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People should remember that while they have the right to their opinion, they are not entitled to be taken seriously. -- Bruce Bartlett

Mark Cuban charged with insider trading

Posted by MB21 on 11/17/08 at 10:36 AM • 115 Comments

The SEC has charged Mark Cuban with insider trading relating back to 2004. 

The SEC alleges in a civil action that Mr. Cuban sold his entire 6% ownership stake on June 28, 2004, after learning that Mamma.com was raising money through a private investment in a public entity, or PIPE. The next day, on June 29, the company announced the PIPE financing and shares of the company dropped by more than 10%. By selling his stake, the SEC alleges, Mr. Cuban avoided more than $750,000 in losses.

One has to wonder how much influence Buddy Selig had as this almost certainly gives Mark Cuban almost zero chance of buying the Cubs. 

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1. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 11:53 AM

It is certainly interesting, the timing. I’m pretty ignorant on the whole Wall Street/trading stuff, but it took them four years to figure all this out?

Maybe that’s why the economy is so bad.

Any banker people willing to share insight?

2. ccd (view all comments) — Nov 17, 2008 @ 12:26 PM

Cuban buying the Cubs was probably already dead. this is the nail in the coffin.

MLB didn’t want this guy owning the club and now they have a legit reason not to have him as a member of their club. it’s too bad.

3. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 12:33 PM

it’ll be interesting to see how MLB/Cuban respond.  There is no way he didn’t know this was coming and thus I would think he’d have full disclosure to MLB. if MLB claims this as surprising it’s BS and they are using this as leverage to eliminate him as a potential suitor.

5. ccd (view all comments) — Nov 17, 2008 @ 12:50 PM

Ricketts is gonna own this club.

6. MB21 (view all comments) — Nov 17, 2008 @ 12:51 PM

Didn’t Maury Brown say a few months ago that Ricketts was pretty much guaranteed ownership or something like that?

7. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 12:57 PM

They just compared Cuban to Stewart and think he’s going to do jail time.  ummm, stewart went to jail because she lied.  Cuban would have to pay a fine.

8. MB21 (view all comments) — Nov 17, 2008 @ 01:01 PM

Who made that comparison?

9. J (view all comments) — Nov 17, 2008 @ 01:03 PM

Who made that comparison?

I’d guess the morality police at BCB.

10. MB21 (view all comments) — Nov 17, 2008 @ 01:11 PM

I’d guess the morality police at BCB.

That’s probably a good guess.  My dog is smarter than 85% of the people that frequent that site.

11. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 01:13 PM

I’d guess the morality police at BCB.

DING DING DING. not unexpected. They are talking about how he can sign players and do interviews from jail.

12. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 01:19 PM

My anus is smarter than 85% of the people that frequent that site.

Fixed.

13. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 01:29 PM

FUUUUUUUUUUUUUCK

Try $4.28 trillion dollars. That’s $4,284,500,000,000 and more than what was spent on WW II, if adjusted for inflation, based on our computations from a variety of estimates and sources*.

14. vladimir (view all comments) — Nov 17, 2008 @ 01:29 PM

They just compared Cuban to Stewart and think he’s going to do jail time.  ummm, stewart went to jail because she lied.  Cuban would have to pay a fine.

You have to admire them for declaring he’s going to do jail time when the only charges that have been leveled are civil.

15. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 01:31 PM

Not that any of that wasn’t expected….

16. Harry Pavlidis (view all comments) — Nov 17, 2008 @ 01:37 PM

Stewart went to jail on obstruction charges, right?

17. MB21 (view all comments) — Nov 17, 2008 @ 01:39 PM

What I wonder with all of this is how involved George W. Bush is.  It’s no secret that Bush wants to be commissioner and many thought it might happen as early as 2009 before Selig’s contract was extended.  There is no doubt whatsoever that Selig pulled some strings here.  The only question is whether or not he convinced Bush his chances of gaining approval to be commissioner would be significantly better if he did this favor for him.

18. MB21 (view all comments) — Nov 17, 2008 @ 01:40 PM

Stewart went to jail on obstruction charges, right?

Yes, it was 4 or 5 counts of obstruction that she was found guilty of.

19. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 01:53 PM

What I wonder with all of this is how involved George W. Bush is.  It’s no secret that Bush wants to be commissioner and many thought it might happen as early as 2009 before Selig’s contract was extended.  There is no doubt whatsoever that Selig pulled some strings here.  The only question is whether or not he convinced Bush his chances of gaining approval to be commissioner would be significantly better if he did this favor for him.

they can’t stand each other.

20. MB21 (view all comments) — Nov 17, 2008 @ 02:00 PM

Selig and Bush?

21. Jame Gumb ® (view all comments) — Nov 17, 2008 @ 02:09 PM

Jake Peavy was in Puerto Rico last week with Hoffman, Young and several other ballplayer friends, including the Brewers’ Ryan Braun and the Yankees’ Derek Jeter. Another friend called Peavy to ask if he had heard that Peavy soon might be dealt to the Braves.

Peavy’s response left one person present to conclude that Peavy, whose consent is needed for a trade, will not be going to Atlanta anytime soon, even if the Padres and Braves were to agree to a trade. “I think he wants to go to Chicago,” the friend said.

