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	<title>Comments on: Why the Case Against Cuban Smells Fishy</title>
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		<title>By: exapted</title>
		<link>http://gigaom.com/2008/11/17/why-the-case-against-cuban-smells-fishy/#comment-152480</link>
		<dc:creator><![CDATA[exapted]]></dc:creator>
		<pubDate>Thu, 20 Nov 2008 06:43:38 +0000</pubDate>
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		<description><![CDATA[Sanjath, are you saying that the SEC *should* selectively take up cases because of they involve celebrities? I guess that&#039;s cheaper and easier than broad or consistent enforcement.... but it is not the purpose of the SEC. Laws, purposes of laws, and actual practice should be consistent with one another, no?]]></description>
		<content:encoded><![CDATA[<p>Sanjath, are you saying that the SEC *should* selectively take up cases because of they involve celebrities? I guess that&#8217;s cheaper and easier than broad or consistent enforcement&#8230;. but it is not the purpose of the SEC. Laws, purposes of laws, and actual practice should be consistent with one another, no?</p>
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		<title>By: Top Posts &#171; WordPress.com</title>
		<link>http://gigaom.com/2008/11/17/why-the-case-against-cuban-smells-fishy/#comment-152479</link>
		<dc:creator><![CDATA[Top Posts &#171; WordPress.com]]></dc:creator>
		<pubDate>Thu, 20 Nov 2008 00:32:50 +0000</pubDate>
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		<description><![CDATA[[...]  Why The Case Against Cuban Smells Fishy It&#8217;s a classic PR play: When you start to look like the bad guy, call out a bigger bad guy. And it seems to be [...] [...]]]></description>
		<content:encoded><![CDATA[<p>[...]  Why The Case Against Cuban Smells Fishy It&#8217;s a classic PR play: When you start to look like the bad guy, call out a bigger bad guy. And it seems to be [...] [...]</p>
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		<title>By: Abay</title>
		<link>http://gigaom.com/2008/11/17/why-the-case-against-cuban-smells-fishy/#comment-152478</link>
		<dc:creator><![CDATA[Abay]]></dc:creator>
		<pubDate>Tue, 18 Nov 2008 23:02:51 +0000</pubDate>
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		<description><![CDATA[You&#039;re kidding right? Last time anyone checked, the SEC doesn&#039;t bring charges for the fun of it. Cuban finally got caught.]]></description>
		<content:encoded><![CDATA[<p>You&#8217;re kidding right? Last time anyone checked, the SEC doesn&#8217;t bring charges for the fun of it. Cuban finally got caught.</p>
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		<title>By: Sanjath</title>
		<link>http://gigaom.com/2008/11/17/why-the-case-against-cuban-smells-fishy/#comment-152477</link>
		<dc:creator><![CDATA[Sanjath]]></dc:creator>
		<pubDate>Tue, 18 Nov 2008 19:23:12 +0000</pubDate>
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		<description><![CDATA[Whether timing is right or wrong is a different question. But given the issue is not so easy to police, I feel that SEC has all the rights to take up selective cases that involve celebrities. Best way to police the crime is prevent it in the first place. Only through these kind of cases can SEC make sure message is delivered.  Mark Cuban is great guy in all other aspects, but if what ever is mentioned in the case is true, he did the wrong thing and he has to go through the case. Laws will always have loopholes, but what SEC will accomplish even if they lose is give publicity to the insider selling law. SEC may have other problems, but let&#039;s not condone insider selling because they are not doing their job somewhere else.]]></description>
		<content:encoded><![CDATA[<p>Whether timing is right or wrong is a different question. But given the issue is not so easy to police, I feel that SEC has all the rights to take up selective cases that involve celebrities. Best way to police the crime is prevent it in the first place. Only through these kind of cases can SEC make sure message is delivered.  Mark Cuban is great guy in all other aspects, but if what ever is mentioned in the case is true, he did the wrong thing and he has to go through the case. Laws will always have loopholes, but what SEC will accomplish even if they lose is give publicity to the insider selling law. SEC may have other problems, but let&#8217;s not condone insider selling because they are not doing their job somewhere else.</p>
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		<title>By: wes</title>
		<link>http://gigaom.com/2008/11/17/why-the-case-against-cuban-smells-fishy/#comment-152476</link>
		<dc:creator><![CDATA[wes]]></dc:creator>
		<pubDate>Tue, 18 Nov 2008 18:21:47 +0000</pubDate>
		<guid isPermaLink="false">http://gigaom.com/?p=29455#comment-152476</guid>
		<description><![CDATA[Red herring once again. If the 2 quotes and links below don&#039;t get you fired up, and you really think this is just about Cuban, then you&#039;re naive. Cox should be jailed. To start with.

