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Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street

Location: Blogs Bob O'Brien's Sanity Check Blog    
Posted by:   bobo 1/12/2006 2:30 PM

(Later Note - Dr. Byrne wrote a letter to Tim thanking him for his courteous interaction with his staff, as well as the assurance of fair and unbiased treatment...)

(NOTE - Since this was written, the Roddy Boyd email exchange was posted - I think the wording in that brief inquiry speaks for itself...)

It's not often that I find myself at a loss for words, but when I first read Mr. Timothy Mullaney’s set of questions addressed to Dr. Patrick Byrne, I was literally speechless.

Rarely do I see pure, undisguised venom directed at a CEO by a reporter, as clearly as these “questions” do – equally rarely do I see as many “when did you start beating your wife” type of interrogatives on one page – it is truly a virtuoso performance, but of a sort that is wildly unexpected, coming from the representative of a major financial periodical.

I have long maintained that there is a cadre of “financial journalists” beholden to the miscreant elements on Wall Street, chartered with attacking whoever is critical of those elements, or whichever company/person is the target du jour. Reading the questions, one can easily see how I arrive at that conclusion – it is absolutely, IMO, a shocking display of viciousness, with a naked agenda manifest in every statement and word.

In order to help you, dear reader, understand why this represents the sort of “reporting” that those critical of Wall Street are treated to on a regular basis, I have excerpted some of the questions, and will do a quick run-through of my observations, along with my responses. Some are intended to be humorous. Others aren’t, yet may be funny in spite of themselves. Dunno.

So here it goes, sequentially, through the email:

First, note that many of the questions are actually statements of a viewpoint (Byrne is a rat bastard, the company is a scam of some sort, the people working there are unqualified, he’s a marginally functional kook, etc.) followed by an interrogative, a la, “given that you are likely a child molester, do you think that it is wise to allow you to watch your nephews when the rest of the adults are out of the house?” Many of the questions make a declarative statement that is representative of an erroneous assumption, and then follow it with a ludicrous inquisition that is almost impossible to answer with a straight face. To whit –

“First topic: What went wrong in 2005?”

First problem - note that this assumes that something went wrong in 2005.

Now, I'm not privy to the numbers that OSTK is going to post, but given that Byrne has publicly stated that they expect between 60-100% top line growth per year (some years closer to 100%, some closer to 60%), and given that none of us know where they will come in, how can ANYONE assume at this point, with a straight face, that something “went wrong”? Wouldn’t it make more sense to wait until you actually knew the numbers before you made declarative assumptions? I guess that's the old fashioned way of doing things. I was curious, though, how he knew what he took for granted as being true. I mean, the year isn’t in yet, is it? Did I miss the memo? The press release where we know how the year went? Yes? No?

Keep in mind through all of this that any requests for forward-looking statements are a setup, and would violate SEC rules.

In the first section, he peppers his questions with assumptions about the first and second quarter, demanding to know who was to "blame" and how the company handles its internal affairs (which I won’t cover as the whole thing bores me to the point of narcolepsy), and then he moves on to the third quarter, when the IT implementation was an issue. That has been parsed and explained and de-constructed by countless analysts, bloggers and observers, and yet we are treated to a host of repetitive questions, some of which may in fact be legitimate, but many of which are, well, inappropriate, plain intrusive, and mean. For example:

Where was Shawn Schwegman during this period? During the extended leave Patrick has described on The Motley Fool, who was standing in for the CIO? With regard to the account of Shawn having sold stock to buy a home immediately upon his return, some questions. A. Who was the woman? B. Did they get married? C. Are they still together? D. Can we review the timing of exactly when he sold the shares, and from where he contacted his broker? “

And so on – is Sean qualified, is he still on leave, when did he go on leave, etc. - everything but what Scott’s address is, and how he decorated his rumpus room - Country? Colonial? Urban moderne?

Last time I checked, the personal relationships of employees of a company are none of the press’ GD business. Whether Shawn wishes to have conjugal relations with an ewe, or has twin midget strippers hanging out at his place, or has a gay marriage to a basketball player, is kind of none of the reporter’s business, and has nothing to do with OSTK.

Ditto for the sale of stock – it is his to sell, unrestricted, to buy a house, to buy porn, to buy fast cars, to blow at the tables in Vegas, to give to orphans. His to do with as he pleases. Shawn isn’t an elected official accused of touchy touchy with his teen-aged intern. He is an employee of the company, who has a personal life, a brokerage account, and his own financial issues, which are his business, not the reporter’s - unless Businessweek is going to start being the, “Are Jennifer and Brad done for good?” publication about employees of public companies. Which may be an improvement, but that is another story…

Then there is more blah blah blah about the CIO role, when he left, what his status is, etc.

You can imagine Byrne's mental response reading this tripe:

“Golly, Timmy me boy, we have a trained ferret named David running IT now, and we put little tasty balls of gruel on the keys of the systems, and he runs about and makes algorithmic selections based upon appetite, and presumably both sensory and visual appeal of said chunks of best-unmentioned-in-any-more-detail food-like weasel treats. BTW, he just happened to be named David, it wasn’t an anti-Semitic slight, nor a slam at weasels by implying that they are on the same level as hedge fund managers, or anything…”

I digress.

Tim then asks for what is essentially inside information, a la, “Tell us, what will the company’s announced financials be?”

I’m serious.

“Well, Tim, here's a draft copy of what we are going to file with the SEC, but please don’t tell anyone we told you, ‘hmmm ‘kay? Promise? Pretty please? Because that would be kind of illegal and stuff, you know? But since it’s you, and you are such a swell fellah, well, here it is.”

Tim then continues to ask for what are essentially forward looking statements and more inside information:

“Everyone knows online retailers are strongly cash-flow positive in 4Q, and then pay bills in January. This is not exclusive at all to OSTK. What will be the cash position at 3/31/06, when the short-term exaggeration of cash flow has been flushed out?

How is your liquidity? Can you describe the Asian-currency instrument that is tying up the $70 million-plus, or direct me to the correct pages in your SEC filings that describe this instrument and when it matures? Preferably, do both. There have also been some fluctuations in the interest rate and terms of your Wells Fargo facility. Please explain, and do they indicate, taken together, that Overstock has become a stronger or a weaker credit?”

Everyone knows? Really?

I didn’t. But then I don't get out much.

