According to the SEC, the answer is yes, and he has been so charged for selling his entire stock in an internet company to avoid a loss ... because the company was getting more financing? Strange. Anyway, Mark Cuban is the thinking person's billionaire. He has views that aren't anodyne, he knows how to speak (and to blog), and he is making Dallas a better place ... but he will never be a senator now.
In my view, the real surprise is that the case didn't settle. I wouldn't want to take something against Cuban to a Dallas jury. And if I were Cuban, I wouldn't want to be labeled an insider trader.
UPDATE: Here's Bainbridge with a timely analysis - he thinks it wasn't about the money, among other things - and he wrote the book on insider trading, literally.
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1. Posted by Doug L on November 17, 2008 @ 12:10 | Permalink
Not so "strange." Knowledge of an impending pipe deal will cause most firms to place the name on their restricted list and to halt any trading until the information hits the wire. The bigger puzzle (which is in several courts now) is whether a buyer of pipe shares/warrants can short their entire position on the public announcement and then close out with the shares acquired in the pipe deal. But knowledge of a pipe is considered mnpi since the disclosure will inevitably lower the stock price due to dilution.
2. Posted by David Zaring on November 17, 2008 @ 12:14 | Permalink
Very helpful. When I think of internet startups securing another financing round, I think good things, like you'd want to stay in the company, rather than sell out. But it's of course dilutive when you've already gone public.
3. Posted by Joan Heminway on November 19, 2008 @ 14:32 | Permalink
Thanks for the posting, David. I think this will turn out to be an interesting case. Among other things, the SEC's complaint alleges that, at the conclusion of the call from the issuer's CEO and before Cuban sold his stock, Cuban said “Well, now I'm screwed. I can't sell.”
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