Former Cubs stars Rick Sutcliffe and Mark Grace are friends of Peavy who speak fondly of their experiences with the Cubs.
—sandiegoonline

Apparently this is pretty close to a rumore an NSBSer posted.

22. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 02:12 PM

Apparently this is pretty close to a rumore an NSBSer posted.

Didn’t the NSBSer claim he was in Puerto Rico and ran into Peavy or some story close to that instance?

23. Jame Gumb ® (view all comments) — Nov 17, 2008 @ 02:14 PM

Nice. I hope for more losses and a higher pick and they win. Jerks.

24. Jame Gumb ® (view all comments) — Nov 17, 2008 @ 02:15 PM

Didn’t the NSBSer claim he was in Puerto Rico and ran into Peavy or some story close to that instance?

I don’t remember the exact story, but apparently he told a moderator behind the scenes and it was legit enough for the mod to quasi vouch for the story.

25. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 02:19 PM

Selig and Bush?

yes.

26. ccd (view all comments) — Nov 17, 2008 @ 02:27 PM

Selig and Bush?
yes.

I did not know that. Thanks Wrigleyville.

27. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 02:31 PM

Aren’t Z and Cruz good friends? I wonder if he could sway him to return to the Cubs as a reliever.

28. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 02:41 PM

Furcal’s agent says the 4/40M deal is in the ballpark of what they are asking.  That’s a cheaper per year salary than i figured.

29. Jame Gumb ® (view all comments) — Nov 17, 2008 @ 02:43 PM

Furcal’s agent says the 4/40M deal is in the ballpark of what they are asking.

Yeah, but that doesn’t include the per diem on liquor and the clause that mandates the team will pry off the car breathalyzer.

30. Jame Gumb ® (view all comments) — Nov 17, 2008 @ 02:46 PM

I agree.
I was, as most know, initially against Cuban, but lately had adopted a wait-and-see attitude.

I suspect that even if he clears his name here, MLB owners will use this as an excuse.

Sounds to me like the Ricketts group is the one.

“That’s my opinion and if you don’t like it, well, I have others.” ~ Groucho Marx
by Al on Nov 17, 2008 12:02 PM CST up reply   0 recs

Wait and see what? If he became the owner? How “out of the box.”

31. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 02:50 PM

Giants signed Affeldt.

35. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 03:17 PM

40. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 03:43 PM

Cubs’ assistant told a friend of mine with the Marlins that they feel like they might have a shot at Peavy… apparently SD and CHIC are trying to get the Nationals, A’s or White Sox involved.

He threw out a couple of ideas that they have bandied about over the past five days, including a 3-way with the White Sox that would, in theory, land the Cubs Peavy, SS Kahlil Green (6.5 mil in 09) and outfielder Jermaine Dye for Vitters, Pie, Veal and Cedeno. All would go to San Diego, as well as Sox right-hander John Ely or outfielder Jordan Danks. The White Sox would receive Kevin Hart from the Cubs and Kyle Blanks from the Padres.

The hang-up is the relationship between the two Chi front offices, and the Padres wanting more impact talent inr eturn for Peavy…

Hendry has also expressed strong interest in Javier Vazquez, but the pieces are tough to put together., there, too.
—quote from Churchill via NSBS.

The fact that dye is mentioned seems to make this a bit less believable.

42. Jame Gumb ® (view all comments) — Nov 17, 2008 @ 04:02 PM

The fact that dye is mentioned seems to make this a bit less believable.

...but more out-of-the-box.

43. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 04:07 PM

...but more out-of-the-box.

very true.  The problem is that the Cubs have said they want a lefty bat. I could see the Cubs taking Vazquez over Dye, however. 

That’s still a crapload of salary going to the Cubs in either scenario.

44. Jame Gumb ® (view all comments) — Nov 17, 2008 @ 04:08 PM

The problem is that the Cubs have said they want a lefty bat.

And Dye would be a very out-of-the-box solution.

45. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 04:11 PM

And Dye would be a very out-of-the-box solution.

it would vindicate Al’s desired solution to RF.

46. Jame Gumb ® (view all comments) — Nov 17, 2008 @ 04:13 PM

it would vindicate Al’s desired solution to RF.

Not 2007 Al’s, though.

47. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 04:16 PM

Not 2007 Al’s, though.

Jermaine thought Al was better than his opinion in 2007 and challenged AL to prove him wrong.

48. Jame Gumb ® (view all comments) — Nov 17, 2008 @ 04:17 PM

Jermaine thought Al was better than his opinion in 2007 and challenged AL to prove him wrong.

Al was against Dye last year, but has now taken a wait-and-see approach to trading for him.

50. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 04:36 PM

a milwaukee writer had pujols 7th on his mvp ballot.

51. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 04:41 PM

Yeah… I do not for the life of me get the Jermaine Dye suggestion. I mean, he really does not address any of this team’s needs. Sure the guy plays RF, but he swings from the wrong side of plate, and isn’t particularly good in the field.

I still think DeRosa would be a suitable option for right if the Cubs go after Brian Roberts, which I really hope they do. But if they do decide to go after a free agent, I think Abreu makes a good deal of sense. Joe Sheehan wrote a little something about him over at BP today—makes a pretty good case for an NL team to request his services.

52. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 04:43 PM

a milwaukee writer had pujols 7th on his mvp ballot.

With some insane reasoning behind the picks.

53. Jame Gumb ® (view all comments) — Nov 17, 2008 @ 04:53 PM

I think that Pujols had a very very good year, but he wasn’t even the MVP of the Cards…
I think Ludwick & Loshe were probably more of the reason that the Cards were competitive most of the year for the division title. I think maybe the MVP should have gone to Howard.

Jimmyeatworld
by Jimmyeatworld on Nov 17, 2008 3:05 PM CST up reply   0 recs

54. Jame Gumb ® (view all comments) — Nov 17, 2008 @ 04:54 PM

BS.
As stated above, Pujols wasn’t even the MVP of the cards. He had a regularly great season but the people who “kept” them competitive were guys like Ludwick who weren’t expected to produce and because of their performance all season, the Cards were in the race most of the way. IMO, this award needs to be given with consideration for context. If so, Ludwick gets my vote on the Cards but there are plenty of valuable players to be considered.

Kwa…Ki…Sur…Pee…Nee…Ku?
by Kinky Reggae on Nov 17, 2008 3:16 PM CST up reply   0 recs

55. vladimir (view all comments) — Nov 17, 2008 @ 05:00 PM

Here you go, Maddog, it could be that Bud Selig didn’t turn the SEC loose on Cuban, but rather that he got sued because he financed a movie that accused President Bush of being responsible for 9/11: http://norris.blogs.nytimes.com/2008/11/17/insider-trading-or-political-persecution/

56. MB21 (view all comments) — Nov 17, 2008 @ 05:16 PM

Thanks for the link, Vlad.  Interesting stuff.

57. MB21 (view all comments) — Nov 17, 2008 @ 05:18 PM

Anyone who voted Pujols 7th in the MVP should be eliminated from the gene pool.  In fact, anybody that voted him for anything less than 1st should also be eliminated from the gene pool.

58. MB21 (view all comments) — Nov 17, 2008 @ 05:18 PM

Furcal’s agent says the 4/40M deal is in the ballpark of what they are asking.  That’s a cheaper per year salary than i figured.

That’s not bad at all.  Sign Furcal, Johnson for 1 year at $8 million and get a right fielder, call it an offseason.

59. Jame Gumb ® (view all comments) — Nov 17, 2008 @ 05:28 PM

Sign Furcal, Johnson for 1 year at $8 million and get a right fielder, call it an offseason.

That might be a little too in-the-box…

60. vladimir (view all comments) — Nov 17, 2008 @ 05:33 PM

That might be a little too in-the-box…

Get this: the RF might be right-handed.

61. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 05:34 PM

Kwa…Ki…Sur…Pee…Nee…Ku?
by Kinky Reggae on Nov 17, 2008 3:16 PM CST up reply   0 recs

Pujols is penalized for being perennially the-greatest-player-ever-at-age-XX.

62. Jame Gumb ® (view all comments) — Nov 17, 2008 @ 05:39 PM

XX = 118

63. Mercurial Outfielder (view all comments) — Nov 17, 2008 @ 05:42 PM

PUJOLS 7TH?  Pujols was the seventh best player in the league when he was in AAA. Now he is transcendent. Only A-Rod is even in the same stratosphere. Anyone who can’t see this should be banned from watching baseball and forced to join a competitive scrotum kicking league so that their seed is wiped from the earth.

64. Mercurial Outfielder (view all comments) — Nov 17, 2008 @ 05:44 PM

he wasn’t even the MVP of the Cards…
I think Ludwick & Loshe were probably more of the reason that the Cards were competitive most of the year for the division title.

If anyone ever, ever, EVER tells you that Ryan Ludwick and Kyle fucking Lohse were more important to that Cardinals team, you should punch them in the throat and leave them in the street. The above comment might be among the most soul-rapingly stupid things I have ever heard.

65. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 06:05 PM

I am completely flummoxed with the thought that people here think Bud Selig…the bud selig that presided over a tied all star game…the bud selig that thought it was a good idea not to tell anyone what the rules for the world series were…that guy…scheemed, and moreover has some kind of actual influence over, a government agency…the Internal Revenue Service no less!

Like Bud has some kind of string he can pull to get after cuban?  Oh and by the way you are also implicating the president of the united states in this conspiracy you have uncovered?  Really?

Cuban is being charged with selling shares that he publicly announced he was selling, after he publicly announced he wasn’t allowed to sell the shares, then the stock fell 15% more.  The IRS has plenty of ammo here, rightly or wrongly, to make a case…without the presence and influence of the governmental big bud selig, and his cohort in crime, the president.

66. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 06:13 PM

And by the way, why in the world would baseball owners not want Cuban in the bidding process?  That’s like saying Sabathia’s agent is going to sell him to the Giants, but doesn’t want the Yankees even in the process.  Even if you have no intention of selling him the cubs, what kind of idiot would drop the highest bidder out at this stage of the game?

And also by the way, if the cubs get sold for $700-$800mm as opposed to $1.2bn, which is REAL possible in this financial environment (no debt financing) and no cuban, what do you think that does to the values of the other franchises in the league?  Lopping off the top bidder, in this case, could cause league wide valuations to drop upwards 40+%.  If the Cubs franchise can’t hold value, what would that say about, say, jerr r. and the white sox?

