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Strategies & Market Trends : Anthony @ Equity Investigations, Dear Anthony,

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To: Jeffrey S. Mitchell who wrote (105346)11/23/2008 10:59:39 PM
From: anniebonny1 Recommendation  Read Replies (1) of 122087
 
Do they keep recorded messages of orders to your broker? What did Mark tell his broker?
Sorry - but as I said before - I understand WHY he sold - but not the WAY he sold.
How many times did Mark speak to the CEO before that period? Phone records would exist - no? Did he have more "access" to the CEO than your normal investor?
Someone mentioned to me:

"Mark Cuban has two criteria when he invests.

1.) He never buys into a company where he doesn't have a large enough position to not have a say in how the company is run.

2.) He NEVER supports shareholder dilutions and screwing, which is what that company did."

Number 1 will crucify him! It shows he is not your average investor and comes across like he was a "controlling" shareholder. If this was his pattern of behavior - IMO they better not mention it!.

His blog said he sold BECAUSE of the PIPE - isn't that damaging? He sold BEFORE the PIPE was mentioned to the general public.
I just don't see how this will work in his favor.
and I think what his lawyer is saying is a HUGE mistake. "Trying" his case publicly with that email from the SEC guy comes across as amateurish" JMHO
Time will tell.
I really really am disappointed the SEC chose this case to prove a point. And I do believe they are doing just that. Someone high profile. More bang for their buck. Golly Gee! Just take a look at the crooks on Wall Street walking away with millions of dollars while we bail them out with taxpayer money. tsk tsk.

Convenient? Vendetta? He said, She said? That won't change the facts. Trading records and phone records can't be changed. And the time he sold vs. the time of the pr about the PIPE won't change. And what he wrote in his blog about WHY he sold - all evidence.

I am curious about one thing though - I found it a bit odd they would ask him if he was interested in the PIPE ONE day before they announced it. Something isn't right there. Why wouldn't they have asked him weeks before? Wouldn't an accredited investor receive information long before it would be announced? They call him the day before they announce it? I would work that angle. LOL! Not being a lawyer - just putting myself in a juror's seat and ask what would create reasonable doubt.

Is it true - if he agreed to pay the fine to the SEC , the DOJ would come after him? Can't that be part of the agreement? (Sorry I am not an attorney - so I really don't know the legality of this) Certainly there are cases where others have done worse and never did jail time. Is there a way to avoid the DOJ coming at you in this case? Or will it be another Martha Stewart punishment? That punishment certainly didn't fit the crime - when you compare it to other crimes the SEC has prosecuted. It was kind of insane actually -especially when you read the SEC filings of other litigations that cost investors a whole hellava lot more. Crooks that are free to do the same crime again and again. Crazy. Just Crazy. It's a Crazy world we live in!
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