I asked my paperboy, but he seemed uncertain, too. The lady at the dry cleaners seemed preoccupied with my change, but also seemed to draw a blank at this ubiquitous knowledge when pressed (no pun intended, really). So apparently everyone doesn’t know. But anyhow, enough of that – the best part is where he characterizes the positive cash flow that he presumes will be in Q4 as a short term exaggeration (isn’t life a short term exaggeration?) – discounting a huge positive – and then requests more inside info. Sorry, Tim, babe, no can on the forward statements do, ya know? Not only is Dr. Byrne not blessed with the gifts of clairvoyance and precognition, but if he was, he still isn’t allowed to tell you. Which you should know. Should. Everyone does...

We are then treated to more mundanities about the minutiae of the credit lines, debt, etc., before getting into the real slams. Try this one on for size:

"Seems as if marketing issues were a pretty consistent 2005 problem. Why? Some on the short side contend that the issue can be traced to having an underqualified executive running offline marketing. Without any reference to this person’s non-existent illicit past, why is someone whom Howard Lemcke describes as a former office manager for a small local business running such a critical function for a public company closing in on $1 billion in sales? "

Well, isn’t that special. First, we have a reference to not mentioning the illicit past of an executive, for whom no illicit past exists. Huh. Hey Tim. We will continue this without mentioning your non-frequenting of New Jersey Turnpike rest stop men’s rooms for illicit purposes, which we know that you don’t do, right? Anyone see how weird this gets in this section? Yes? No? Here’s how I would have responded:

“Let me explain how it works, Tim. We now leave most of the marketing to the hot dog guy and the car wash boy, as everyone knows that the folks that got us to a billion dollars probably aren’t qualified to get us to two, as that requires real entrepreneurs - which you wouldn’t know, given that being an attorney and a reporter don’t constitute actual business or operations experience…”

Anyone see the issue here? Tim cites short contentions about the person’s lack of qualifications, and ignores that the company has grown, in a highly competitive niche, at unheard of rates. If the marketing person is so unqualified, precisely how did they do so well for so long in this segment against “real professionals”? Just lucky? Good looks? Divine intervention?

Then more mundane blah blah about marketing dollars, and then another jaw dropper:

"Several analysts told me they did not know tech spending was going to rise so sharply in 05, though none accuses you of lying about it. Did you change your mind? When? When was 2005’s tech spend approved, and why didn’t sell-side analysts, several of whom work for firms that had banked for Overstock, know about it? And was it a tactical mistake, or anything worse, not to communicate that change in strategy or tactics once you decided on it?"

Huh? WTF? “Several analysts got their predictions wrong, and you, you lying piece of shit, misled them, although they wouldn’t say so” – isn’t that about what this says? Patrick, why didn’t you communicate your every day’s itinerary to these valuable folks, rather than running your company? How dare you. 

Does this not start sounding ugly by now? In a clearly malevolent way? Is that just me? He goes on to talk about how several analysts blame 2005 – you know, the WHOLE YEAR, for which we don’t know the numbers yet – on travel, jewelry, software, etc.

Tim. Little question here. Would those analysts be analysts that are being sued by the company for manipulation and frontrunning? Not saying they are, but, heck, now that we crossed the bridge, is “analysts” your euphemism for, “short sellers and their choagies who are badly short the stock and will say or do anything to drive the price down?” We sort of want to know. Seems like a fair question to me.

The dominant theme through this whole section can best be shortened to “Short sellers say X and Y and Z are reasons that the company is poorly run and you are a rat bastard and your growth to almost a billion in sales with negligible losses when Amazon had lost a couple billion by that point in their growth is meaningless because you are so bad and dumb and kooky and stinky and a liar and poorly groomed and…and….and…”

That actually about covers this chunk, other than another series of ugly questions about an employee’s “brush with the law”, which isn’t explained, nor is it articulated how that brush would be relevant to OSTK, or in fact what it is, and which again seems oddly incongruent with an impartial reporter’s honest inquiries into a company’s operations. Oh, and there is the stunning claim that Byrne “missed” some analyst’s “forecasts”, and the jawdropping question of whether, by missing this analyst’s forecasts, he shouldn’t really be fired.

Tim, honey, do you realize that analysts are outside parties with their noses pressed up against the glass, trying to figure out what is going on, and that because they come in too high or too low has nothing to do with anything other than the analyst’s belief system? Or put another way, we recently saw that analysts were routinely tools of investment banking arms, and had exactly zero credibility with anyone (for good reason) – why, precisely, should the largest individual shareholder and the guy that grew the company to almost a billion be fired (and by whom?) because some analyst got his numbers wrong and Byrne “missed” them – not Byrne’s numbers, but the analyst’s? And this remarkable bit of venom spraying concludes with a peppering of innuendo about who is running the company, implying that Patrick is incapable of doing so – based on nasty things that his competitors and short sellers say! Here’s the exchange:

"What does that say about management and control? Are you aware of any public company that has done that in recent years without management getting fired? Why shouldn’t you be fired, other than your ownership position in OSTK? Why has the board not insisted on better performance?

What was the purpose or meaning of the board changes? How much time is Jack Byrne spending at OSTK? Who reports to him? What are his functions as non-executive chairman of the board? Competitors suggest Jack is running the company’s day to day operations in tandem with Jason Lindsey. Please sort out who is doing what, and how much time Patrick is devoting to the Rocker litigation, the NCANS and related matters. Was Patrick, in essence, relieved of his CEO duties as some believe?"

Tim. Sweety. Some believe that Elvis visits them at night, and helps the aliens abduct them for experiments. Some believe that the world is flat, and that there was no holocaust. Some believe that no naked short selling or market manipulation exists on Wall Street, in spite of the last two hundred years of its history. There are many wild beliefs out there. Is it really appropriate to demand comment on every half-baked idiocy you encounter – I mean, where do you draw the line?

And since you asked, are you, Tim, familiar with any pure play competitors to Amazon that have grown to almost a billion dollars and only lost less than a hundred mil getting there? Any names pop up? No? Hmmm. If this sucks so badly, why aren't there examples of those that have done better?

Tim’s words speak for themselves, in my opinion, so further dissection of this section is beating a thoroughly dead horse.

The next section starts off in a reasonable tone, and then degrades into another attack session – requesting insight into blog rumors about LBO strategy, how they would fund that, etc. He then goes on to ask about some reinsurance firm, and sort of finishes off with a flourish, asking how Byrne is going to rebuild confidence with sell side analysts.