So all of these owners hate cuban so much that they would risk devaluing their franchises by hundreds of millions of dollars?  so that he can’t even bid?  Really?  Think I’ll take the other side of that action.  That being that the IRS wanted another high profile case to prosecute, except this one isn’t a lay-up like martha because cuban has been completely upfront about everything.  Are there even charges?  i thought i read they were “suing” him, whatever that means…

67. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 06:23 PM

dbrown…while this might not be a conspiracy between bush and selig it certainly is strange that it has take this many years tocome to fruition.  If one believes the story from the link vladimir posted it very well could be Bush’s going away “present” for Cuban knowing full-well that it would probably hurt his chances at buying the Cubs. Granted that could change if Cuban is the only one coming close to 1B in his bid but at the same time MLB can’t afford any additional bad PR by the public questioning why they would sell to a guy that is involved in Insider Trading.

68. Mercurial Outfielder (view all comments) — Nov 17, 2008 @ 06:35 PM

dbrown, I see your point and am myself of the mind that one should not multiply entities when it is unnecessary to do so, but what has been suggested here is not nearly as beyond the pale as you seem to think.

As for why MLB might not want Cuban around, well, he’d almost surely try to outbid everyone for players. As salaries rise, profits drop. The last thing Selig wants in another Steinbrenner-type around.

69. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 06:38 PM

How about this. Maybe Cuban got nabbed because he’s guilty?

W gets accused of being too dumb to remember his name by most (rightfully so in many cases), yet the same people have no problem crediting him with all of these elaborate schemes and ripoffs.

It’s not that uncommon for people to get jacked up for crimes they committed years ago. Sometimes it takes that long to 1) get the evidence needed for a conviction 2) watch them to see if they are still commiting similar crimes, for which more counts can be added. 3) watch them to see if more people are envolved.

The Feds have known about Barry Bonds since at least 2001, yet here he is a free man for now, 7 years later.

70. Mercurial Outfielder (view all comments) — Nov 17, 2008 @ 06:47 PM

I don’t doubt that could be the case, buckeyesuk.  I think the sentiment around here was mainly that the timing of this, given Zell’s expressed desire to speed up the sale in the past two weeks, is quite suspicious. Again, it could be that Cuban is guilty, and is fined by the SEC; or it could be that he came by the information through the proper channels and isn’t guilty of anything at all. That’s for a judge to decide. All we can do here is speculate, and that’s all we’re really doing.

71. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 06:48 PM

Cuban hasn’t been “nabbed” for anything.  It is my understanding he isn’t even being charged criminally.  This administration has a history of firing federal prosecutors that wouldn’t go after political rivals.  It’s not so far fetched to think the Bush Administration might want to settle a score with Cuban.  Ask Valerie Plame.

72. MB21 (view all comments) — Nov 17, 2008 @ 06:54 PM

And by the way, why in the world would baseball owners not want Cuban in the bidding process?  That’s like saying Sabathia’s agent is going to sell him to the Giants, but doesn’t want the Yankees even in the process.  Even if you have no intention of selling him the cubs, what kind of idiot would drop the highest bidder out at this stage of the game?

Seriously?  The reason MLB owners want nothing to do with Cuban is obvious.  If Cuban owns an MLB team, salaries increase.  It’s in the owners interest to not have to pay more money to get the same thing they could get for less money if he weren’t allowed to own a team.

73. MB21 (view all comments) — Nov 17, 2008 @ 06:56 PM

so that he can’t even bid?

Where did someone say Cuban can’t bid?  Of course he can bid.  He just isn’t going to get MLB approval because owners would rather pay Sabathia $140 million rather than $200 million.

74. Mercurial Outfielder (view all comments) — Nov 17, 2008 @ 06:59 PM

He just isn’t going to get MLB approval because owners would rather pay Sabathia $140 million rather than $200 million.

And I’ve already heard rumblings today that MLB is none too happy with the Yankees’ apparent all-out approach to this offseason.  Like I said above, the last thing Selig and the owner’s cabal want is another Steinbrenner.

75. MB21 (view all comments) — Nov 17, 2008 @ 07:03 PM

All I did was merely suggest there was involvement at the executive level of our government.  I made no claims that it was in fact what happened or even that I believed that is what happened.  Vlad then provided a link that at least provides something additional to discuss.  I understand it can take years to bring charges against someone in a case like this, but it is at least interesting as far as the timing goes. 

WV said the two hate each other and I trust him, but sometimes 2 people who hate each work together.  It’s a possibility.  Probably not what most likely happened and I never said it was.

76. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 07:05 PM

Doug Melvin was complaining that the Yankees would bid $140 mill for CC when the offer they were out-bidding was $100.  I would imagine Selig is thinking the same thing.

77. MB21 (view all comments) — Nov 17, 2008 @ 07:05 PM

And I’ve already heard rumblings today that MLB is none too happy with the Yankees’ apparent all-out approach to this offseason.  Like I said above, the last thing Selig and the owner’s cabal want is another Steinbrenner.

