<![CDATA[Gawker: valleywag, overstock.com]]> http://tags.gawker.com/assets/base/img/thumbs140x140/gawker.com.png <![CDATA[Gawker: valleywag, overstock.com]]> http://gawker.com/tag/valleywag/overstockcom http://gawker.com/tag/valleywag/overstockcom <![CDATA[Overstock.com chief lying about company's finances since 2001]]> When Patrick Byrne, the CEO of Overstock.com, isn't issuing paranoid rants about "naked shorts" ruining Wall Street, or admitting that his online store's buggy software has been producing false financial reports, he keeps busy lying to journalists. Including yours truly. Back in 2002, I interviewed Byrne for Business 2.0 magazine, a tipster recently reminded me. Here was the exchange:

Are you profitable?
Byrne: Yes, that's real GAAP profit, not Amazon-bullshit-accounting profit.

In fact, it was neither. Overstock.com was then a private company, but it later revealed, when it filed for an IPO, that it had lost $13.8 million in 2001. With the latest financial restatements, it's been revealed that the company has never made an annual profit since its inception. And yet Byrne would rather blame a conspiracy of rogue traders for his company's woes.

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<![CDATA[Wacky Overstock.com chief presides over massive financial deception]]> For years, Overstock.com CEO Patrick Byrne has maintained a loony crusade against Wall Street traders, claiming there was a conspiracy to sell his company's stock short. (He may well have been onto something — but then again, a stopped clock is right twice a day.) CIO reveals a far more serious problem affecting Overstock's financials: A botched installation of Oracle software which has led to the restatement of five years' worth of earnings. In 2005, Byrne apologized to shareholders for a $14.2 million quarterly loss related to the troubled installation. Today's restatement suggests he was too busy chasing naked shorts to actually fix the problem. Why didn't he just blame it on the software all along?

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<![CDATA[Wacky Overstock.com CEO vindicated by SEC, not Wikipedia]]> Patrick Byrne, the CEO of Overstock.com, has popularized the notion that "naked shorts" are ruining Wall Street. In the process, though, he also popularized the notion that he was a paranoid nutjob — a reputation that he's hardly shed since the SEC issued new regulations governing the shady stock-trading practice. Byrne may have won the battle on Capitol Hill, but he has yet to win the thoroughly bureaucratic, endlessly argumentative hearts and minds of Jimmy Wales's Wikipedia.

A refresher on naked shorts: In a regular short sale, a trader borrows shares and sells them, profiting if the stock drops in price; a "naked" short skips the step of borrowing shares. How can you sell something you don't own? A loophole in stock-trading rules that gives traders three days to settle up. "Naked shorts" is also possibly the most hilariously homoerotic term for a trading scheme yet invented.

Byrne loudly insists that investigative reporter Gary Weiss, formerly of BusinessWeek, edited the Wikipedia entry on naked shorting. Asked by The Register, a U.K. tech publication, Weiss denied this charge. Byrne's undocumented conspiracy theories have won him few friends on Wikipedia, where editors punctiliously insist on mainstream-media verification of all charges, unless an unproved assertion happens to suit their agendas.

And that's where Jimmy Wales comes in. One has to think Wales, a former stock trader himself — though not a very successful one — has got his former colleagues' back. Wales has not visibly weighed into the Byrne argument. But he rarely does so publicly, preferring to use private mailing lists to direct Wikipedia editors, as he did when his then-girlfriend Rachel Marsden prevailed on him to brighten up her entry.

So, Patrick, there's your solution: Stop whining on Wikipedia about how ill-treated you are. It's become clear that the only way to get a speedy revision to your WIkipedia entry is a personal appeal to Wales himself.

So ring up Jimmy directly. Tell him how much you admire the cheerful cynicism behind his supposedly altruistic work. Brush up on your Ayn Rand quotes. Offer a "donation." Or how about a very graphic, in-person demonstration of "naked shorts," if that's what it takes? Just remember: Wikipedia isn't about the sum of all human knowledge. It's about what humanity can do for Jimmy.

(Photo by markjhandel, photoillustration by Jackson West)

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<![CDATA[Overstock.com nixes New York affiliates to frustrate taxman]]> OverstockLetterSmall.jpgNew York's state legislature passed a law that will require Internet vendors with any business ties to the state to collect sales tax. The law is so sweeping that it includes nonphysical ties, such as affiliate-marketing programs, which pay a slice of sales to websites which refer customers to an online store. Amazon.com responded with a lawsuit. Now Overstock.com says it's cutting loose its 3,400 affiliates in New York. The idea is to show "the New York governor and legislature that this is bad for New York businesses," Overstock VP Jonathan Johnson told the New York Times. "There are affiliates in New York who will see their business go away because of a not-so-thoughtful action by the New York State legislature." Amazon will keep its affiliates and begin paying sales tax June 1. New York hoped to increase its tax revenues by $50 million with the measure. Overstock's letter to affiliates is included below:

Overstock-NY-Affiliates - Upload a doc
Read this doc on Scribd: Overstock-NY-Affiliates

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<![CDATA[Advertisers threatened Facebook — and one acted]]> MoveOn.org, the activist group, takes credit for Facebook revising its privacy policy. The company itself says it was just listening to user feedback. But you know better: Money talks. The New York Times reports that prior to Facebook's announcement last night, at least one advertiser, Overstock.com, told Zuckerberg & Co. it would discontinue its participation in Facebook's Beacon ads until it became an opt-in-only program, where users have to actively consent to have their purchases broadcasted to friends on the social network. It's not clear if Facebook's latest changes have appeased the online retailer.

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<![CDATA[Overstock.com usually charges $2.95 per order...]]> Overstock.com usually charges $2.95 per order for shipping. However, when they drop the shipping price to $1, the average order size skyrockets. Why does saving two dollars on a $400 bookcase make people more likely to buy? Everyone loves a bargain, while no one loves math. [NYT]

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<![CDATA[When executives don fake identities]]> Whole Foods Market CEO John Mackey is not the only person using a fictional identity online to fluff his ego and advance his business aims. The New York Times refers to the practice as sock-puppeting , "the act of creating a fake online identity to praise, defend or create the illusion of support for one's self, allies or company." It provides several examples of executives, writers, politicos, and bloggers whose alter egos ultimately caught up with them. Most notable is conspiracy theorist and CEO of Overstock.com, Patrick M. Byrne.


Byrne, not shy to open his mouth, often uses the handle "Hannibal" (which he apparently wants everyone to know is a reference to the historic general who failed to conquer Rome rather than the fictional cannibal) to post at Overstock.com's Investor Village and other discussion boards. The CEO claims "he never hides his true identity and always signs his name when he posts under his online handle," but Gary Weiss observes that Byrne does not always make his true identity transparent.

Paul Kedrosky, who we enjoy and link to often, tells the Times he thinks the practice is widespread:

'I'm convinced it's broader than anybody knows," he said, "I'm convinced this is the tip of the iceberg.' Mr. Kedrosky said that one chief executive recently told him that he almost had to 'chew off my right arm to keep from participating' in an online forum. He declined to name the company but said, 'It's a hard temptation to walk away from.'

Unlike his CEO pal, Kedrosky is man enough to jump in the comments under his own name when the temptation to respond online is too great to resist. I, myself, have to admit to making the mistake of using a false identity. But not everyone is gutsy enough to admit it. So, readers, do you know of, or suspect, any executives or bloggers who are secretly posting online under a false identity? If so, send them in.

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