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November 17, 2008
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Mark Cuban Charged With Insider Trading In Mamma.com Deal

SEC Files Insider Trading Charges Against
Cuban Over Sale Of Mamma.com Shares
The SEC has "filed insider trading charges" against Mavericks Owner MARK CUBAN for "allegedly dumping shares in Mamma.com upon learning it was raising money in a private offering," according to Kara Scannell of the WALL STREET JOURNAL. The SEC alleges in a civil action that Cuban "sold his entire 6% ownership stake on June 28, 2004, after learning that Mamma.com was raising money through a private investment in a public entity." By selling his stake, the SEC alleges Cuban "avoided more than $750,000 in losses." Mamma.com is currently doing business as Copernic.com (WSJ.com, 11/17). Fox Business’ Brian Sullivan reports the complaint alleges Cuban “took a cell phone call … at the American Airlines Arena” from the CEO of Copernic, and Cuban “got very angry, saying he couldn’t sell.” Sullivan: “This is a civil complaint and what the SEC wants is … Cuban to give back (the $750,000 in potential losses) with interest and agree not to do something like this again. It is a civil, not a criminal complaint.” Cuban’s portion of the stake amounted to about 600,000 shares (Fox Business, 11/17). ESPN’s Roger Cossack noted Cuban “has not been charged or indicted, as I see it yet, in a criminal complaint. That is a possibility, but it hasn’t happened yet.” Cossack added the SEC complaint probably will not have much impact on the daily running of the Mavericks because “this is a personal problem that he made that has nothing to do with the Dallas Mavericks” (“SportsCenter,” ESPN, 11/17). Cuban has retained PAUL COGGINS, a former U.S. Attorney for the Northern District of Texas, “as his defense counsel” (DALLASNEWS.com, 11/17).


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