My imagined Byrne response would be:

“Well, Tim, while I would love to share my every strategic thought on how to run my company and what we may or may not do, I was thinking that we could eliminate the middle man and I could just send any interested hostile takeover raiders, my competitors, and the short sellers, a detailed power point presentation as to what we are considering, how we would fund it, and what probability curves you should assign to blog rumors and short seller gossip. Instead, after rolling breathlessly on the floor laughing, we elected to politely decline giving you any response to one of the silliest series of off-point, assumptive questions in recent memory. As to how to rebuild confidence with sell-side analysts, that implies that we have lost their confidence, or more precisely, that we ever had their confidence, which given their stance, is unlikely. I actually could care less what these scum-sucking parasites think, and have advised small investors to steer clear of the stock until it isn’t being illegally manipulated anymore, and the institutions that know me use the sell-side analyst statements when they run out of toilet paper, so I’m afraid I don’t really have a plan to do whatever you think I should – no offense to scum, scum suckers, or parasites intended…”

It's probably good that I don’t run a large, rapidly growing public company, huh?

 

THE REALLY GOOD STUFF

 The next section is where it really gets good. First, Tim runs through the short interest, and immediately garbles the company’s position on short sellers, the difference between illegal market manipulators and legal short sellers, and assertions the company has made:

"1.          Let’s review numbers. Overstock has 19 million shares outstanding. The float appears to be 10 million shares. According to Nasdaq, the short position is 7.1 million shares. Why does Overstock believe that it is necessary to violate securities laws to short the shares. Why is a short seller who says “19 million shares, 10 million float, 7 million short, what’s the problem?” incorrect? Are these numbers incorrect? I believe I recall reading an assertion by PMB, though offhand I do not recall where, that the company knew in detail who owned its shares, who was allowing their shares to be borrowed and who was not, and that the then-existing position was impossible. Please review what you know and whether I correctly remember this statement, and what basis you might have for making such an assertion.

2.          I’ll ask an open-ended question more generally…Why do you think shorts—and which ones – have violated Regulation SHO? Take all the time you need with this one; I want to understand your basis for this in detail, whether I end up devoting much space to it or just a little."

Tim. Follow along. OSTK never said that it is necessary to violate securities laws to short the shares. Byrne has said that he has no problem with legal short selling. He has a big problem with illegal market manipulation involving naked short selling, which is his big deal. His presentation focused on the impossibility that the shares trading in the marketplace are legitimately shorted given the numbers, and to test that, he and his dad and brother bought a ton of shares on different days through different brokers – NOT ONE OF WHICH WAS DELIVERED within a month of when they bought. That outcome was predicted by the hypothesis that none of the trading is legitimate shares, and after testing it multiple times, the hypothesis has considerable weight. It is noteworthy that no reporter has reported this. Not one. The CEO and Chairman buy hundreds of thousands of shares in the open market, not a single share is genuine/delivered per the rules, and there is COMPLETE SILENCE FROM THE FINANCIAL PRESS AND THE MEDIA.

Why do you think that is?

Tim then goes on to ask about the Byrnes' not being able to get their shares, and asking to be put in touch with folks that can confirm that – ignoring the email exchanges that have been posted as part of Bob O’Brien’s Sanity Check for a month. Which brings him to me, and the by now famous question - Who's Bob O'Brien?:

"4.      Who is Bob O’Brien? Is he really a penny-stock artist affiliated with Richard Mellon Scaife? Are you at all concerned that this association hurts Overstock’s reputation or credibility? Can you supply his contact information?"

The only person that has ever been dim enough to imply that I am a penny stock scammer affiliated with Mellon Scaife is an unbalanced message board clogger who couldn’t be mistaken for someone sane for a split second. It really speaks to Tim’s credibility (such as it is at this point) that he even gives this the time of day, but given his credulous parroting of other absurdities as though they are fact, it’s not surprising. He must have missed the NY Post’s repeated articles speculating that I am a Nevada businessman (then again, does anyone really know anyone that actually reads the Post?) I would have thought he would have caught that, though,  based on my NUMEROUS BLOGS on the topic and the FULL PAGE ARTICLES and such, and his deep intellectual interest, and all.

Perhaps my expectations are too high. Blame my mother.

I suppose that his tremendous investigative reporting acumen doesn’t extend to being able to find my email, either, which is cleverly hidden on both the NCANS.net website as well as the NFI-Info site, and the Sanity Check blog. Tut tut, it’s all a mystery wrapped in an inscrutable enigma – Tim, vato, yo, here it is: NCANS.mgr@gmail.com - write it down.

But wait, there is much more:

"6.      What is your basis for:

a.       Asserting on Bloomberg that “some of these officials are mobsters”? Please explain also the remark about a body being found on you.

b.       Asserting that 10 to 15 million shares of Overstock have been counterfeited? By whom? How do you know? Have you seen any forged certificates?

c.       Asserting that journalists accept assignments from short sellers?
d.       Asserting that Jim Cramer is an undisclosed investor in Rocker Partners?
e.       Asserting that “a master criminal from the 1980s” is coordinating an attack on Overstock? Is this Michael Milken? Why does Bob O’Brien appear to think so, judging from his postings?

f.         Saying that you are afraid of the Israeli mafia? Have you received any threats? If so, describe. (Note: I have seen an excerpt of PMB’s remarks, but have not yet listened to the CFR webcast.) Or is this a more general observation that society should fear crime? If so, how is it even remotely related to securities violations surrounding OSTK shares? Do you have any expectation that

g.          Asserting that Overstock would dominate the mid-priced diamond market? "

Where do I even begin?

First, everyone knows that Cramer met Rocker, the largest individual investor in Thestreet.com, and a former General Partner at the firm where he used to have office space, once, in a grocery store. He said so on OSTK’s Q3, 2004 CC. Second, are you really serious about the “reporters  accepting assignments from short sellers” question? I mean do you doubt it, or are you asking what proof he has? I’m sure many are wondering where you got the bright idea for this series of questions, for instance – I know am.

As to forged certificates, puhleeese, read this site for a while and you will learn all about the new way to counterfeit stock electronically – no need for bulky and inconvenient forged certificates. That is sooo 60’s.  As to asking Patrick why I think Milken is the master mind, that mis-states that I think he is, and assumes that Patrick knows why I think what he mis-states me as thinking. Again, the classic declarative fallacy technique we have seen throughout this masterpiece.

Then further absurdities about why PB fears the Israeli mafia – did he ever say that anywhere? I'm not a Byrne gadfly, and haven't committed his every utterance to memory, but that one escapes me. But let's say it was true - gee, Tim, the Israeli Mob is well known as closely linked to the Russian Mob, who are not particularly nice fellows - books have been written about it. Their fingerprints are all over the naked short selling game, from Dr. Dr.’s involvement in Sedona and Operation Bermuda Short, to the Elgindy case, to money laundering through Bank of New York – go read some Bud Burrell for more on that. Anyone that disputes that the mob has a presence on Wall Street should spend a little time at his blog, and with Google. Then again, if email addresses prominently displayed on web sites gives one trouble…

We then get some ancient history about Bethany brought up, when Patrick lost his temper with her in an email exchange. Yawn. Then we get some more leading questions about Patrick and NCANS…


"8.       How much time does PMB devote to NCANS, the litigation and related matters, including media appearances. He has acknowledged financially supporting NCANS; how much has he spent? Is it a distraction from work?