Exactly.  And I’ve yet to read any evidence that other franchises value are in some way tied to the value that one of the most high profile team in sports gets.  I find it hard to believe that the value of the Kansas City Royals will increase due to the Cubs selling for, say, $1.2 billion.  Franchises like the Dodgers, Yankees and Red Sox and probably even the Cardinals and Astros and maybe a few other teams would see their value increase some, but I don’t think it would be a league wide increase.

78. Mercurial Outfielder (view all comments) — Nov 17, 2008 @ 07:06 PM

Cuban’s lawyer has spoken up:

This matter, which has been pending before the Commission for nearly two years, has no merit and is a product of gross abuse of prosecutorial discretion. Mr. Cuban intends to contest the allegations and to demonstrate that the Commission’s claims are infected by the misconduct of the staff of its Enforcement Division.

Interesting. Also, The Wall Street Journal now has a nice piece up on the kerfuffle:

Of course, insider trading is considered notoriously hard to prove, which means the SEC has an uphill battle. The SEC alleges that Mamma.com’s executives and bankers provided Cuban with confidential information about the PIPE deal, on the condition he wouldn’t sell his shares until the announcement was public. Cuban sold his shares on June 29, 2004. The company announced the PIPE offering by 6 p.m. that day, making the difference between his sale and the announcement a matter of hours. Still, even those few hours saved Cuban a 9% loss on the value of his shares.

79. MB21 (view all comments) — Nov 17, 2008 @ 07:08 PM

Doug Melvin was complaining that the Yankees would bid $140 mill for CC when the offer they were out-bidding was $100.  I would imagine Selig is thinking the same thing.

I imagine a team like the Yankees have done their research and found a number that they were sure would convince Sabathia to come back to the AL and an east coast team.  I don’t have a problem with their offer.  A team as successful as that franchise doesn’t do that many stupid things so I’d bet they found out what a team like the Angels were going to offer and the Yankees then offered Sabathia 10% more.  I think it’s unfair to say the Yankees outbid the Brewers by $40 million.  We all knew there would be at least 5 or 6 teams that would out-bid that offer by the Brewers so the Yankees didn’t outbid the Brewers.  They outbid a figure I’m sure the Yankees were aware of.

80. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 07:17 PM

I agree with you Maddog.  I don’t believe the Brewers are even being considered by CC. Really, no GM has the right to complain about any bid put against theirs.  Selig has made remarks in the past about teams paying free agents significantly more than what other teams had bid.  I remember him complaining about the Cubs paying Marquis and Lilly too much.

81. MB21 (view all comments) — Nov 17, 2008 @ 07:26 PM

Really, no GM has the right to complain about any bid put against theirs.  Selig has made remarks in the past about teams paying free agents significantly more than what other teams had bid.  I remember him complaining about the Cubs paying Marquis and Lilly too much.

I recall some remarks from Selig about the Soriano signing too.  It was later learned the Cubs offered $20-some million more than the Angels did.  I figure MLB owners can offer up whatever the hell they want to.  It’s not Selig’s business and it sure as hell isn’t the business of some other GM who is crying about his own pathetic offer.

82. MB21 (view all comments) — Nov 17, 2008 @ 07:29 PM

Al says the Cubs need Ryan Dempster because he’s a good clubhouse guy.  That dude is nuts.

83. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 07:31 PM

While i disagree with why owners don’t want him around, that isn’t my point.  A cuban bidding with federal charges pending and one without are 2 completey different animals, the former is irrelevant.  it’s nuts to think owners don’t want him in the bidding process, and gettin’ into cahoots with the IRS and el presidente effectively takes him out.  I wonder if selig is camped out in a bunker on the grassy knoll with lee harvey above.

cuban for all intents and purposes being out of the bidding is a worst case scenario for the cubs bidding process, and for baseball team valuations.  One of the primary metrics of how businesses get valued is through comparable transactions.  there are only a handful of sports team deals a decade, if that.  If the cubs sell for $800 instead of $1.2bn (arbitrary numbers, but you get the point), there is a direct impact on the mark-to-market value of every franchise in baseball.  some more than others, but absolutey a direct impact - and a big one.  If you can get that value benefit by keeping the stalking horse alive to drive up the bids, you do it and vote him out later, You don’t call up the president to invalidate him a year ahead of a deal.

Maddog - you said “there is no doubt whatsoever that selig pulled some strings here.”  First off Bud Selig doesn’t have federal strings.  secondly, he would be an idiot to do it and all 30 owners should fire him for cutting out the guy bidding up the price.

84. MB21 (view all comments) — Nov 17, 2008 @ 07:33 PM

I read somewhere over the weekend that Zell and Cuban could sue MLB and the government over the anti-trust exemption if Cuban was the highest bidder and not allowed to own the Cubs.  I keep reading things like this.  It cannot happen.  The anti-trust exemption can only be repealed by Congress itself and that’s why Congress always threatens MLB with it when they want to hold a congressional hearing.  There is nothing that Zell and/or Cuban can do with regards to the anti-trust exemption.

85. Mercurial Outfielder (view all comments) — Nov 17, 2008 @ 07:34 PM

Dear Bud Selig:

That is all.

