Mark Cuban Accuses Plaintiffs Suing Him of ‘Forum Shopping and Gamesmanship’

Dallas Mavericks and owner Mark Cuban have asked the court to move the Voyager-related suit to the Northern District of Texas


Source: Shutterstock / Joe Seer, modified by Blockworks


“Shark Tank” investor Mark Cuban filed a motion arguing the Voyager class-action lawsuit in which he was accused of promoting a “Ponzi scheme” should be moved from Florida to Texas.

The transfer of venue declarations were made by Sigmund Wissner-Gross, a partner at Brown Rudnick and counsel to Cuban and his team, along with Mavericks employee Ryan Mackey.

A court filing released Tuesday doesn’t include the full details regarding their intent to move the case, as Cuban and the Mavericks have asked the court to file their motion under seal, a procedure allowing the defendants to keep contents hidden so that the information in them doesn’t become public record.

Confidential information, such as the plaintiffs’ Voyager account information, their addresses and the last four digits of their social security numbers, were redacted in the filings.

Wissner-Gross’ declaration also included excerpts from Voyager’s agreement with Dallas Basketball, which they want to be kept private because of a confidentiality clause that prohibits its public distribution.

Voyager investors put forward allegations against Cuban and CEO Steve Ehrlich last year, saying they personally reached out to potential customers to convince them into putting money into the “deceptive platform.” His NBA team, the Dallas Mavericks, was also named as a defendant in the suit. 

They “went to great lengths to use their experience as investors to dupe millions of Americans into investing,” the complaint said.

Cuban has now said that the investor plaintiffs engaged in “transparent forum shopping and gamesmanship,” according to Law360.

Blockworks has reached out to Cuban and attorney Wissner-Gross for comment.

Cuban is scheduled to be deposed as part of the lawsuit on Feb. 2 in Dallas, Texas. Mackey and Kyle Tapply, team executives for corporate partnerships at the Mavericks, are also set to be deposed before Feb. 23.

Voyager filed for bankruptcy in July after suffering massive losses from its exposure to crypto hedge fund Three Arrows Capital, with Sam Bankman-Fried’s Alameda Research listed as its biggest creditor.

Start your day with top crypto insights from David Canellis and Katherine Ross. Subscribe to the Empire newsletter.

Explore the growing intersection between crypto, macroeconomics, policy and finance with Ben Strack, Casey Wagner and Felix Jauvin. Subscribe to the On the Margin newsletter.

The Lightspeed newsletter is all things Solana, in your inbox, every day. Subscribe to daily Solana news from Jack Kubinec and Jeff Albus.


Upcoming Events

Salt Lake City, UT

MON - TUES, OCT. 7 - 8, 2023

Blockworks and Bankless in collaboration with buidlbox are excited to announce the second installment of the Permissionless Hackathon – taking place October 7-8 in Salt Lake City, Utah. We’ve partnered with buidlbox to bring together the brightest minds in crypto for […]

Salt Lake City, UT

WED - FRI, OCTOBER 9 - 11, 2024

Pack your bags, anon — we’re heading west! Join us in the beautiful Salt Lake City for the third installment of Permissionless. Come for the alpha, stay for the fresh air. Permissionless III promises unforgettable panels, killer networking opportunities, and mountains […]

recent research

Unlocked by Template.png


With the spot ETH ETF approval, the institutions are coming. stETH - given its dominance in marketshare, existing liquid market structures, and highly desirable properties - is poised for institutions.


The QT taper begins this month…but what does that mean for markets?


Plus, the rise of RWAs could bring about a significant shift in how real-world investments are managed and accessed


The distributed cell plan provider started selling its own hotspots in October 2023


The Brazil-based asset manager’s filing comes during a year of milestone bitcoin and ether fund approvals


The purchase of five sites in Georgia set to help CleanSpark hit its mid-year operating hash rate target of 20 EH/s


Plus, it’s beginning to look like we may be in for a cruel summer