My Brother Is Not Martha Stewart

This is the only time I will address the ignorant and hateful mail I have received.  The allegations against my brother are just that, allegations.  The only version of events the public gets to see is the SEC version in their complaint. They are going to spin facts in the light most favorable to their case.  As an attorney I am aware that this is the nature and reality of litigation.  Mark will get his say in court. I have no doubt that the true chain of events will play out in his favor.  It is also important to keep in mind that this is a civil proceeding. The blogosphere seems to be poorly educated on this point.  The only remedy the SEC is  for the most part seeking is monetary. (They are also asking for equitable relief)

There are only two people in this world that have known Mark longer than I have.  Everyone else has an opinion and gets their blog stats up by voicing it and speculating. I don’t have a problem with this. It is what makes the blogosphere one of the most fascinating ever expanding frontiers on earth. I however, have 47 years of facts. Mark is an ethical person of the highest level of integrity in every aspect of his life.  I urge people to not pass judgment on SEC self -serving P.R. Let the facts play out where they should, in a court of law.


39 Responses

  1. Probably someone trying to make a name for themselves by going after your brother. Glad I saw that this is simply a civil proceeding. From some accounts I've read it seemed like Mark was going to be looking for Capone's whiskey bottles.

  2. Some of the coverage of this matter is what gives online journalism a bad name. The staff of the SEC decided to bring a lawsuit. But one blogger erroneously reports there was an indictment, and dozens of others unthinkingly pick up the report.

  3. Civil litigation has become about the first press release rather than facts. It strikes me as odd that Mark would violate a basic ethical principle that he has, frankly, fought hard to propagate. It doesn't seem odd at all that government beauracrats would seek to put an inflammatory accusation in the press to make a name for themselves.

  4. It is story like this that I love to hate about our media. You get one person who hears a piece of information and then writes it as they heard it and soon it is the "truth and nothing but the truth, so help me God". The problem is, the person that started it did not clean the wax out of their ears or whip the sleep out of their eyes before they said or wrote anything.

  5. What purpose does it have to call people names on a blog? Shows complete ignorance and jealousy to me. Get a life and find something else to occupy your time with.

  6. The media has to report the story, but getting the facts straight would be nice. Of course bloggers are more like columnists, so they are entitled to their opinions, and they express them openly. I personally have nothing against Mark, so I give him the benefit of the doubt. Others who don't like him though, will take any chance they can get to attack.

  7. Good or bad, right or wrong, for or against it appear that … if you go somewhere, anywhere their is always evidence to prove you were their..

  8. Sorry to hear that Mark is going through this. I know how strong the two of you are and I know you will pull through this. At this point, it doesn't matter what the naive think. Know that you do have the support though!!!

  9. Why was he invested in a crappy search engine to begin with? Anyway, I don't think most people care that a billionaire (who does a lot of good, IE Fallen Patriot Fund) is being fined less then .1% of his estimated total wealth. If he was charged with a crime then things might be different.

    I'd still join him for a Cubs game in the bleachers any day.

  10. Brian, You have my support and the support of EVERY man, woman and child in America. Ok. Maybe not every. It sounded good. Presidential-like.

    Seriously, no one should ever be convicted by an allegation.

    Even if it DID end up being true, I think Mark may have been set up. It appears some organizations seek excuses to line their own pockets through monetary fines.

  11. There isn't any reason for the SEC to seek publicity to divert attention from the fact that the SEC allowed Lehman, Merrill Lynch, Goldman, J P Morgan Chase, and Bear to go to 40 to 1 leverage from the previous 12 to 1. No reason at all.

  12. The true test of using the power of the office is to be able to look in the mirror as directly on the last day of government employment as you do on the first day. Discretion as a government attorney includes measuring the credibility and self interest of your witnesses as against the life accomplishments of your adversary.Because what you do as a government attorney has an impact on the broader community. I remember how alone and challenged I felt in 2003 as a family member of a seriously wounded American service member. I remember one guy from the civilian world offering a helping hand when doing so might be seen as supporting an unpopular war. One guy. Mark Cuban. In the next twenty years, as combat veterans take on more leadership roles in this country, that offer of a helping hand at a difficult time will be more properly weighed on decisions on whether a government office should move forward on this type of he said/she said civil filing.

    I have to think that the new administration might want to look at combat experience as one of the factors in filling legal positions at the SEC. Maybe then they will have someone with the view I have of this particular decision to move forward.

  13. Do they have a case? Naturally, I'm sure its more complicated than it appears, but seems like a waste of time/money to some extent.

  14. It is a pain to be the target of a witch hunt involving the SEC or IRS. I'll say in contrast it is better to deal with these entities than guerilla warlords in other countries who take what you have just because they can at gunpoint and certainly without a trial. God Bless America.

  15. Of course not, he is the victim of a hate vendetta over his support of the "Loose Change" documentary.
    He also has a christian fundy in the leadership at the SEC calling him names, unpatriotic and trying to defame his good name.

    This is why religion should stay light years away from politics.

  16. Hey Brian,

    Wayne in Miami here…….we all know Mark has the BEST timing because he is in tune with what happens on a daily basis, and minute by minute! He makes it his life to stay in tune via whatever technology is available at the time. He is an AVID reader of anything he can get his hands on…..HE, unlike most of us, has a better knack of knowing when to get out.!…..others only hope to have just a little bit of that gift.

    I wish Mark the best in tackling this endeavor, I KNOW, without a doubt he will come out clean.

    Wayne in Miami

  17. I only know Mark through the media and Brian through the blogosphere. In the same way, I only know each of those that left comments above by what they wrote.

    Frankly I am appalled by the willingness to believe the media reports without the slightest desire to check the facts.

    What are the facts? Don't know yet. Perhaps Mark traded on insider information. He flatly denies the allegation on his website. If he did something wrong, the Martha Stewart case suggests that Mark will be caught. If he did not do anything wrong, there are hundreds of cases that suggest his reputation will be tarnished without need.

    Why the need to make conclusive decisions now? Let's wait for the facts to be fully aired. We don't know if there even is a duck. This is classic media assassination. Guilty until proven innocent. Guilty after acquittal "because he had good lawyers."

    I prefer innocent until proven guilty.

  18. Hi Brian! I admire you and your family for all that you do. A successful, honest, classy, highly intellegent, patriotic person would not subject themselves to this.

  19. You don't need good luck, Brian. Nor does your brother. Whatever will happen will happen. A year from now who will remember this? You'll still be the people you are and if you know each other to be decent people then don't worry about it. When you do, you're the only one losing sleep. Everyone else forgot about it while they were reading about the next smear. Keep your family and friends close to you for support and everything else will work itself out, probably pretty well so long as you keep your ducks in a row.

  20. I want more than anything for him to get a fair trial. That excludes any media treatment at all, so good luck with that.

  21. Brian, how could the Sales Rep from Merriam disclose none public information to Mark? Wouldn't Mark
    correctly assume that the information is no longer confidential when the Broker is discussing it with
    outside parties. Was Mark a board member or officer of

    Just a thought.

    1. Assumption is not legal element of any type of agreement to my knowledge. As to your last question-no to both. Thanks for commenting!

      Sent from my iPhone

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