Article: Innovation Mandate: Patrick Byrne Lays It On The Line

Article - Media, Publications

Innovation Mandate: Patrick Byrne Lays It On The Line

Doug Henschen, 10 December 2010

Online discount retailer Overstock.com is recognized as a world-class technology organization. Using advanced information management technology, for instance, it can roll up its profit-and-loss position in two hours, giving executives accurate, up-to-date insight for fast decision-making. Continue reading “Article: Innovation Mandate: Patrick Byrne Lays It On The Line”

Article: Naked Shorting Will Cause U.S. Exchange Exodus

Article - Media

Naked Shorting Will Cause U.S. Exchange Exodus

Bud Burrell

Financial Wire, 5 August 2010

This week, an important online news service released an article that should send shockwaves into our public markets. In very curt form, the article chronicles the many abuses of U.S. public companies by short selling manipulators, particularly through naked short selling and regular and derivative based synthetic shorting. By implication, the article recites the sheer embarrassing ineffectiveness of our regulators, who are engaged in a pattern of systematic conflicts of interest with revolving doors that are a major disgrace to our own government.

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Filing: CMKM Diamonds Lawsuit Against the SEC

Filing

These Defendants, acting in the course and scope of their employment by the United States of America as duly authorized Commissioners of the Securities and Exchange Commission, a federal agency, through their acts and omissions knowingly, consciously, wrongly, without compensation and without due process of law have effected a taking of property from each of the named Plaintiffs and all who are similarly situated.

PDF (18 Pages): CMKM Lawsuit Against the SEC 9 January 2010

Article: Meet The Sith Lords: The 20 People Alleged To Be Part Of A Shadowy Short-Selling Conspiracy

Article - Media

Meet The Sith Lords: The 20 People Alleged To Be Part Of A Shadowy Short-Selling Conspiracy

Kamelia Angelova

Business Insider, 18 December 2009

Last week, a list of journalists appeared on the internet, along with every single one of their Facebook friends.

The list, which included John Carney, Henry Blodget, and Joe Weisenthal, was assembled by the folks at Deepcapture.com, anti-naked short selling site affiliated with Overstock.com CEO Patrick Byrne.

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Article: Overstock’s Byrne claims $5m scalp over short selling

Article - Media, Publications

Overstock’s Byrne claims $5m scalp over short selling

Cade Metz, 09 December 2009

Overstock.com CEO Patrick Byrne has said that hedge fund Copper River Partners paid his company $5m this afternoon to settle claims it colluded to denigrate Overstock and then profit from short positions in the retailer’s shares.

Byrne – who has waged a very public battle over Wall Street short selling – tells The Reg that the $5m payment from Copper River (formerly Rocker Partners) arrived at about 2:30pm Pacific time on Tuesday. According to Byrne, it settles a 2005 lawsuit Overstock filed against the hedge fund. Continue reading “Article: Overstock’s Byrne claims $5m scalp over short selling”

Web: Patrick Byrne, Facing Dilemma, Lashes Out at Penson Financial

Web

Patrick Byrne, Facing Dilemma, Lashes Out at Penson Financial

Gary Weiss

gary-weiss.com, 9 October 2009

Sam Antar today describes the serious dilemma facing Patrick Byrne, the wacky CEO of Overstock.com. Thanks to an SEC investigation instigated by Sam, who has posted frequently about how Overstock has systematically inflated its financial statements, Byrne is caught between the proverbial rock and a hard place.

He has to either restate Overstock’s recent earnings–including a much-ballyhooed “profit” in the fourth quarter that was actually a loss–or wait until the SEC forces him to do so.

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Web: Byrne: SEC Enforcement Division Takes Orders From Short-Sellers

Web

Byrne: SEC Enforcement Division Takes Orders From Short-Sellers

Gary Weiss

gary-weiss.com, 19 September 2009

Patrick Byrne has a new conspiracy theory to explain why his corporate crime petri dish Overstock.com is under investigation by the SEC. Seems that short sellers, in addition to having a fax machine at CNBC, also have a hotline to the SEC, in which they bark out orders to start investigations against innocent CEOs like Byrne.

Byrne made that comment on Fox Business News, where he is trotted out as an “internet retailing expert,” no doubt because of the skill at which he has eased Overstock into negative shareholder equity. He was brought out this time for a ritual denunciation of new bank compensation rules.

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Article: How Dendreon Is Proving Short Sellers Wrong

Article - Media

How Dendreon Is Proving Short Sellers Wrong

Gary Weiss

Seeking Alpha, 18 August 2009

In other words, Dendreon is not like the third-rate Internet retailer Overstock.com (NASDAQ:OSTK), whose wack-a-doo CEO Patrick Byrne has been weaving wild conspiracy theories over naked short selling for years, ever since it dawned on him that he simply does not know how to run a company. His talents, to the extent he has any, lie elsewhere (standup comedy?), but he has never eked out a profit for his company. His recent announcement of tiny fourth quarter profits was achieved by accounting gimmickry.

