topics

Update: Cuban’s Response To Insider Trading Charges: ‘Wish I Could Say More’; Lawyer Says ‘No Merit’

Mark Cuban’s personal response to insider trading chargers filed today by the SEC is limited to one line on BlogMaverick: “I wish I could say more, but I will have to leave it to this, and let the judicial process do its job.” His official statement in the press release that follows the note: “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.”

In the statement, Cuban’s lawyer Ralph C. Ferrara said there is “no merit” to the allegations that Cuban violated federal laws in his sale of Mamma.com stock and that it is “a product of gross abuse of prosecutorial discretio.” Cuban “intends to contest the allegations and to demonstrate that the Commission’s claims are infected by the misconduct of the staff of its Enforcement Division.” Ferrara said the matter has been pending for nearly two years.

Updated after the jump

Updated: Late this afternoon, I spoke with Scott Friestad, deputy director for the SEC’s enforcement division. When I asked why it had taken four-plus years for this to get to court, Friestad said the agency “learned about the issues last year in 2007 and [had] been pursuing the investigation aggressively since then.” Why didn’t the allegations come out when the SEC was investigating Mamma.com over stock trading in 2004? Friestad: “To my knowledge, there was nobody investigating Mr. Cuban’s trading during any prior SEC investigations.”

During the investigation, Friestad said they learned about his public comments but he said Cuban’s comments make it look as though the sale occurred after the announcement that caused the shares to drop in price. Friestad: “Nowhere did he say that he sold his shares prior to the public announcement of the news issued by the company or that he had been given advanced information or that he had agreed to keep that information confidential.” Those contentions form the heart of the government’s case in the civil complaint. Friestad said there were no SEC investigations involving other Cuban transactions and that he wasn’t aware of any previous SEC investigations.

Related Stories
Nov 17, 2008 2:32 PM ET

Posted In: Legal, Regulatory, mamma.com, mark cuban

Leave a Comment

Comments (1)

Mar 25, 2009 5:42 PM

insider trading charges needs to be taken seriously

forex

Leave a Comment

Commenting is now closed for this article.

The Economics of Content | paidContent Newsletter

Know something we don’t?

Send Us a News Tip

All tips are anonymous and untraced.

Sponsors

Contributors