&quot;This morning (10/23) SEC Chairman Chris Cox was repeatedly asked if he had
authorized the dismantling and the elimination for funding from his
own budget for a Committee that was to have the SOLE responsibility to
investigate DERIVATIVES and CDOs.  He REFUSED to answer the question –
although the Congressman had PROOF in his hand that he had
INTENTIONALLY railroaded the effort to supervise these products.  This
committee was to be formed to conduct these investigations and was
funded/authorized  under the Clinton Administration and then was
immediately ABANDONED under the Bush Administration via the
appointment of Chris Cox as SEC Chair.&quot;

http://oversight.house.gov/story.asp?ID=2256


&quot;Then again, maybe the S.E.C. is trying to cover up its own culpability in this (banking/investment) crisis. Four years ago, the agency pushed through a rule that allowed the big investment banks to take on a great deal more debt. As a result, debt ratios rose from about 12 to 1 to more like 30 to 1. Guess what Lehman’s debt ratio was when it went bust? Yep: 30 to 1.&quot;

http://www.nytimes.com/2008/09/20/business/20nocera.html?_r=2&amp;8dpc&amp;oref=slogin&amp;oref=slogin]]></description>
		<content:encoded><![CDATA[<p>Red herring once again. If the 2 quotes and links below don&#8217;t get you fired up, and you really think this is just about Cuban, then you&#8217;re naive. Cox should be jailed. To start with.</p>
<p>&#8220;This morning (10/23) SEC Chairman Chris Cox was repeatedly asked if he had<br />
authorized the dismantling and the elimination for funding from his<br />
own budget for a Committee that was to have the SOLE responsibility to<br />
investigate DERIVATIVES and CDOs.  He REFUSED to answer the question –<br />
although the Congressman had PROOF in his hand that he had<br />
INTENTIONALLY railroaded the effort to supervise these products.  This<br />
committee was to be formed to conduct these investigations and was<br />
funded/authorized  under the Clinton Administration and then was<br />
immediately ABANDONED under the Bush Administration via the<br />
appointment of Chris Cox as SEC Chair.&#8221;</p>
<p><a href="http://oversight.house.gov/story.asp?ID=2256" rel="nofollow">http://oversight.house.gov/story.asp?ID=2256</a></p>
<p>&#8220;Then again, maybe the S.E.C. is trying to cover up its own culpability in this (banking/investment) crisis. Four years ago, the agency pushed through a rule that allowed the big investment banks to take on a great deal more debt. As a result, debt ratios rose from about 12 to 1 to more like 30 to 1. Guess what Lehman’s debt ratio was when it went bust? Yep: 30 to 1.&#8221;</p>
<p><a href="http://www.nytimes.com/2008/09/20/business/20nocera.html?_r=2&#038;8dpc&#038;oref=slogin&#038;oref=slogin" rel="nofollow">http://www.nytimes.com/2008/09/20/business/20nocera.html?_r=2&#038;8dpc&#038;oref=slogin&#038;oref=slogin</a></p>
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		<title>By: A.B. Dada</title>
		<link>http://gigaom.com/2008/11/17/why-the-case-against-cuban-smells-fishy/#comment-152475</link>
		<dc:creator><![CDATA[A.B. Dada]]></dc:creator>
		<pubDate>Tue, 18 Nov 2008 17:38:59 +0000</pubDate>
		<guid isPermaLink="false">http://gigaom.com/?p=29455#comment-152475</guid>
		<description><![CDATA[The SEC has one, and only one, mandate: to protect the interests of those State-affiliates from anyone outside of that cartel.