9.          May I have a phone number or e-mail address for Mr. O’Brien and for Mary, whose last name escapes me, from NCANS.

10.       There are not more questions about Gradient in part because I’ve read the filings posted on your site and understand your basis for those specific allegations.

11.        It appears from Bloomberg’s summaries of SEC filings that the top 35 holders own 99%+ of OSTK shares. If Bob O’Brien and NCANS believe so strongly that you have been wronged by the short side, have they bought any?"

Golly, I wonder if Patrick can do multiple things at one time? Or the team of six law firms might be doing the heavy lifting on the lawsuit? Or that NCANS, which is a website and grassroots shareholder organization with its own webmasters, manages to do so without his constant involvement? The money questions have been asked and answered in multiple interviews, which I presume he didn’t read, so I won't belabor those.

We are then treated to a second request for the easy to find contact info for me, and Mary, whose last name is also sneakily hidden in about every page of the court filing he claims to have read…. It ends with a request for information on the private holdings of NCANS members – Mary’s is known due to the LAWSUIT she is filing. Again, he missed that. As to my holdings, none of your business, Tim.

But now my favorites:


"Section IV. Just for the Record…
 

1.          How is PMB’s  health? In comparing old pictures of PMB to more recent ones, a senior BW editor – i.e. not me – noted what appeared to be a significant weight gain that occurred within the last two years. Is this correct? If so, is it a function of stress?

3.          Is PMB manic depressive? Has he ever sought care or diagnosis for any mental incapacity? Is he on any psychoactive medications of any kind? (I mean no offense, and this is no more intrusive than Pat’s own public discussion of whether he uses illegal drugs)."

Ha ha ha ha ha.

"Hey, is Patrick a fat f*ck because he is a junkie, an alcoholic, or mentally ill?"

Very subtle. No offense taken. How could the CEO of a publicly-traded company get the wrong idea by this tone or interrogative? I’m sure that Warren Buffett or Bill Gates get that one all the time. I know that the line of questioning is perfectly appropriate, and know that Patrick’s cover shot for GQ won’t be harmed by our discussing it. I'm sure Patrick would have written a personal email to you about it, but his 9 inch fingernails probably interfere with prolonged use of the keyboard, and it distracts him from maintaining his fetal position in the corner, where he is usually keening to himself or muttering, "twinkies, twinkies and milk, yum yum!"

All kidding aside, Tim, Patrick’s weight gain has an interesting, yet benign, explanation, which the readers will probably find fascinating:

1)     He is consuming quite a few calories as he prepares for his next big project, which is a self-produced film tribute to Jerry Lewis, for which he has already shot all the "skinny" scenes, in the spirit of Tom Hanks in “CastAway”.

2)     He is not burning as many calories as he consumes for the role.

Now, rumors have long circulated on blogs that Patrick is suiting up every evening in a clown costume, and terrorizing the children of SLC with his paint-fume huffing/tequila-and-Percocet-binge rampages down Main Street (and haven't we all been there at some time in our life?). I would like to take the opportunity to put that one to rest. It isn’t true. At least, I don’t think so. I also heard that Patrick is considering going into counseling for the mental anguish caused by dealing with pinheaded reporters and crooked hedge fund minions, and that further, it makes him kinda hungry, which he can only suppress by washing down Class IV pharmaceuticals with Glenfiddich, usually from a gay towel boy's sneaker at the bathouses. But I wouldn’t print that.

Because we are all only interested in the truth, right?

Here’s some more Tim:

"3.       Why is Jim Cramer referring e-mails from NCANS supporters to his lawyers? Has any counsel for Cramer contacted OSTK or PMB about pending or threatened defamation claims? E-mail trails I have read include Cramer asserting he may have a claim against OSTK or OSTK defenders at NCANS. Are these e-mails genuine? (I’m calling JJC as well).

4.       Mark Cuban, asked in jest if he would trade PMB for Ron Artest, even up, responded in part: “No. Ron Artest knows what his issues are and takes medication.” Please comment. We know about Mr. Cuban’s short position in OSTK, which he puts at 20,000 shares."


Good question about Cramer referring emails to his lawyer - maybe he feels that he isn't doing enough to keep the NY legal profession in Maybachs, and wants to do his own small part to help out? Maybe the in-house counsel to Thestreet.com was tossing business cards into a hat when Cramer walked by, and he decided to mess with him?

And NCANS supporters? Huh? I think he means Dave Patch? Nobody has contacted NCANS, who has no role in that interaction, about it. I presume he is referring to the emails in which Cramer’s shyster claims it is all a dirty lie, and that his pristine reputation has been tarnished by Dave’s article?

That is all available on Dave’s site, not NCANS. How would Patrick or the OSTK IR guy be expected to know whether they are genuine?

Last I heard Dave was asking about some discrepancy between the form 4’s, and digging into the details of some hedge funds' purchases in advance of the IPO. That’s all I heard. Don’t even know if it is accurate. Dave? Do you know anything about this?

BTW, Mark and Cramer are invited to come on TheSanityCheck.com whenever they would like to debate naked short selling, and whether it is "all in our heads" – any new readers would be well advised to go to the Getting Started section to review the mountain of evidence and research materials that show that it isn’t.

What Does It All Mean, Or Does It Mean Anything?

In conclusion, it is an eye-opener to see the tone and treatment that Dr. Byrne receives from certain segments of the press and the media – one could easily forget that this is a cancer survivor, a guy that ran companies for Buffett, who has built his own to almost a billion in sales this year, who has bicycled across the US multiple times, and who has single-handedly taken on Wall Street and the SEC over illegal trading practices - at great personal cost.

I applaud Dr. Byrne’s making this little questionnaire public, especially given that his emails are made public on a regular basis. We don’t often get the benefit of seeing how a fair and balanced press works – it is always a treat and restorer of our faith in the media to get an up-close view.

I couldn’t make any of this up if I tried.

Well, all right. I did make up the part about Jerry Lewis, and about the clown outfit.

But the French think the man is a genius.

And I hate clowns.

