tag:blogger.com,1999:blog-4748314449835758607.post3679967177348646395..comments2023-10-30T08:55:00.064-04:00Comments on Kodiak Pyramid: Et tu, Cubes?DK Smithhttp://www.blogger.com/profile/15803726073588442881noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-4748314449835758607.post-11882024363725595532008-11-18T14:31:00.000-05:002008-11-18T14:31:00.000-05:00Agree with YGG on DOJ involvement.Another critical...Agree with YGG on DOJ involvement.<BR/><BR/>Another critical factor is that the burden of proof is higher for criminal actions. You can prove a civil insider trading case with a good deal of circumstantial evidence. Typically, you can infer intent with a few conveniently timed phone calls to a broker. But proving intent beyond a reasonable doubt takes a bit more evidence. If during the course of civil discovery the SEC finds some emails detailing what Cuban knew and what he wanted his broker to do, then the DOJ may pick up the case.<BR/><BR/>But here's the warning. It's a violation of Federal law to lie to any Federal investigators. You don't even have to be under oath. That's what ended up cooking Stewart's goose.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4748314449835758607.post-43411455546753182132008-11-18T14:00:00.000-05:002008-11-18T14:00:00.000-05:00Nothing to add other than what I read in teh paper...Nothing to add other than what I read in teh papers, which is DOJ only gets involved when there is perjury/coverup ala Martha Stewart. Interesting slant on the Bush thing. Cuban's blog often noted the Bush admin hated him b/c of his movies, but he'd then point out movies he also produced which were ostensibly "pro-Bush" viewpoint. I think he really got on their radar as anti-Bush when he hired Dan Rather for HDNet, but, (and this may be my bias), I think Cuban is more of an equal opportunity pest. He voted for Obama, almost unwillingly, and his blog posts on him were not that favorable.Yo Gabba Gabbahttps://www.blogger.com/profile/00058351202348039913noreply@blogger.comtag:blogger.com,1999:blog-4748314449835758607.post-66498145173474187902008-11-18T00:37:00.000-05:002008-11-18T00:37:00.000-05:00I like Cuban, and his discourse lately has made me...I like Cuban, and his discourse lately has made me wonder if he is planning to jump into politics.<BR/><BR/>The <A HREF="http://www.nytimes.com/2008/11/18/business/18insider.html?ref=business" REL="nofollow"> NYT story </A> caught my attention. The political angle seems legit - there is plenty of evidence of the Bush admin using its power for political ends. <BR/><BR/>Also, any thoughts from the lawyers on why civil, not criminal? A statutory reason or just a potentially weak case?GammaBoyhttps://www.blogger.com/profile/14724627174828507827noreply@blogger.com