The SEC is not around to protect general investors.  It is not there to deter corporations from committing financial fraud.  It is not there to provide a balance to transparency and secrecy in any stock trade or barter.

Remember who keeps the SEC paid: Congress.  Remember who provides the SEC with more and more power: the Executive Branch.  The SEC is the customer of these two branches of government, not your customer.

Remember when doctors were paid by patients, not third parties?  They answered to patients, and only patients.  Now, doctors are paid by third parties (medicare, insurance, etc), so they are no longer responsible to patients, who are the new third parties.

Just as the medical industry is a cartel used to provide more and more State power, the SEC is an organized cartel of those with State power prefering to profit from the losses and ineptitude of the masses.  The more you look at the SEC, the more you realize that they&#039;re not your friend, or my friend, but the friend of the elect that you probably put into office.

Don&#039;t be mad at the SEC here for striking out at Cuban.  This is what the SEC does.  This is what they will always do.  The AMA lobbies Congress for more control.  The SEC listens to Congress in who to target.  The IRS works with CPAs and other cartelized monopolists to hamper the profitability of those who don&#039;t use the cartel.  It&#039;s all part of the game, just play along nicely.]]></description>
		<content:encoded><![CDATA[<p>The SEC has one, and only one, mandate: to protect the interests of those State-affiliates from anyone outside of that cartel.</p>
<p>The SEC is not around to protect general investors.  It is not there to deter corporations from committing financial fraud.  It is not there to provide a balance to transparency and secrecy in any stock trade or barter.</p>
<p>Remember who keeps the SEC paid: Congress.  Remember who provides the SEC with more and more power: the Executive Branch.  The SEC is the customer of these two branches of government, not your customer.</p>
<p>Remember when doctors were paid by patients, not third parties?  They answered to patients, and only patients.  Now, doctors are paid by third parties (medicare, insurance, etc), so they are no longer responsible to patients, who are the new third parties.</p>
<p>Just as the medical industry is a cartel used to provide more and more State power, the SEC is an organized cartel of those with State power prefering to profit from the losses and ineptitude of the masses.  The more you look at the SEC, the more you realize that they&#8217;re not your friend, or my friend, but the friend of the elect that you probably put into office.</p>
<p>Don&#8217;t be mad at the SEC here for striking out at Cuban.  This is what the SEC does.  This is what they will always do.  The AMA lobbies Congress for more control.  The SEC listens to Congress in who to target.  The IRS works with CPAs and other cartelized monopolists to hamper the profitability of those who don&#8217;t use the cartel.  It&#8217;s all part of the game, just play along nicely.</p>
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		<title>By: Erik</title>
		<link>http://gigaom.com/2008/11/17/why-the-case-against-cuban-smells-fishy/#comment-152474</link>
		<dc:creator><![CDATA[Erik]]></dc:creator>
		<pubDate>Tue, 18 Nov 2008 13:27:35 +0000</pubDate>
		<guid isPermaLink="false">http://gigaom.com/?p=29455#comment-152474</guid>
		<description><![CDATA[I don&#039;t really care if Mark is guilty or not. But this investigation pisses me off.