Copyright ©2006 Bob O'Brien
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Comments (82)
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By financial_circus on 1/14/2006 11:32 AM
WOW!!! I thought by now the media would realize that they are making COMPLETE fools of themselves but I guess that does not matter if their friends are going down. This is the most ridiculous attack I have ever seen but since he has not published his story( and I DO MEAN STORY OR FAIRYTALE) I cannot wait to see what is published. All questions are asked to discredit Patrick or yourself. The stakes are HUGE and they are pulling NO punches. Stay safe.
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By frogman29 on 1/14/2006 11:32 AM
Never,I repeat NEVER, spend more than 60 seconds with these reporters or quesoners. NEVER. Tell them you are busy. Get their phone numbers and if the line of Q' s goes south, call your lawyers.
Dont talk to these bastards
Dont respond to their emails
Dont reply to their message board posts.
F$%^ Theml
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By Roddy Boyd on 1/14/2006 6:45 PM
Rtway1--you are right again. life is too short. I just bought--and put together--a kick butt Foosball table, $300 at Costoco, saved for weeks.really, this is like the porsche of foos ball tables. Gonna go get my a-- whipped by my 13 yr old; the younger 2 are in the tub. 15 yr olds studying and the Broncos just scored.

Ive tried to attack the wrong or bad in my career. look my stuff up--dozens of HFS ive gone to war with, freddie mac in 2000 before they were brought to size, every major dealer, PIMCO, scummy NASDAQ traders like Knight.

I try. hope someone got something from all this. wanted to show that not all reporters are afraid to make their case, what i see, think and hear.

to one and all, if youre ever in midtown NYC, email me or call. Ill buy a beer at Langans (ill have an Ice tea since i quit drinking), the NYP bar. you all know how to get in touch .

Roddy Boyd
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By rtway1 on 1/14/2006 6:59 PM
Roddy,
If ever I am in N>Y> would be because I was kidnapped. I do like hearing civil words from civil people, but because of my prior background my trust in the media is suspect at best. However, I appreciate the offer to hoist an ale, and I too have slowed almost to a halt on a good Guiness. But if you see a vet that has just came back from covering our sorry asses give him my beer and buy him another and send me the bill. I beleive in paying on delivery.
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By Willy the Gambler on 1/14/2006 7:11 PM
Roddy,

Please watch the slide show on www.businessjive.com. Regardless of what you think abour Byrne, his presentation is clear, supported by data, and educating. His presentation can be reduce the NSS story to its most understandable and pitchable element: Why are regulators being deliberately opaque for no legal or good reason? That kind of story can run on the front page of a paper, rather than in the recesses of business pages. Moreover, I will fly out to New York tomorrow and buy you as many beers as you can drink, if you will run Byrne's side of the story. By that I mean, make his argument without attacking his person. NO ONE has done that. It is simply amazing how explosive it could be.

All the Best,
Willy the Gambler
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By Financial_circus on 1/14/2006 7:14 PM
Roddy Boyd. Desperate for exciting copy again? Spending your weekend again posting drivel instead of researching real stories? How is that alcohol problem working out? You pretend to be seeking the truth but the only one you are fooling is yourself. Your stories would be more believable if you inserted the words Martians or Aliens when you reference your sources that are keep telling you that the naked shorting is ok or does not exist and that everyone else is lying. Hearing any voices telling you what to report tonight?
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By Jersey_Devil on 1/14/2006 7:20 PM
FOR RODDY BOYD: One night, probably in 1880, John Swinton, then the preeminent New York journalist, was the guest of honour at a banquet given him by the leaders of his craft. Someone who knew neither the press nor Swinton offered a toast to the independent press. Swinton outraged his colleagues by replying:
"There is no such thing, at this date of the world's history, in America, as an independent press. You know it and I know it.
There is not one of you who dares to write your honest opinions, and if you did, you know beforehand that it would never appear in print. I am paid weekly for keeping my honest opinion out of the paper I am connected with. Others of you are paid similar salaries for similar things, and any of you who would be so foolish as to write honest opinions would be out on the streets looking for another job. If I allowed my honest opinions to appear in one issue of my paper, before twenty-four hours my occupation would be gone.
"The business of the journalists is to destroy the truth, to lie outright, to pervert, to vilify, to fawn at the feet of mammon, and to sell his country and his race for his daily bread.
You know it and I know it, and what folly is this toasting an independent press?
We are the tools and vassals of rich men behind the scenes. We are the jumping jacks, they pull the strings and we dance. Our talents, our possibilities and our lives are all the property of other men. We are intellectual prostitutes."

--------------------------------------------------------------------------------
(Source: Labor's Untold Story, by Richard O. Boyer and Herbert M. Morais, published by United Electrical, Radio & Machine Workers of America, NY, 1955/1979.) Keep dancing Roddy!!
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By rtway1 on 1/14/2006 7:29 PM
Wily, you must be my twin, because I couldn,t have said it any better. I would love to see the interview of one on one with these regulators being forced to answer the most simple questions. As far as who is Bobo, I couldn,t care if he is one of Santas elves. The man is a genius and a well read genius who has this strange appetite for the truth instead of carrots. Pat Byrne took the time out to e-mail me and was quite congenial, just the way he comes off on T.V. and as one would expect with a name like his. I feel our cause is noble and slamming Pat or Bob is certainly not going to make this world a better pkace. However, if we don,t stop the abuse that these slime balls have put upon us, we might be aiding more than one enemy. Don,t forget Osama went to this country to learn how to count also. A lot of people know how to misuse this one sided system, I hope we can change it so we all sleep better and put peace as our biggest problem. So much good can be done for all, by the absence of a few.
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By Willy the Gambler on 1/14/2006 7:55 PM
rtway,

Someone once wrote, you shall know the truth and it shall set you free. It is amazing that NO ONE in mainstream media has had the guts to actually investigate the substantial argument that Byrne is making on www.businessjive.com. If he is wrong, I would like to know. I am grateful to people who can pluck beams from my eye. But Byrne seems to back everything up with hard evidence. I don't care if it is Geraldo Rivera's asinine flapping mustache that finally puts it together and presents it in mainstream media, someone will. And I am of the school of thought that love will conquer hate, so I don't really care how ridiculous the journalist might have been (or be), as long she/he seeks the truth. BTW, seeking the truth is love, in my opinion.
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By Patchie on 1/14/2006 7:59 PM
Roddy,

Dave Patch here. I am sorry that yo u have decided to go to the dark side instead of opening your mind to the facts of life. While you play through the midless claims of David rocker and teh industry in general, logic speaks volumes. You, and probably your editor more than you, want to do a tabloid story instead of a financiakl news story and that is why you ignore Dr. Byrnes repeated FTD's and broker responses to those tests in the system. As a reporter, it is not who you like but the story behind it.

naked shorting is harmful to our society and our economy. it exists and the NASD recently admitted that it is a major objective of 2006. Now if you want to talk to your buddies and have them speak of their innocence so be it. But when you go home at night, realize you have been bought and paid for.

