WASHINGTON, Nov. 17, 2008

Mark Cuban Charged With Insider Trading

SEC Says Dallas Mavericks Owner Used Confidential Info To Avoid $750K In Losses

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    Mark Cuban, the brash and outspoken owner of the Dallas Mavericks has been accused of insider trading according to the SEC. Armen Keteyian reports.

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(CBS/ AP)  Federal regulators on Monday charged Dallas Mavericks owner Mark Cuban with insider trading for allegedly using confidential information on a stock sale to avoid more than $750,000 in losses.

The Securities and Exchange Commission filed a civil lawsuit against Cuban in federal court in Dallas.

The SEC says Cuban committed fraud in 2004 when he dumped his entire stake - 600,000 shares - in the web site Mamma.com after learning the company was about to raise money by offering shares to private investors - at a discounted price, reports CBS News Chief Investigative correspondent Armen Keteyian.

The next day, when the news became public, shares in Mamma dropped more than 10 percent, allowing Cuban, the SEC alleges, to avoid more than $750,000 in losses.

"If what the SEC alleges Mark Cuban did is true, it was the most colossally stupid insider trading move ever," says Megan Barnett, News Editor for Portfolio.com.

That would be surprising since two years ago the brash, brilliant entrepreneur launched a web site designed to expose corporate fraud. But it would also be a part of the mad, mad world of a maverick businessman, who exploded onto the sports scene in early 2000 when he bought the Dallas Mavericks, shortly after selling his Internet company for $5 billion. When he wasn't being fined more than a million dollars for criticizing NBA officials, Cuban was financing a cutting-edge HD network, or dancing with the stars.

If found guilty of insider trading, Keteyian reports, the 50-year-old faces millions of dollars in penalties. In a statement today, he called the government's claims "false" and said he would fight the charges.

According to the Wall Street Journal, Cuban sold his ownership stake after learning the search engine company was raising money through a private investment in a public entity, or PIPE. In a PIPE transaction new shares are issued at a discount to the current trading price, the newspaper reported.

The SEC is seeking a court judgment against Cuban finding that he violated the antifraud provisions of the federal securities laws, an injunction against future violations, an unspecified civil penalty and restitution of the losses Cuban allegedly avoided.

Unless he is subject to an injunction, Cuban "is likely to commit such violations again in the future," according to the SEC suit.

Attorneys for Cuban in Washington and Dallas didn't immediately return telephone calls seeking comment.

Cuban, 50, also owns Landmark Theaters, a large national chain dedicated to independent films, and the HDNet cable television channel.

He is one of the richest people in the world, according to Forbes magazine, which pegged his net worth at $2.3 billion as of March 2007.



© MMVIII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment See all 26 Comments
by usagator November 21, 2008 12:29 AM EST
If your going to prosecute him for insider trading maybe you should go after the CIA & NSA for all of their insider trading exploits.
Reply to this comment
by usagator November 21, 2008 12:25 AM EST
Martha Stewart may have some inside information for him. Maybe she"ll make some cupcakes for him while he''s on sabbatical.
Reply to this comment
by antoniof123 November 18, 2008 6:36 PM EST
Typical suckface the first thing he does is blame someone else. Sound familar!
Reply to this comment
by nokids4me November 18, 2008 6:30 PM EST
That boy is going to The Big House.
Reply to this comment
by rushlimpdrug November 18, 2008 12:46 AM EST

"Mark Cuban Charged With Insider Trading"

cause you can never have enough money.

Let''s all send him a check.

He should never lose any money.
Reply to this comment
by thechooch1 November 17, 2008 11:34 PM EST
smclimans

So you think that a justice department formed by the current president is investigating Cuban because he wrote an article critical of Obama? Now Obama has some power to do that as a president elect, can''t wait to see what happens after he is sworn in!
Reply to this comment
by smclimans November 17, 2008 10:56 PM EST

Amazing how this "incident" occurred in 2004,

but was not investigated until after he wrote
an article in Nov. 2008 that was critical of Obama

If you believe that this was coincidence,
I have some ocean-front property in Kansas I''d like to sell you.