86. MB21 (view all comments) — Nov 17, 2008 @ 07:36 PM

it’s nuts to think owners don’t want him in the bidding process, and gettin’ into cahoots with the IRS and el presidente effectively takes him out.

Why does this take him out of the bidding?  Cuban could bid on the team if he was convicted of murdering 17 people.  Anybody can bid to buy whatever they want regardless of what is going on around them.  This doesn’t prevent Cuban from bidding.

I’m also not convinced that him bidding matters in the least bit.  Cuban can bid $2 trillion and the Cubs will be sold to someone like Ricketts for around $700 million.  MLB owners are not going to approve Mark Cuban as an owner so his bid will have no affect whatsoever on the value of their own franchises.

87. Mercurial Outfielder (view all comments) — Nov 17, 2008 @ 07:37 PM

all 30 owners should fire him for cutting out the guy bidding up the price.

Oh, would that such a blessed event should occur.

88. MB21 (view all comments) — Nov 17, 2008 @ 07:39 PM

If the cubs sell for $800 instead of $1.2bn (arbitrary numbers, but you get the point), there is a direct impact on the mark-to-market value of every franchise in baseball.  some more than others, but absolutey a direct impact - and a big one.

I’ll take your word on that, but how will an offer of $1.2 billion have an impact on any franchise when the team is sold for the next highest bid?  The impact, I’d think, would only be from the final cost, not the highest bid.

89. MB21 (view all comments) — Nov 17, 2008 @ 07:41 PM

Maddog - you said “there is no doubt whatsoever that selig pulled some strings here.”  First off Bud Selig doesn’t have federal strings.  secondly, he would be an idiot to do it and all 30 owners should fire him for cutting out the guy bidding up the price.

Once again, the highest bid isn’t going to have an impact.  It’s the cost at which they are sold and whether Cuban bids more than anyone else is irrelevant because he won’t get MLB approval to buy the team.  The only reason Cuban is bidding, as many have suspected, is to force other bidders to offer more than they would have otherwise and the financial situation kind of ruins all of that.

90. MB21 (view all comments) — Nov 17, 2008 @ 07:43 PM

It would be a great day to see Selig kicked out of baseball.  I think the little fuck should be banned from baseball for life at the same time they re-instate Pete Rose and Shoeless Joe Jackson.

91. vladimir (view all comments) — Nov 17, 2008 @ 07:48 PM

I actually just posted my link because I thought it was interesting in light of Maddog’s theory, not because I really believe it or Maddog’s theory. I think the odds are that neither of those motives is actually the case.

But dbrown, you do hurt your credibility a little when you confuse the IRS with the SEC. The Securities Exchange Commission enforces federal law regarding securities, and regulates US stock exchanges. They’re suing Cuban civilly for an alleged violation of insider-trading laws, and seeking to levy a fine on him. At this point it’s not a criminal matter.

92. vladimir (view all comments) — Nov 17, 2008 @ 07:50 PM

Also, Maddog, I doubt that the only reason Cuban is bidding is to drive up the price, although that may be the only reason they haven’t formally spiked him yet. I have to think Cuban thinks he has a shot. But I also think Mark Cuban has a fair bit of ego, so it’s easy for him to ignore reports that the owners will never allow him to take over the franchise or whatever. He just doesn’t strike me as the sort of guy who would be someone else’s willing patsy.

93. MB21 (view all comments) — Nov 17, 2008 @ 07:54 PM

I doubt it’s the only reason as well, but more than a couple people (reputable sources) have suggested that Zell asked Cuban to do him a favor.  I’m sure Cuban thinks that with the money he has he can somehow get the approval.  It’s probably an ignorant thought by him, but it’s coming from someone who hasn’t made that much money by easily taking “no” for an answer.

94. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 07:58 PM

towers discusses the Peavy discussions and that the Cubs are it right now.  He does go on to mention that they might need to include a few more clubs to get the right mix of players.  So that does give more credibility to the White Sox rumor.  but perhaps we need to see if Hendry makes a few other deals for some pitchers.

95. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 08:05 PM

Maddog - you said “there is no doubt whatsoever that selig pulled some strings here.”  First off Bud Selig doesn’t have federal strings.  secondly, he would be an idiot to do it and all 30 owners should fire him for cutting out the guy bidding up the price.

bud doesn’t have them (to speak of) on the gop side. on the dem side? they are considerable. his chief lobbyist is married to sen. conrad of north dakota (dem).

96. Harry Pavlidis (view all comments) — Nov 17, 2008 @ 08:10 PM

nice clip, jman.  I bailed when Towers mentioned bringing Damian Miller out of moth balls.

Hendry has some leverage.  Sounds like he’s leading Towers into/through a three or four team deal.

97. MB21 (view all comments) — Nov 17, 2008 @ 08:33 PM

bud doesn’t have them (to speak of) on the gop side. on the dem side? they are considerable. his chief lobbyist is married to sen. conrad of north dakota (dem).

Is Selig that despised by the GOP?

98. MB21 (view all comments) — Nov 17, 2008 @ 08:34 PM

I can’t listen to the clip right now, but will later on.  From what I gather here, Towers said the Cubs are the only team he’s talking to about peavy and that if a deal is done it will be a 3 or 4 team deal?  is that right?