It is irresponsible to simply deny the facts. Hatred for personalities is a character flaw (jeaousy) that results in stupid decisions. Who Bob O'Brien is and what you think of Patrick Byrne is irrelevant. the issue exists and it is a coward that fails to report it for whateve incentive comes your way.

You know me and met me. I am your average guy who has done their homework. You don''t want to protect the people like me so be it. you want to listen from the other side because they can make your career, that is also acceptable. We all make choices. Just remember. a person in your field makes a career by breaking a story not aiding it covering one up.

I wish you the best in your personal decisions.

Dave
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By Financial_circus on 1/14/2006 8:31 PM
Hey Roddy. There is a Pulitzer here for the the right journalist. That journalist has to have integrity and find a publisher willing to print the truth. Oh, by the way; that is not going to happen where you work and sadly not by you. Sooooo- what do those voices in your head tell you to write now?
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By bobo on 1/14/2006 10:52 PM
Roddy. Please. What was the purpose of the "Who's Bob O'Brien" piece? Nobody cared. Before, or after. I sent you the reaction from the message boards, which were the only places where anyone could possibly care, and the response was,"Yawn."

We both know and understand that.

So let's spare the crowd at home the sanctimonious rhetoric. What is done, is done.

Again, no hard feelings. I'm just some weak, scared bunny who is taking on the entire US financial system and associated power base. You know, where mob affiliations and terrorist groups are one degree of separation from Wall Street icons. You are a big, brave reporter with the courage to tackle "Who is the Easter Bunny" and other hard hitting subjects. Speaks for itself.

Have a nice evening. Gotta run.

PS - I re-read Byrne's responses to Tim, and found that most of them were reasoned, intelligent responses that directly addressed the questions to the extent that they could legally be answered. I missed the "intended to hurt" stuff, unless sarcasm is a no no when dealing with an adversarial party, which IMO Tim is, judging by the questions. I read Tim's questions again, and was struck by the obvious tenor of "You slimy lying crazy rat bastard" that runs through it. That isn't what it is supposed to be like, and we both know it. I'm not asking you to indict him, but it is hard to pretend that what is there, isn't there.
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By mfairview on 1/15/2006 3:30 AM
Roddy, good to see you in the frey.

Re: Who plays rougher? I don't doubt both sides are playing rough.. I doubt many here could stomach the real truth behind the scenes in every day america; but we keep trucking forward. The irony is this.. We all scream for the truth, but when it sounds stranger then fiction it gets called wacky and we look for something more digestible. Patrick probably has a whole treasure trove of goodies. Figuring out how to reveal it so that everyone can consume it w/o throwing up is the hard part IMO.

Roddy, feel free to throw out some hard questions. I'm sure several here will be interested in adding their .02 to it.

best, mfairview



Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By gary valinoti on 1/15/2006 7:09 AM
Gary Valinoti, this is me Sinking Fund it was a Forbes story

I told everyone who our COUNTERFEITER WAS and he was arrested by FBI

This what happened next
Canada StockWatch
Valentine's offshore Lemmon flips
by Brent Mudry
December 20, 2002

Now what do we do with ALL these extra stockholders? They have no rights Like the right to VOTE or the right to DIVIDENDS

So we issue a special Dividend, one with no CUSIP (means it cannot be handle by the DTC only physical) Read and watch what happens everyone knows SEC,NASD,BROKERS
This is a link from the NASD UPC site (informs back offices on Wall St how to handle special
settlement issues) again they all know, Read it Twice you must show us your REAL CERT and we will give you a DIVIDEND, just like musical chairs

http://www.nasd.com/web/groups/rules_regs/documents/upc_notice/nasdw_001980.pdf

Now read below a few of the nice firms had no idea what to do since they have no STOCK so they TOLD us and instead of giving Stock Holders their dividends they gave them NOTHING.
This is all before Reg SHO which by the way is very concerned about the Right to Vote and the Rights to Dividends, Shareholders pay for these rights and the brokers GET paid a commission FOR what they done nothing. How can they protect a seller who they have no idea who it is Vs THEIR own client? A seller who was arrested by FBI?
Settlement Failures

The STOCK settlement system is BROKEN and Crooks have looted this country by selling stock they never will deliver. Now who will have to pay the BILL if forced settlement is enforced by SEC? Jag's stock in MY eyes has 300Million naked Shorted with a public float of 40 Million. The stock will go to $300 plus on a short squeeze, And myself and our stockholders all KNOW and wont stop fighting. BUY IN the unsettled TRADE, not GRANDFATHER FRAUD.
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By couldbe anyone on 1/15/2006 7:37 AM
Roddy,

"My editor wants me to break some hard news on NSS"

You are looking in the wrong place. The news is not here.

If this quote is true and honest, you need to be looking for a 'deep throat'
at the DTCC, the BDs or SEC. Someone that will spill the beans from the
belly of the beast. Study the history of the S&L debacle for pointers.
The Internet has eliminated plausible deniability in this matter. Captains
may go down with the ship, but deck hands won't.

Someone will find the blue dress and will paper their walls with job offers.
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By mhelburn on 1/15/2006 7:53 AM

Roddy,

Did the lawyer really tell you "why" or did you mis-state?

I talked to Doug Curtis at Wilmer Cutler once in Nov., back when he was repping them. He outlined their SLAPP motion to me. In early December I talked to him again and he told me why they resigned. thats it.>>

I suppose you aren't going to tell us. Lots of speculation. If it is privileged, you wouldn't know. If you were asked to not make it public, I respect you for that. So why is it ok to keep that confidential and it isn't ok to keep the Bunny's identity from being published? Long before you assigned him a name, it was common knowledge that the Bunny preferred to be anonymous. Why didn't you respect that?

We have a guy who wants to remain anonymous because he doesn't want his identity to get in the way of his message. Also, the people he is confronting make up their own rules. Your timing has been disasterous as far as looking credible. As soon as Jesse exits, you take up the pursuit. Pushing the name thing looks more and more like an ego problem on your part and down right rude.



Stock not being delivered. Whether you want to believe it is up to you. Damn, the system isn't transparent enough for you to get confirmation. And would you run with it if you could?

