Thursday, October 17, 2013 6:59:35 AM
I prefer reality.
80% win rate.
The truth and reality is 'cost of trial' is not a factor to determine innocence.
When SEC case are taken to trial ( meaning there are many instances of defendants willing to spend the money to fight the cases just like Cuban )....the SEC is successful about 80% of the time. Cuban falls into the 20% where the SEC has lost.
With those odds even if Bordynuik had fought the case like he originally said he was going to..... he only had a 1 in 5 chance of being found innocent.
So the true facts are when the SEC actually gets to present its case to a jury and a Judge it wins nearly all the time. Bordynuiks legal representation surely gave him these odds of ever winning by taking it to trial and it is far easier to believe this is why he chose to settle.
Besides the case being brought by the SEC there is not one thing similar in either case.
There are far and away more things dissimilar about the Cuban case vs. Bordynuik fraud case.
Different charges,different set of facts, different venues, different Judges, lawyers, prosecutors, etc.
...yet because Cuban managed to win his singular action in his hometown against the SEC this is now the rallying cry of why Bordy was somehow unjustly persecuted by the SEC ?
Good grief. When someone offers to sell me swampland , or the Brooklyn Bridge, it is easy to see right through it when actually looking at all the facts.
80% win rate.
The truth and reality is 'cost of trial' is not a factor to determine innocence.
When SEC case are taken to trial ( meaning there are many instances of defendants willing to spend the money to fight the cases just like Cuban )....the SEC is successful about 80% of the time. Cuban falls into the 20% where the SEC has lost.
With those odds even if Bordynuik had fought the case like he originally said he was going to..... he only had a 1 in 5 chance of being found innocent.
So the true facts are when the SEC actually gets to present its case to a jury and a Judge it wins nearly all the time. Bordynuiks legal representation surely gave him these odds of ever winning by taking it to trial and it is far easier to believe this is why he chose to settle.
Besides the case being brought by the SEC there is not one thing similar in either case.
There are far and away more things dissimilar about the Cuban case vs. Bordynuik fraud case.
Different charges,different set of facts, different venues, different Judges, lawyers, prosecutors, etc.
...yet because Cuban managed to win his singular action in his hometown against the SEC this is now the rallying cry of why Bordy was somehow unjustly persecuted by the SEC ?
Good grief. When someone offers to sell me swampland , or the Brooklyn Bridge, it is easy to see right through it when actually looking at all the facts.



