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Mark Cuban Has Been Charged With Insider Trading by the SEC Relating to Mamma.com

11/17/2008 11:50 AM ET By Will Brinson

    • Will Brinson
    • Will Brinson is a FanHouse Blogger
Mark Cuban has been charged by the Securities and Exchange Commission (SEC) for violating Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder.



Now, what in the name of the Duke Brothers does that actually mean? Well, here's the skinny: Cuban was invited to be an investor in Mamma.com, a conglomerate type of search engine start up company. He invested, back in 2004. However, Cuban dumped his entire investment in the company in 2004 after finding out from Mamma that their private funding money dipped by 10% , causing the company to offer their stock at a discounted price from the previous day's closing number. (In other words, everyone who owned the stock would take a tremendous loss.)

Since the SEC kind of frowns on investors using insider information to avoid financial losses, they've filed some charges against him.
The Commission's complaint, filed in the U.S. District Court for the Northern District of Texas, alleges that in June 2004, Mamma.com Inc. invited Cuban to participate in the stock offering after he agreed to keep the information confidential. The complaint further alleges that Cuban knew that the offering would be conducted at a discount to the prevailing market price and that it would be dilutive to existing shareholders.

Within hours of receiving this information, according to the complaint, Cuban called his broker and instructed him to sell Cuban's entire position in the company. When the offering was publicly announced, Mamma.com's stock price opened at $11.89, down $1.215 or 9.3 percent from the prior day's closing price of $13.105. According to the complaint, Cuban avoided losses in excess of $750,000 by selling his stock prior to the public announcement of the offering.
Now, as has been questioned by Nate Jones, why would Cuban risk getting hazed by the SEC for anything less than a million? It's an excellent question, particularly considering how meaningless that amount of money is to the Dallas Mavericks owner.

My best guess would be that Mamma told him "Hey, we're gonna stick you with this loss by offering the stock at this price" and Cuban was against that decision, so he decided to sell. He'll most certainly fight this, but the SEC, like the TSA, FBI and other assorted three letter government entities, is not someone you want on your bad side.

From a sports perspective, it will be pretty fascinating to see how this affects his ownership (and potential ownership) of the Dallas Mavericks and Chicago Cubs. On the former, I don't see it mattering -- even if Cubes got hit up with a XX million dollar fine, he's got plenty in the bank to hold onto the Mavs. But this could be highly detrimental to his attempts to purchase the Cubbies -- I find it unlikely that even Bud Selig would allow an MLB team to be owned by someone being investigated by the Securities and Exchange Commission.

Additional FanHouse coverage:
Mark Cuban Responds: "The Governments Claims are False"
In 2005, Mark Cuban Blogged About His Illegal Mamma.com Stock Sale

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