I certainly am sorry that your correspondence with Patrick came at the same time as Tim's.

I doubt that you would criticize Tim, but his questions about Patrick's health? Patrick is not the President or the Pope. ... He's not even the Vice President. He is a person and he deserves respect.

I respect the Bunny. He's a good person. He can apologize and admit his errors. I appreciate your recognition of your mistake about confusing NCANS with Bob's blog. It isn't that hard to make a mistake and healthy people want to be corrected. It is refreshing to have you admit it so quickly and openly.

I don't know why anyone would go against the Bunny. He has said the same thing over and over again as to why he has chosen this fight. Look at Patchie. He's been at this even longer and these guys are not giving up. It is the David and Goliath story. It is the American Dream being undermined. It is unbridled arrogance that the bad guys think they can get by with this. Maybe there is a plan to take the money and run. Get a Presidential pardon.

There is most definitely a story here. Is it going to be influence and greed winning out over what is right? That is a tradegy. I want you and your family to be able to have decent retirements. I want your children to be able to trust our government.

No honest person is threatened by the Bunny or Patrick Byrne, but
there have been an inordinate amount of personal attacks.. so why all the conflict? Are the Patchies, Bunnies, et al starting to draw blood?

Rational people set the record straight.. like you did. Now.. just because you have come to this blog, and you have used your family to make us like you, I still have this thing in the back of my mind that you might be infiltrating and are a 5th Columnist. Trust, but verify..

M.






Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By rtway1 on 1/15/2006 8:25 AM
Roddy, and all of the so called literary architechts of the world who come to this blog to see if there is a crumb to grovel over, and then distort it into a meaningful story. It is so sad that you spend so much of your life dumpster diving when you have been given the same deck to play with as Bob Woodward and Carl Bernstein. I beleive that old Bob doesn,t have to worry about how much he spends on his games of leisure because he has made a fortune doing what a good journalist does. You reap what you sow. Show us a shred of evidence from the DTCC or the SEC that correlates to the questions that have arisen from the bunny or Dr. Byrne. A man of your credentials can get his foot in the door faster than a lowly commoner like Dave Patch or Mark Faulk or Bud Burrel, and put their foot to the fire for answers. But first you have to ask them.
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By bobo on 1/15/2006 8:33 AM
A thought, Roddy - How do you know what Car Bettis said to the affiants? How do you know that he said anything? For a guy who isn't having any close contact with the gang over there, you certainly seem pretty up on the latest info and spin: "I wasn't threatening them, I was reminding them that perjury was bad..."

Because nobody really understands that perjury is bad, thus they need the head of the guys being accused of nasty things calling the affiants to share that newsflash.

I wonder what was really said - you have to admit that in a lawsuit, having one of the perps contacting the witnesses seems, well, a trifle unorthodox...

Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By rtway1 on 1/15/2006 8:38 AM
The post by "could be anyone" is extremely interesting, and one that should be given a lot of serious thought by anyone who might be withholding evidence or part and parcel of the whole naked short selling process. If someone is visiting this blog to see how far we are to the truth you just might want to consider doing the right thing so as to have choices in regards to where you might reside in the future(BUBBA is not a nice neighbor) and also where your financial future might be. Life has choices, and those who do the right thing are rewarded, and those that don,t, well that is where Karma kicks in.I feel it would be a wise move to those who have been forwarned to be on side of the line that says you want to solve the problem not help it.
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By Patrick on 1/15/2006 8:41 AM
Folks,

Save your breath with Roddy. His schtick is to pretend to be listening, to be open-minded, in roder to get out of you folks anything he can, before writing a ridiculous piece in the service of his masters.

So for example, he had the affadavits and never wrote a story on them. Only at last, when the party line response had been worked out, did he write it up, completely taking the party line response as his own and pretending it was established fact. He did not report that the affiants' say that they went to their boss, asked questions, and got fired, then sat down and wrote a letter to the SEC: instead, he just spun it all as disgruntled ex-employees, and chose not even to mention their point of view (nor any details of the affadavits).

And so it goes: he is a complete phony. Don't buy his, "I think there is a real business, but they may have some problems" stuff. It is just his schtick.

As far as teh affiants go: yes, the bad guys ahve been calling and threatening them ("I can ruin your life, I can make it so you never get another job, don't worry what happens if you recant your affadavits, I'll pick up all the legal costs"). Who knows what else has been promised.

Fortuntely, given how many people they have told their story to at his point, including not only lawyers from other companies, but federal officials, no amount of Carr Bettis money is going to change things.

As far as the New York PI: I have never heard of him, nor of any rough tactics, nor would I condone any rough tactics such as the ones they are using. Be aware, all, that these are not normal humans with a slightly different viewpoint, the truth is somewhere in the middle, etc. etc. These are sociopaths who not only have no trouble lying, they will lie and then give each other chortling high-fives that they got away with it.

However, I do feel they realize they made a huge mistake this week. Catching two reporters with teh same verbiage in emails, on the same day. They seem to be in damage control mode, so they send Roddy out with his sycophantic, "I'm not sure, all I'm saying" etc. etc., covering his mild spins. (At this point, it would be hard to Tim to show up and do it himself, so thoroughly has he unmasked himself in his own email.)

Believe me, I have dealt with these guys, don't buy their tone: they are sociopaths.

Strangely, they all have one quality that is exactly the same across each of them: I am struggling to put my finger on it, but it is hard to express. Have you ever met someone who is like a glass figurine that has been broken, but then glued back together again? But if you look with the right eyes you can still see the crack in them ? That is how each one of these bent reporters is. It's sad: I keep wanting to reach out and say, It's OK, calm down, you're OK. They each feel like they are going to crack again (other than Eissenger: he has accepted the Dark Side). So do not hate them. They are just trying to find a way out too, and what we have presented them with is creating a lot of psychic discord (even they cannot think of themselves any longer as journalists crusading against corproate malfeasance, given the amount of evidence they are having to sweep aside). And in their emotional confusion they are starting to make mistakes, as we have witnessed in the last week. If this were a movie one of them would wake-up, realize that their way out of their dilemma is to break with their masters and start covering what was really going on: I've met them and that will never happen here (I've met people who were that person flaws-and-all, but none of them is that person). So don't hate these guys: they are each in their own private hells, of one sort or another. But don't buy their schticks.

Patrick
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By Patchie on 1/15/2006 8:44 AM
Roddy,

I would think that you would stop wasting your time obsessed with a story that does not exist and focus more intently on one that does. The financial strength of Overstock.com [good or bad] is no different than that of thousands of other stocks. I think if you look to the Holiday performance of other e-tailers you will see that they performed similarly to Overstock yet you failed to recognize that. You also fail to recognize the amount of up-front capital it takes to grow a business before you can stop the R&D money train and focus more on profitability.

