Brian Cuban Would Like to Remind You That His Brother Is 'Not Martha Stewart'

As a fan of various social media sites and blogging in general, I happen to occasionally find myself on Brian Cuban's blog "The Cuban Revolution". And, considering the events of today's Securities and Exchange Commission news, it seemed pretty appropriate to check out what he was discussing.

Unsurprisingly, he issued a relatively brief statement about the SEC's charges on Mavericks owner (and his brother, natch) Mark Cuban. And he has a pretty good point -- this is a civil action, so people should probably stop discussing the differences between Cuban and Martha Stewart.

This is the only time I will address the ignorant and hateful mail I have received. The allegations against my brother are just that, allegations. The only version of events the public gets to see is the SEC version in their complaint. They are obviously going to spin facts in the light most favorable to their case. As an attorney I am aware that this is the nature of litigation. Mark will get his say in court. I have no doubt that the true chain of events will play out in his favor. It is also important to keep in mind that this is a civil proceeding. The blogophere seems to be very poorly educated on this point. The only remedy the SEC is seeking and is allowed to seek is monetary.

I'm in agreement here; regardless of Cuban's decision and the eventual financial consequences, there is a huge difference between a criminal and a civil trial/complaint/proceedings. (For further clarification, see: Simpson, Orenthal James.)

So regardless of how this matter actually plays out, yes, it is important to remember that one stark difference between Stewart, Cuban and any one else convicted of insider trading: the reality/possibility of jail.