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Criminal Law

: SECLaw.com

SEC Misconduct in Cuban Case?

By Mark H. Astarita, Esq.

The case gets curiouser and curiouser. First we have Mr. Cuban screaming from the rooftops about prosecutorial misconduct. Then we find out that the entire case revolves around one telephone conversation between Cuban and Mamma.com's CEO that occurred 4 years ago, that each side has a reason to misremember. Then we find out that a trial attorney in the SEC's Texas office has been sending unsolicited nasty emails to Mr. Cuban regarding Mr. Cuban's political views, and questioning his patriotism.And along the way we have issues of whether Cuban had any duty not to trade (he didn't, and hence the phone call allegations), and whether the SEC can even approach its burden of proof.But wait! There's more! Act now, and you can receive more allegations of SEC misconduct from Mr...continue to full post

Full post as published by SECLaw.com on November 24, 2008 (boomark / email).

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