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Feds: Cuban Complained "Now I Can't Sell" Before Using Inside Info

By  JOHN NESS

Updated 9:12 PM EDT, Mon, Nov 17, 2008

Frederick M. Brown

Mark Cuban was charged with insider trading.

 

Mark Cuban, the colorful owner of the Dallas Mavericks, was charged with insider trading by the Securities Exchange Commission on Monday. Cuban denies the accusation.

The SEC report alleges that in 2004 Cuban sold over 600,000 shares of internet search company Mamma.com after receiving confidential information.

Specifically,  the report alleges that the CEO of Mamma.com contacted Cuban on June 28 to inform him of an investment by an investment bank. The CEO stressed to Cuban that all information in the conversation was confidential, to which Cuban allegedly replied, "Well, now I'm screwed. I can't sell."

But that's just what Cuban allegedly did. After calling a rep from the investment bank, Cuban reportedly called his broker and told him to"sell what you can tonight and just get me out the next day."

The stock was sold, and the SEC estimates that by selling his stake, the Cuban dodged more than $750,000 in losses.

The legal process surrounding this complaint may take months to work out, but the effects on Cuban's investments and reputation will be immediate.

His flirtation with the Chicago Cubs is now almost certainly dead. Meanwhile, Cuban is majority partner of sharesleuth.com, an "independent web-based reporting site aimed at exposing securities fraud and corporate chicanery." That company's brand will take a significant hit immediately.

The NBA has not yet commented on the SEC complaint, but Cuban released a statement on his 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."

Cuban had blogged about the sale of Mamma.com stock in the past, writing that he sold the stock because he didn't "like" the investment bank's financing.

Comments (17)

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  • DM Tuesday, Nov 18 at 4:25 PM FLAG COMMENT People keep commenting about how he wouldn't risk something like this for $750K. Doesn't anyone realize that at the time he sold his stock he didn't know exactly how much he would lose? He knew the price would go down, he could guess by about how much, but he didn't know for sure. The price could've fallen further and hence he could have been out more money. He was taking a risk for the unknown... a really dumb move, peopl ... MORE >
  • jack Monday, Nov 17 at 8:39 PM FLAG COMMENT Our corporate greed, and fraud today and back on 911 when global crossing, qwest, arthur anderson, world com, the baptist foundation, enron, tyco, mutual funds, martha stuart,and of course wall street back then being fined hundreds of millions of dollars and the millions of folks who lost billions of dollars out of their 401k's and now mortgage companies, banks, the 3 auto makers on and on and on, no wonder the world hate ... MORE >
  • Bill Jones Monday, Nov 17 at 7:56 PM FLAG COMMENT Just because Mark is Jewish does not mean he can steal from money old ladies.
  • Gina Monday, Nov 17 at 7:09 PM FLAG COMMENT Mark Cuban is too smart to do someting so stupid for $750,000 Mr. Cuban is so far above Martha I am sad to see his name with hers. Geeze
  • mark Monday, Nov 17 at 6:12 PM FLAG COMMENT and he was complaining about cable customers using to much bandwidth for downloads ... who's the poopy-pants now. Give our winner ....JAIL TIME !!

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