If you want to talk about a ‘pig Stock” take a look at TheStreet.com. The stock has an accumulated deficit of $155 million and has had 1 profitable quarter since May 1999. Yet somehow David Rocker is long the stock and the stock has more than doubled over recent months. Want to explain the increased value there? You claim Rocker showed you his accounts. Why has he been long TheStreet.com for such a long period in time based on its dismal performance? When you looked at rockers accounts, did he go all the way back to the clearing operations to show you he truly held the positions long in the firms DTCC position or did he just show you his accounts?

As I keep telling you, you would be better served asking the really tough questions. Questions like 1.) How come Patrick Byrne repeatedly has FTD’s on his and his family’s purchases? 2.) Why does settlement ALWAYS occur weeks later and occur at market prices well below purchase prices? 3.) How much of the other OSTK trading and market trading in general operate in this manner? 4.) What about these companies with longevity on SHO; who does own the FTD’s?

I guess the real question is what are the motives of the NY Post, yourself, and your editor? Why is your attack singular and why does the Post fail to objectively cover this issue? The future NASD CEO claims the focus for 2006 is on naked shorting and PIPE deals. How is it the NY Post, you, and your editor would rather play the denial game and the tabloid BS instead of covering an up and coming story?

You once claimed Millennium was nothing because your contacts told you that and then stood corrected later as Englander and the firm was severely penalized. So far you have missed the boat on Refco and have never followed up on Emanuel Friedman. You say you know naked shorting exists but not to the magnitude most believe. How can you prove it? By going to those conflicted in the story? Why not open up your mind to the possibilities, and the FOIA data; Boni Report; Byrne’s settlement problems; SHO List; SEC Statements about SHO; etc…and start putting together what many already have.

How is it this issue has never seen an open Congressional Hearing and yet all other Securities related issues have? How many hearings did we see on steroids in baseball and how many are even willing to talk about naked shorting on or off record. The silence in itself is deafening don’t you think?

Use your head Roddy. They say you are a smart reporter. Your most recent actions would go against that opinion.
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By rtway1 on 1/15/2006 9:43 AM
Pat, I,ll take the bears and give you 7, looser has to read Roddy,s column for a week straight, without novcacaine.
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By Patchie on 1/15/2006 10:20 AM
rtway...Are you kidding me? I had to watch my Patriots lose last night and suffer the headache that comes with the loss, only to wake up and read Boyd's article. Talk about a miserable 12 hours.
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By rtway1 on 1/15/2006 10:36 AM
Man, I feel your pain Dave, that was a bummer, I mean reading Roddy. But I never thought the Pats would go that easy, for such a great team and coach.
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By tbs_theman on 1/15/2006 11:05 AM
Roddy

The biggest problem you have is that you show no amount of jouranlistic ability. You say you talked to Gradient and here's the story. WOW!! If you had heard of Peter Scannell, and you called Putnam and they said, "There's no story there. And we can't discuss any 'employee issues'.", you would have said - "Hey - no story here!"

When Byrne could not get delivery of his hares, here is what a real investigative reporter would have done:

1. Find out every broker who is a market maker for OSTK
2. Interview each company and ask them how this could happen beng that OSTK was already on the SHO list.
3. Contact the SEC - ask them what they thought of it.
4. Contact the SROs, ask them what is going on with it.
5. Bad people usually don't tell you all the bad things they are doing when you call them.

I'll bet you don't know who the market makers for OSTK are. I'll bet you have not contacted anybody within the DTCC, the SEC or the SROs. If you have, where is the story. If they would not comment, THAT is a story. Tell us how they would not give you any information. Not vague "Yeah, the NSS is more than they make of it".

But, apparently, breaking a story is having someone tell you everything. I believe you can be replaced by a dictaphone.
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By bobo on 1/15/2006 12:09 PM
A fun trip down memory lane, when Rocker Partners sued Harry and it was tossed out of court:

http://www.cyberslapp.org/litigation/briefs/RockerReplyBrief.pdf

Apparently they are all for freedom of speech when allegedly frontrunning research reports, but against it when it is directed at them.

Not that there is a double standard or anything.

Anyone wanna give odds on the SLAPP defense being bounced at the end of the month, and discovery starting? Does Vegas have a line on it yet? Over/under?
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By NY Compost on 1/15/2006 4:32 PM
Here's another trip down memory from July 2004, complete with screen shots: http://www.jeffooi.com/archives/2004/07/an_exclusive_th.php

Exclusive blunder! . . .

Hours before Democrats' presidential hopeful John Kerry announced his running mate July 6, New York Post "broke" the news by incorrectly reporting that the Senator had picked U.S. Representative Richard Gephardt as the vice president candidate.

The NY Post is a joke.
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By whosyouruncle33 on 1/15/2006 5:24 PM
Has anyone been able to pin the SEC down and have it explain which specific section of which law gives the SEC the right and power to "grandfather" all FTDs, whether legal or illegal, prior to Reg SHO in January 2005?
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By rtway1 on 1/15/2006 5:25 PM
The only news media that seems to care somewhat about reporting the truth is FOX. However in my opinion they are all whores who would cut their best friends throat to get a head.
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By rpink on 1/15/2006 6:51 PM
Roddy...

I guess you are in so deep with Rocker and the hedge funds that you and your editor, and who knows how high up this goes, that you openly state you are doing and wanting to do stories about Overstock, Dr. Byrne and Bob O'brien.

Guess what Roddy...nobody cares about them. The public does not care about them...the only people who care about them are Rocker and his pals that are being sued by Byrne.

Yet you and your editor have decided that out of all the events taking place every day in America, it is a good idea to write about Byrne and O'brien??? It does not pass the smell test, Roddy...and you can't see it because you are so involved with the effort to help Rocker.

I am not involved in any of this and as I read through it, you are either a pawn or a partner in what I believe to be criminal efforts...yet you openly advertise what you want to do...help to discredit the victim. If I am wrong, why are you trying to help Rocker?

Because this is financial news that some postal worker in New York needs to know who Bob O'brien is???

I think you may be going to jail or at best, replaced in the not too distant future.

The story behind the story is...why are you doing this and for whom? Report that and you may be remembered.
Re: Why I Stopped Using My Brain, or How I Learned To Stop Worrying And Love Wall Street By dan on 1/15/2006 6:57 PM
Has anyone noticed that the callers to Cramer's infomercials on CNBC seem to have the same voi