99. Harry Pavlidis (view all comments) — Nov 17, 2008 @ 08:35 PM

yep, that about sums it up

100. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 08:38 PM

How much leverage does Towers have if the Cubs are the only team Peavy will wave the no trade clause for and the owner is telling him he has to dump the salary?  I think Towers may be posturing to try and get a better deal out of the Cubs.  I don’t know that Peavy won’t wave for any other team I’m just speculating.

101. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 08:49 PM

Hendry has some leverage.  Sounds like he’s leading Towers into/through a three or four team deal.

It’s not often you learn that Hendry really is the only one standing in the room. It’ll be interesting to see how he handles as this seems to be his specialty. A fairly big blockbuster could happen with Hendry getting Peavy and additional pieces to fill-in RF and bullpen.

Here’s a scenario:

Dodgers get:
Greene
Vazquez

White Sox:
A. Jones
Wuertz
Fontenot/DeRosa
cash
Padres get:
Cedeno,
Pie,
Veal,
B. Jenks
Marshall

Cubs get:
peavy,
Ethier

It’s not the greatest deal and the Sox/Dodgers might not be getting fair value back either.

102. MB21 (view all comments) — Nov 17, 2008 @ 08:51 PM

I don’t think Towers has any leverage if the report is true that Peavy said he wouldn’t go to Atlanta and wanted a deal done with the Cubs.  If that’s true, Hendry should just wait Towers out and then give him next to nothing for Peavy.

103. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 08:57 PM

If that’s true, Hendry should just wait Towers out and then give him next to nothing for Peavy.

that won’t exactly happen.  If you get completely fleeced by another GM I would think that hurts future discussions no matter what the circumstances are surrounding the previous trade.  it sounds childish and stupid but I know I have read in several places GM’s taking this stance and nowadays many want everyone to be happy.

he won’t get fair-market value because he’s basically squeezed but he won’t get rolled over either.

104. MB21 (view all comments) — Nov 17, 2008 @ 09:11 PM

new thread up

105. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 09:47 PM

meant the sec, got confused for a second with bonds.

my point is that cuban bidding with an sec investigation doesn’t drive the price up.  a clean cuban is a legitimate, albeit unlikely bid.

by the way, don’t take this as a defense of selig.  the guy is a complete idiot.  people that defend him say the game has grown under him.  that’s like saying colege football has never been more popular so who needs a playoff.

106. MB21 (view all comments) — Nov 17, 2008 @ 10:06 PM

dbrown, what I keep asking though is how does Cuban’s bid impact other franchises if it’s not going to be accepted? For example, Sabathia was offered $140 million over 6 years by the Yankees and $100 million over 5 years by the Brewers.  If he accepts the Yankees offer all other free agents are going to benefit.  If he accepts the Brewers offer the Yankees offer will have no impact on free agency. 

So if Cuban bid $1.2 billion, but Zell accepted $700 million what’s it matter what Cuban bid?

107. (JavaScript must be enabled to view this email address) (view all comments) — Nov 17, 2008 @ 10:23 PM

So if Cuban bid $1.2 billion, but Zell accepted $700 million what’s it matter what Cuban bid?


But that won’t happen Zell is in a pinch to take top dollar and that is exactly what he will do. If the MLB owners shoot the bidder down there will be a lawsuit and MLB will lose their antitrust exemption count on it.

108. MB21 (view all comments) — Nov 17, 2008 @ 10:48 PM

Zell is in a pinch to get dollars, Cone.  He can’t afford a long drawn out battle to get these dollars.  He has a huge payment coming due and will take the offer that is the easiest to acquire the money.

There is nothing at all that Zell and Cuban can do about the anti-trust exemption.  I mentioned this earlier.  They can’t do anything.  The only way the anti-trust exemption can be removed is if Congress creates legislation.  The courts can no longer hear cases regarding the anti-trust exemption in MLB.

109. (JavaScript must be enabled to view this email address) (view all comments) — Nov 18, 2008 @ 09:36 AM

Zell is in a pinch to get dollars, Cone.

Thus he wants the highest bidder and not the person hand picked by the members of the country club. We’re talking a difference of a couple hundred million here and I guarantee Zell wants that money whether MLB owners agree or not. The Feds have already spoke out against the antitrust exemption I’m sure this would only garner support to break it. This is a business and not a country club and the owner should be able to sell to whomever he wants and not to who the other owners see fit. Zell’s payment is due in June I believe and he needs every penny he can get.

110. MB21 (view all comments) — Nov 18, 2008 @ 09:55 AM

The Feds have already spoke out against the antitrust exemption I’m sure this would only garner support to break it. This is a business and not a country club and the owner should be able to sell to whomever he wants and not to who the other owners see fit.

Cone, don’t take my comments above as me agreeing with them.  I don’t.  I think it’s bullshit, but the only person who has said Cuban has a chance to own the Cubs is Mark Cuban.  Literally every other source that has written on his chances have said he has no chance.  The MLB has blocked other owners before from buying a club so I don’t think there’s any ground to stand on in terms of taking it to court.  Mark Cuban can own a team if he gets the support of 2/3 of the NL teams.  If he doesn’t, the rules are set up so that he cannot own the team. 

