just hope this doesnt affect the Mavs interest in acquiring Stephon Marbury.  I would be devestated, DEVESTATED I tell you, if I dont get to see a backcourt of Kidd and Marbury.

11/17/08
1
Martha Stewart thumbed her nose at investigators and avoided them.  Mr. Cuban is smarter than that.  He will cooperate fully.  That's why he won't see any time incarcerated, and Martha did.

11/17/08
1
Cuban must be the luckiest man on earth...  He essentially stole $750K and it sounds like he may just get a dollar for dollar fine?  Nice to see that the SEC is taking white collar crime so seriously in an age where corporate scandals appear to be becoming more and more of the norm.  I would love to see someone, lets say Josh Howard for example, defraud the Mavs of $750K and see where he ended up...

11/17/08
1

I submitted this with a funnier headline.

Oh, and the reason why Cuban won't get as severe a punishment everyone has already said.  He will cooperate.


11/17/08
1
Cuban could be up the creak without a paddle.  If the SEC has hard evidence that Cuban recieved inside information about a public company before the public did, then he will be proven guilty and he will be going to jail for 1 to 2 years.   There was a discussion about this on CNBC today, and it appears the SEC has something on him because they would not have become public with this due to his public personality.  The SEC cracks down on this all the time, it is just not in the news. I once thought about obtaining a PH.D in Behavioral Accounting and Finance, which is a new niche in accounting research.  Before I realized how crazy my life or lack there of would be in a PhD program, I was taught basic PhD level reserach skills, and Captial Markets was one area I researched.  There are tons of essay's in academic journals that discuss this topic, and trust me if there is hard evidence he is screwed.

11/18/08
1
  When Stewart was convicted of insider trading, it had nothing to do with her company.  It was a pharmaticual company called Imclone, in which she owned 18% of their stock. It had nothing to do with her brand.  I am not sure how many people know this, but she majored in finance in college. It does not matter how much one owns of a publicly traded company, if they break insider trader rules, and the SEC has hard evidence, then they will go to jail.

Trust me, the SEC would ntot have made it publicly known if they had evidence on Cuban.  Why do you believe Cuban?  Have you personally met him?  How do you know there is no evidence?  Who would have expected homemaker Martha Stewart of the same crime?

The SEC is there to regulate the the markets, and enforce the rules in place.  They do NOT make the laws, that is the job of Congress.  

 
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