Reply to this comment
by hitoyou1 November 17, 2008 10:40 PM EST
LanceArmStng: So as long as you give and are high up, you should be able to do as you please. Even if it against the LAW. To HEELLLLLLE with this ASSSSS hole, I don''t care what he h.as done. I wont be sitting on my hands, Maybe you will From the sound of it you are sitting on something.
Reply to this comment
by slim1h2o November 17, 2008 9:32 PM EST
The question remains, if you were in his position would you sit pretty on stock and take a $760k hit? That''''s what I thought

Posted by LanceArmStng at 05:20 PM : Nov 17, 2008

I think you''re missing the point. The man could have lost much more than 3/4 of a mil. And his lifestyle would not have changed one iota.

It''s pure greed what he has done, and now, it''s time to pay the piper.

Hopefully he will.

So,, by the way you posted, you suffer from the same greed gene?


Reply to this comment
by generey November 17, 2008 8:48 PM EST
I suppose some repub will somehow try to blame this on PRESIDENT Obama.
Reply to this comment
by lancearmstng November 17, 2008 8:20 PM EST
It probably doesn''t occur to most people that he was ahead of the curve on streaming video which created his great fortune and that he gives more to charity in a month than people even think about giving in a lifetime.

That''s right, let''s continue to call for the heads of those more successful and when all of them are taken down the public will be sitting with their hands open and there will be no more hand outs.

Look up some financial figures, Cuban pays over 50% in taxes which supports the masses.

Doesn''t the guy deserve to be rewarded for his success? Is this not America?

Having said that, he could have easily avoided this by not investing in a pathetic company and that shows a lapse in investment judgement.

The question remains, if you were in his position would you sit pretty on stock and take a $760k hit? That''s what I thought
Reply to this comment
by lancearmstng November 17, 2008 8:19 PM EST
"No, what this guy did was infinitely worse than anything Martha Stewart was singled out for doing and held up as an "example"."

Martha Stewart went to jail for perjury so don''t compare this to what happened to her.

Bitter, Bitter, Bitter and you have the right to be but don''t fault this guy for doing what anyone else would have done. Here''s a little heads-up, the stock market is completely made up of insider trading. With-holding information from the general public has nothing to do with it.

Most of this information can be found on company investor relations pages. It''s easy to gather up a mob and go after those that are more successful.

Reply to this comment
by scottyusa November 17, 2008 8:18 PM EST
Stick him in jail. It will always be a mystery to me why anyone with all that money finds it necessary to cheat for a measley three quaters of a million dollars. Let him get a taste of what we ordinary citizens get when we cheat.
Reply to this comment
by rmsdm4 November 17, 2008 7:10 PM EST
Last week Cuban derided obama for his choices of economic advisors, now he is being investigated...hmm
Reply to this comment
by babooph November 17, 2008 7:10 PM EST
More $ than anyone could ever spend& still they steal more-a massive tax increase on these hogs is in order.
Reply to this comment
by k9sr4me-2009 November 17, 2008 6:31 PM EST
hey mark, if martha had to go to prison, so should you. guess you didn''t learn anything from her ordeal - you''re an idiot.
Reply to this comment
by missybelle-2009 November 17, 2008 6:30 PM EST
Dude, you just took the bait of a poser troll. Fish On!! Just remember the name & don''''t take the bait again.


Posted by Questionnews at 03:19 PM : Nov 17, 2008

LOL, yeah, hook, line and sinker....
Reply to this comment
by slim1h2o November 17, 2008 6:28 PM EST
A clasic example of an idiot. What is 750k to this guy pocket change or what.

Posted by antoniof123 at 03:15 PM : Nov 17, 2008

I agree with the idiot part, but the rest is called greeeed!

And that''s what''s wrong in this country today.
Forget what tomorrow might bring, lets just take the money and run.

Reply to this comment
by questionnews November 17, 2008 6:19 PM EST
YOU ARE TRULY AN IDIOT. Your knowledge of the world around you is apparently quite limited. Insider trading gives a very few individuals a MONSTROUS advantage over the general public - has it occurred to to your pea-brained self that the investors who bought the shares he sold paid more than they should have?????? What if the party involved ... happened to
be YOU????????????????

Posted by cbs3200 at 02:28 PM : Nov 17, 2008

Dude, you just took the bait of a poser troll. Fish On!! Just remember the name & don''t take the bait again.
Reply to this comment
by antoniof123 November 17, 2008 6:15 PM EST
He is one of the richest people in the world, according to Forbes magazine, which pegged his net worth at $2.3 billion as of March 2007.

A clasic example of an idiot. What is 750k to this guy pocket change or what.
Reply to this comment
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