Given the current situation in the financial markets is this really the best use of the SEC&#039;s time and resources?]]></description>
		<content:encoded><![CDATA[<p>I don&#8217;t really care if Mark is guilty or not. But this investigation pisses me off.</p>
<p>Given the current situation in the financial markets is this really the best use of the SEC&#8217;s time and resources?</p>
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		<title>By: Why The Case Against Cuban Smells Fishy &#124; Kevin Kelleher &#124; Voices &#124; AllThingsD</title>
		<link>http://gigaom.com/2008/11/17/why-the-case-against-cuban-smells-fishy/#comment-152473</link>
		<dc:creator><![CDATA[Why The Case Against Cuban Smells Fishy &#124; Kevin Kelleher &#124; Voices &#124; AllThingsD]]></dc:creator>
		<pubDate>Tue, 18 Nov 2008 08:03:55 +0000</pubDate>
		<guid isPermaLink="false">http://gigaom.com/?p=29455#comment-152473</guid>
		<description><![CDATA[[...] Read the rest of this post    Print  all_things_di220:http://voices.allthingsd.com/20081118/why-the-case-against-cuban-smells-fishy/ SHARETHIS.addEntry({ title: &quot;Why The Case Against Cuban Smells Fishy&quot;, url: &quot;http://voices.allthingsd.com/20081118/why-the-case-against-cuban-smells-fishy/&quot; }); Sphere Comment  Tagged: GigaOm, Kevin Kelleher, Mamma.com, Mark Cuban, Securities and Exchange Commission, Voices, credit crisis, insider trading, lax enforcement &#124; permalink [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Read the rest of this post    Print  all_things_di220:<a href="http://voices.allthingsd.com/20081118/why-the-case-against-cuban-smells-fishy/" rel="nofollow">http://voices.allthingsd.com/20081118/why-the-case-against-cuban-smells-fishy/</a> SHARETHIS.addEntry({ title: &#8220;Why The Case Against Cuban Smells Fishy&#8221;, url: &#8220;http://voices.allthingsd.com/20081118/why-the-case-against-cuban-smells-fishy/&#8221; }); Sphere Comment  Tagged: GigaOm, Kevin Kelleher, Mamma.com, Mark Cuban, Securities and Exchange Commission, Voices, credit crisis, insider trading, lax enforcement | permalink [...]</p>
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		<title>By: Kevin Kelleher</title>
		<link>http://gigaom.com/2008/11/17/why-the-case-against-cuban-smells-fishy/#comment-152472</link>
		<dc:creator><![CDATA[Kevin Kelleher]]></dc:creator>
		<pubDate>Tue, 18 Nov 2008 04:50:31 +0000</pubDate>
		<guid isPermaLink="false">http://gigaom.com/?p=29455#comment-152472</guid>
		<description><![CDATA[@keen,

Yes, Stewart&#039;s trial and jail time were about her statements to investigators. They felt pretty strongly she lied to them. I tried to make that clear and I&#039;m sorry if it wasn&#039;t.

She also faced no criminal charges of insider trading, but the SEC did indeed charge her in a civil complaint (see the link in the post). She also paid the SEC $195,000 in disgorgement, interest and penalties. So I&#039;d have to say she&#039;s in fact pretty relevant.

Kevin]]></description>
		<content:encoded><![CDATA[<p>@keen,</p>
<p>Yes, Stewart&#8217;s trial and jail time were about her statements to investigators. They felt pretty strongly she lied to them. I tried to make that clear and I&#8217;m sorry if it wasn&#8217;t.</p>
<p>She also faced no criminal charges of insider trading, but the SEC did indeed charge her in a civil complaint (see the link in the post). She also paid the SEC $195,000 in disgorgement, interest and penalties. So I&#8217;d have to say she&#8217;s in fact pretty relevant.</p>
<p>Kevin</p>
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		<title>By: Goose &#38; Maverick</title>
		<link>http://gigaom.com/2008/11/17/why-the-case-against-cuban-smells-fishy/#comment-152471</link>
		<dc:creator><![CDATA[Goose &#38; Maverick]]></dc:creator>
		<pubDate>Tue, 18 Nov 2008 04:26:15 +0000</pubDate>
		<guid isPermaLink="false">http://gigaom.com/?p=29455#comment-152471</guid>
		<description><![CDATA[This is as obvious as it comes to insider trading. I like Cuban, but, this blatant sell was due to arrogance. Now he can spend some of his money hiring a high price douche bag lawyer to clear him or lesser infraction without self incrimination and a $100k fine.

