Jury says Cuban did not commit insider trading
By DAVID KOENIG AP Business Writer October 16, 2013 3:04PM
Dallas Mavericks owner Mark Cuban walks into the Earle Cabell Federal Courthouse for closing arguments with his lawyers, Tuesday, Oct. 15, 2013 in Dallas. The Securities and Exchange Commission is suing Cuban, saying he sold his shares in search engine company Mamma.com after learning privately about a stock offering that would lower the value of the shares. The SEC says Cuban avoided $750,000 in losses. Cuban disputes the SEC's claim that he agreed to keep information about the 2004 stock offering confidential. He also says other investors knew about the offer, and that he did nothing wrong by selling his shares for $7.9 million. (AP Photo/The Dallas Morning News, Tom Fox) MANDATORY CREDIT; MAGS OUT; TV OUT; INTERNET USE BY AP MEMBERS ONLY; NO SALES
DALLAS (AP) — Jurors said Wednesday that billionaire Mark Cuban did not commit insider-trading when he sold his shares in an Internet company in 2004 after learning of a development that would dilute the value of his investment.
The jury in federal district court in Dallas found that the Securities and Exchange Commission failed to prove several key elements of its case, including that Cuban traded on nonpublic information.
The nine-member jury deliberated for about four hours. The trial spanned three weeks.
The SEC accused Cuban of using inside information to sell $7.9 million of stock in Mamma.com Inc. after he learned confidentially of a stock offering that would send the share price down. The agency wanted Cuban to repay $750,000 in losses that he avoided, plus pay a penalty. It was a civil lawsuit, so the basketball team owner and regular on the ABC reality show “Shark Tank” didn’t face criminal charges.
Cuban testified that he never agreed to keep information about the stock deal private and told the company that he would sell his shares.
The SEC sued Cuban more than four years after he sold his stake in Mamma.com, a search engine company that was based in Canada. The company’s CEO testified by video that Cuban agreed not to disclose information the CEO told him in 2004 about a pending stock offering that would lessen the value of Cuban’s 6 percent stake in the company.
The CEO said that Cuban, the company’s largest shareholder, acknowledged that he couldn’t sell his shares on the news. He sold them a few hours later, however, before the company announced the stock offering to the public.
The jury foreman was an older woman from the Dallas suburb of Rockwall who works for an insurance company and previously worked for a Texas state judge.
The woman said during juror questioning that she had served on a jury that acquitted a defendant charged with fraud. She gave no other details of the case.