A seven year-old accusation against Dallas Mavericks owner Mark Cuban is making its way around the press again. This comes after the publication of a recent Sports Illustrated piece detailing years of poorly handled sexual harassment allegations and “toxic behavior” inside the organization.
June 8, 2011
Cuban: Why? What’s the situation?
McGuire: Well, there’s a gal who is alleging that you did some inappropriate touching while at that club.
Cuban: Are you serious?
McGuire: Unfortunately, yeah.
Cuban: I mean the bar was packed. There were people around us the whole time. How could I inappropriately touch anybody?
McGuire: Well, that’s the allegation. I take it…
Cuban: There were people taking pictures left and right.
McGuire: Do you have any recollection of any of those particular instances taking pictures with anybody?
Cuban: No. I mean, I take pictures all night long. Look, there was a bunch of, there were multiple athletes there. There were a bunch of players there.
Cuban: Look, I’m, I’m, I’m not gonna sit here, I, how did she say I touched her? Look, people, people hug me. People grab me. People grab onto me all the time.
McGuire: Right. The allegation is that she came up to you to get some pictures taken and while sort of doing [an] arm around each other picture-taking thing, you stuck your hand down the back of her pants and inserted your finger into her vagina.
Cuban: Oh! Hell no! You don’t think a hundred people would’ve noticed?
McGuire: Entirely possible. But I suppose it’s entirely possible, depending on how crowded it was and how many people were around, that no one would notice…
Cuban: How would I get, I mean, she wouldn’t say something right there and then and smack the shit out of me? And while we’re…oh hell no. [laughs] Are you kidding me?
McGuire: Do you know how much you had to drink that night?
Cuban: Yeah, I mean, I wasn’t sloshed but I wasn’t sober either.
Cuban: But, I mean, but I remember the night. It’s not like I don’t remember anything.
McGuire: So, but there’s not, it’s not a situation where you could’ve done something that you aren’t aware of?
Cuban: I can’t imagine. Not like that, ’cause that’s not my nature. No way, and if I was drunk, I wouldn’t have been, you know, had the ambidexterity or whatever you call it to do it. [laughs] I don’t even know how you’d pull that off in the first place. You know?
McGuire: Is there anyone that you can think of that may have been around you that I should talk to who…
Cuban: What are they gonna say? I mean, no, I mean, I can bring you…oh man! Did she do this to try to get money?
McGuire: I have seven cellphone pictures.
Cuban: And where are my hands in here? There were probably on her shoulder, right?
McGuire: Well, there are two pictures. I will tell that you can’t see your hands in any of them. Frankly, the cellphone picture quality is not good enough to do that. There are two pictures that do appear to have your shoulder dipping and your arm sort of, if you follow the direction of it, down below her waist.
Cuban: But there’s no way that anybody is ever going to say or know. It would’ve happened right then if they would’ve seen or known something. They would’ve stood up. I mean, anybody can make this shit up.
McGuire: That is also true. I will certainly concede that. And then once I’ve conducted as thorough an investigation as I can, our district attorney would look at it and make a decision if they thought there was enough evidence for a prosecution.
Cuban: And what’s your gut feel?
McGuire: At this point, I can’t tell you that. And I can’t really ethically tell you that anyway.
Cuban: Oh that’s fine. That’s fine. That’s fine. That’s fine. That’s fine. She said I stuck my finger up her crack or crotch?
Cuban: Unbelievable. Unbelievable. I’m damned if I do and damned if I don’t. I’m just gonna be like a pariah no matter what. Oh Lord. Why did this shit happen? Do you have any advice, any suggestions, Detective?
McGuire: I don’t. Um, you know my advice for folks in these situations obviously always is, if nothing happened then to be…
Cuban: Right. Nothing happened, but when you’re high profile, it doesn’t, it’s never just about nothing happening.
McGuire: Absolutely. And unfortunately it’s not really my place to offer that sort of advice. What my role is to try and get as near to the truth as I can. And…
McGuire: Do you have any, well, any questions that I can answer at this point?
Cuban: I don’t know. I don’t know what to answer. I mean, I mean, OK, it’s like, “Oh he just did it one time, only one time. Just happened to be this girl.” There’s no way to know one way or the other.
Cuban: I mean, wouldn’t she have said something to somebody?
McGuire: Well, according to her, she did. According to her, she immediately told her friends she was with, her boyfriend, and then basically that started a whole several-day argument as to what they should do about it. Before they actually decided to talk to us.
Cuban: There’s just no way. There’s just no way. Just no way. If she told five friends right there and then, then that’s what they’re gonna tell the judge and I’m gonna be fucked. Oh my God.
McGuire: My plan is to be getting back in touch with you within a week. So probably early next week. And at any point, you have my number and my email. You can…
McGuire: …get in touch with me.
Cuban: I’m just fucked.
McGuire: So, and then at that point, if you are interested in sitting down and chatting, we can arrange…
Cuban: I’m happy to do whatever it takes. I just, how can I prove a negative?
After this call, Cuban hired Stephen Houze, a Portland defensive attorney, to represent him. Houze stated:
“These allegations are thoroughly investigated by the Multnomah County District’s Attorney’s Office and the Portland Police Bureau. ccording to the detailed prosecution decline memo, investigators interviewed the complainant’s boyfriend and female friend, as well as employees and patrons of the bar, and other persons with Mr. Cuban and no one observed any inappropriate behavior by Mr. Cuban…. This incident never happened and her accusations are false.”