Facts:
Step 1:CEO says your going to be highly diluted in a confidential non public personal note to Cuban
Step 2: Cuban calls his broker to sell ENTIRE position
Step 3: Public black eye for Cuban.His image is now like Martha Stewart
Step 4: Cuban settles and takes his private jet to Las Vegas and let out some steam
Step 5: Mavericks implode and Cuban blames the US Attorney]]></description>
		<content:encoded><![CDATA[<p>This is as obvious as it comes to insider trading. I like Cuban, but, this blatant sell was due to arrogance. Now he can spend some of his money hiring a high price douche bag lawyer to clear him or lesser infraction without self incrimination and a $100k fine.</p>
<p>Facts:<br />
Step 1:CEO says your going to be highly diluted in a confidential non public personal note to Cuban<br />
Step 2: Cuban calls his broker to sell ENTIRE position<br />
Step 3: Public black eye for Cuban.His image is now like Martha Stewart<br />
Step 4: Cuban settles and takes his private jet to Las Vegas and let out some steam<br />
Step 5: Mavericks implode and Cuban blames the US Attorney</p>
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		<title>By: The Case Against Cuban Smells Fishy</title>
		<link>http://gigaom.com/2008/11/17/why-the-case-against-cuban-smells-fishy/#comment-152470</link>
		<dc:creator><![CDATA[The Case Against Cuban Smells Fishy]]></dc:creator>
		<pubDate>Tue, 18 Nov 2008 04:14:59 +0000</pubDate>
		<guid isPermaLink="false">http://gigaom.com/?p=29455#comment-152470</guid>
		<description><![CDATA[[...] of the Dallas Mavericks, Mark Cuban, with insider trading. GigaOm&#8217;s Kevin Kelleher explains why it smells fishy: The SEC’s complaint against Cuban outlines some pretty compelling evidence: Cuban bought 6.3 [...]]]></description>
		<content:encoded><![CDATA[<p>[...] of the Dallas Mavericks, Mark Cuban, with insider trading. GigaOm&#8217;s Kevin Kelleher explains why it smells fishy: The SEC’s complaint against Cuban outlines some pretty compelling evidence: Cuban bought 6.3 [...]</p>
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		<title>By: keen observer</title>
		<link>http://gigaom.com/2008/11/17/why-the-case-against-cuban-smells-fishy/#comment-152469</link>
		<dc:creator><![CDATA[keen observer]]></dc:creator>
		<pubDate>Tue, 18 Nov 2008 03:32:33 +0000</pubDate>
		<guid isPermaLink="false">http://gigaom.com/?p=29455#comment-152469</guid>
		<description><![CDATA[Martha. Stewart is of no relevance to the illegal insider trading charges on Mark Cuban.  She was never involved in any illegal insider trading.  She had NO insider information.  To save her company that the SEC wanted to destroy, she settled and agreed to none of their bogus allegations.  Her &quot;trial and jail time&quot; had nothing to do with insider trading; she was never charged with insider trading.  She was railroaded in a bogus conviction on trumped-up charges pulled from the ether in a political persecution.  It is about time the reckless and irresponsible media quit the media bashing on her with misinformation, misrepresentation, and state propaganda.]]></description>
		<content:encoded><![CDATA[<p>Martha. Stewart is of no relevance to the illegal insider trading charges on Mark Cuban.  She was never involved in any illegal insider trading.  She had NO insider information.  To save her company that the SEC wanted to destroy, she settled and agreed to none of their bogus allegations.  Her &#8220;trial and jail time&#8221; had nothing to do with insider trading; she was never charged with insider trading.  She was railroaded in a bogus conviction on trumped-up charges pulled from the ether in a political persecution.  It is about time the reckless and irresponsible media quit the media bashing on her with misinformation, misrepresentation, and state propaganda.</p>
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