With the Supreme Court’s ruling in 1998 that any further changes to baseball anti-trust exemption would have to be made by Congress, they will no longer hear cases that have anything to do with it. 

Also, Cone, there are so many aspects of the antitrust exemption.  If Congress got rid of it in its entirety, MLB would fold within 2 decades.  There would no longer be minor league affiliates so a team like the Yankees could go out and buy 25 minor league teams as teams did many years ago.  The Yankees would have an endless pipeline of talent while teams like the Marlins would have none because the MLB draft would no longer exist either as it’s a violation of antitrust laws to bound one player to one company. 

There are reasons it still exists and good reasons too. 

While you’re right that Zell has a responsibility to sell to the highest bidder, he also has a responsibility to sell to the bidder that will get approval the quickest. 

All I know is that I’ve not yet heard even one credible source say that Mark Cuban has a chance to own the Cubs.

111. MB21 (view all comments) — Nov 18, 2008 @ 09:58 AM

Also, Cone, do you really think Congress is going to pass new legislation getting rid of the antitrust exemption?  That would be almost impossible to do.  Especially on the timeline that Sam Zell needs.  I doubt he even considers Cuban’s bid, if Cuban even bids.

112. (JavaScript must be enabled to view this email address) (view all comments) — Nov 18, 2008 @ 10:35 AM

ok, so my point is (numbers are illustrative):

1) a clean cuban bids $1.2bn

2) ricketts bids $750

3) Selig and owners want ricketts

4) zell says that’s ridiculous, and besides he has a proprietary duty to his public shareholders and employees

5) baseball tells rickets he needs to be within $150-$200 of the highest realistic bid (clean cuban)

6) rickets ups bid to $1bn and baseball pushes it thru

7) The franchise sells for 30% more than it was going to, which benefits ALL owners, tangibly and intangibly

Nevermind that $1.2bn would have helped them more, plus cuban would figure out ways for the league to make them even more money with new media, et al.  whatever, they are done and have benefited from cuban’s involvement.  a lot of assumptions in the above scenario, but i don’t think they are too unrealistic.

what IS unrealistic is that anyone will be able to pay anything close to these numbers for the foreseeable future, even cuban.  Trib is going to own this company for at least 1.5yrs.  no one has access to capital for the foreseeable future.  I have personally seen how a few of these guys were trying to finance this when there was a functioning debt market and it wasn’t going to work.  now with no debt market….trib isn’t going nowhere.

113. (JavaScript must be enabled to view this email address) (view all comments) — Nov 18, 2008 @ 10:42 AM

I do think in this economic environment zell will have more leverage than he would otherwise re: legitimizing the top dollar bid.  his company is in trouble, and they need to raise capital.  selig and the owners can reject and posture all they want, but when zell goes public with the fact that every $100mm he can’t take means 1000-2000 more people fired…with a chicagoan in the oval office (albeit a sox fan)...i don’t know.

but i do think cuban having SEC charges against him changes the landscape, and potentially illegitimizes his bid.  if it’s just a fine though, that would be a tough argument for mlb to make as they directly lead to the firing of people over a misdemeanor.

So, I guess what I’m saying is, there IS incentive for owners to illegitimize cuban now, before the bidding gets going.  However, it is an awfully expensive decision to make as it has a significant mark-to-market impact on their own assets.

114. (JavaScript must be enabled to view this email address) (view all comments) — Nov 18, 2008 @ 10:51 AM

dbrown, what I keep asking though is how does Cuban’s bid impact other franchises if it’s not going to be accepted? For example, Sabathia was offered $140 million over 6 years by the Yankees and $100 million over 5 years by the Brewers.  If he accepts the Yankees offer all other free agents are going to benefit.  If he accepts the Brewers offer the Yankees offer will have no impact on free agency. 

I think we can agree that if:

1)  the yankees are at $140/6
2)  the brewers are at $100/5, and
3)  sabathia wants to play for the brewers…

...that he will use the yankees bid to either get the brewers to 5 years or the total $ higher, or both.  That benefits sabathia.  That benefits future free agents everywhere.

And even if you think for some reason that the brewers offer is their final offer, the only reason they are at $100 in the first place is because the yankees are involved.  Do the brewers typicallly throw out $20mm contracts for the next 5 years to players they don’t have to compete with the yankees on?

the sabathia analogy is actually a perfect comparison, because you could compare him as “the cubs” of the free agent season.

agents do this crap all the time, i can’t believe this is a novel concept?

115. MB21 (view all comments) — Nov 18, 2008 @ 11:08 AM

...that he will use the yankees bid to either get the brewers to 5 years or the total $ higher, or both.  That benefits sabathia.  That benefits future free agents everywhere.

Yes, I agree with that and now I know what you’ve been saying, but let’s say the Brewers don’t offer more and he still really wants to re-sign and does.  Now let’s say that MLB owners simply won’t approve Cuban and Selig and company don’t have to tell Ricketts to improve his offer and Zell sells to Ricketts at $750 million.  Cuban’s involvement accomplished nothing for the other 29 franchises. 

Also, I think you underestimate how owners are looking at the short-terms and not the long-term.  There is obviously a long-term benefit for them to have Cuban buy the Cubs at an obscene price, but the short-term benefit is for them to not approve of Cuban.

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