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Article: Goodbye to Naked Shorting

Article - Media

Goodbye to Naked Shorting

Floyd Norris

The New York Times, 30 April 2009

Naked short-selling.

In some circles, those are fighting words. There are companies that blame all their problems on that kind of trading, which is illegal if it is intended to manipulate the market. There are claims that it has destroyed thousands of public companies, although those making the claims have trouble naming any such companies.

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Article: In Pursuit of the Naked Short by Alexis Stokes

Article - Academic

In Pursuit of the Naked Short

Alexis Stokes, Texas State University

Journal of Law and Business 5/1 (Spring 2009)

This article explores the origins of naked short-selling litigation; considers
the failures of significant naked short-selling lawsuits in federal court;
surveys the obstacles erected collectively by constitutional standing requirements, the Federal Rules of Civil Procedure, the Private Securities Litigation Reform Act, brokerage firms, death spiral financiers, and the Depository Trust and Clearing Corporation; examines the efficacy of Regulation SHO, SEC rule 10b-21, and new FINRA rules; discusses recent state legislation and state court litigation; and identifies non-litigation options to curb naked short-selling. Ultimately, this article seeks to answer the question: If manipulative naked short-selling is more than a mythological scapegoat for
small cap failure, what remedies are, or should be, available?

PDF (62 Pages): Article In Pursuit of the Naked Short

Article: Strange Occurrences, and a Story about Naked Short Selling

Article - Media

Strange Occurrences, and a Story about Naked Short Selling

27 January 2009

Mark Mitchell

DeepCapture, 27 January 2009

Evidence suggests that Bernard Madoff, the “prominent” Wall Street operator and former chairman of the NASDAQ stock market, had ties to the Russian Mafia, Moscow-based oligarchs, and the Genovese organized crime family.

And, as reported by Deep Capture and Reuters, Madoff did not just orchestrate a $50 billion Ponzi scheme. He was also the principal architect of SEC rules that made it easier for “naked” short sellers to manufacture phantom stock and destroy public companies – a factor in the near total collapse of the American financial system.

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Article: Gary Weiss, Psychopath & Scaramouch

Article - Academic

Gary Weiss, Psychopath & Scaramouch

Patrick Byrne

Portfolio Magazine cited by DeepCapture, 31 December 2008

For over 10 years Gary Weiss (once a reporter with BusinessWeek, and recently, a columnist with Forbes) has been posting under fake names to confuse, distort, and hijack Usenet groups, stock message boards, and Wikipedia, using social media to prevent the public from understanding criminal activity.

I now turn to Gary Weiss. Last year one of the most prominent journalists on Wall Street warned me, “I’ve known Weiss for years. Be careful. He’s a psychopath.” As you will see, he was neither joking nor exaggerating. I think, however, that Gary is better described as a “Scaramouch.”

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Article: The DTCC’s CNS naked short selling residue

Article - Media

The DTCC’s CNS naked short selling residue

Patrick Byrne

DeepCapture, 1 December 2008

In a previous post I named various places where unsettled trades can accumulate: in the desks of brokers, in pre-netting among brokers, in the Continuous Net Settlement (CNS) system, in the Stock Borrow Program (SBP), through ex-clearing, and in delivery mechanisms from offshore exchanges. For all I know, these represent just a subset of the cracks in the system. The great unanswered question is, How much financial toxic waste has naked short selling and its various equivalents left scattered throughout these cracks?

The answer is: I don’t know, and I think no one knows. I suspect no one agent has the full picture of what is going on across all of these cracks. In fact, I suspect some of these cracks are so obscure no one has a clear picture of what is going on in them individually, let alone collectively.

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Article: Overstock and Patrick Byrne Continue Naked Short Selling Jihad

Article - Media, Publications

Overstock and Patrick Byrne Continue Naked Short Selling Jihad

Thomas J. Catino, 08 November 2008

Overstock.com (Nasdaq: OSTK) President, Dr. Patrick Byrne, has continued to up the ante in his vocal public battle against a coordinated campaign of short sellers who have allegedly targeted his company’s shares. After appearing over the summer on a CNBC Street Signs segment with anchor Ron Insana, Byrne continued to emphasize that “what’s at stake here is innovation and entrepreneurship in America.” With strong words, Byrne said that his “company has been attacked and I’m not going to take this lying down.” Continue reading “Article: Overstock and Patrick Byrne Continue Naked Short Selling Jihad”

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