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It's All About Free Speech!!! Er, Or, Maybe It Is That Patrick Is A Crook, Or A Kook...!?

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Posted by:   bobo 11/1/2007 6:46 PM

Ya gotta hand it to the lads at Rocker and Gradient. After stalling the Overstock suit against them for two years, and getting slapped by every court that heard their flaccid concoction of fanciful silliness, the firms are now taking a different approach.

See, before, it was all about preserving the country and our freedoms for Grandma, and the children, and puppies and apple pie. When that failed, the gears had to shift, and now it is that Patrick, who has never sold a share of his company's stock that I know of, is an evil mastermind who was trying to create a short squeeze, presumably by buying large quantities of his own stock (which then failed to materialize, as the shares were just being printed out of thin air by Wall Street and presumably certain hedge funds...).

Why was he doing this? Dunno. Usually you would try to create a short squeeze, if such a thing could be achieved, because you planned to sell at the inflated price. But that didn't happen, did it? Huh. Well, maybe it is because Patrick is a racist scheming stock manipulator with a jones to manipulate for no financial benefit? Maybe that will stick? Why not? If the free speech thing fell flat, what are they supposed to do next? Just go, "Hey, ya got us!" and roll over and pay a fortune, waiting for the criminal charges to be filed against you for what is obviously criminal stock manipulation to the downside? Not likely. No, expensive attorneys will always come up with ways to argue a completely different reality, and in this week's edition of the Twilight Zone, our favorite compromised reporter, Carol, breathlessly repeats the now debunked free speech argument from the Rocker/Gradient side, and then launches into a spirited yarn that rivals Iraq having nukes they can launch in 45 minutes for sheer silliness.

Can't wait to see the complaint. Is it free speech, or is it stock manipulation by the company? Depends upon which day it is, apparently. Mondays it's civil liberties, Tuesdays it's evil Patrick.....what's next? The Easter Bunny is really Himmler, who has engineered global warming in a master plan to alter the rotation of the earth, thereby making his desert junkyard into priceless beachfront property? Why not?

And so it goes. It long ago stopped being about brazen criminality, and now is all about how compromised the system is that is supposed to report the truth. Apparently if you have the juice, you can get the SEC to dance for you, you can get to trade on inside info as a daily practice, you can get 40 and 50% returns with nobody raising an eyebrow......

Shades of Milken. Boesky would be proud.

Copyright ©2007 Bob O'Brien
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Comments (7)
Re: It's All About Free Speech!!! Er, Or, Maybe It Is That Patrick Is A Crook, Or A Kook...!? By Nero on 11/1/2007 8:30 PM
IN THE MONEY:Rocker To Countersue Overstock As Discovery
1 November 2007
14:33
Dow Jones News Service
English
(c) 2007 Dow Jones & Company, Inc.

By Carol S. Remond
A Dow Jones Newswires Column


After meandering in the California court system for more than two years, a libel case brought by online retailer Overstock.com (OSTK) against a hedge fund and a research firm it accuses of colluding against the company is about to kick into high gear.

But while Overstock Chief Executive Officer Patrick Byrne recently rejoiced that a decision by the California Supreme Court not to review petitions in the case opened the door for the discovery process to begin, he might soon have to disclose more than he anticipated.

That's because, according to people familiar with the situation, Rocker Partners LLC and Gradient Analytics Inc. are poised to file counterclaims against the company. Rocker is expected to file its counterclaim on Friday. Gradient's timing is unclear.

Overstock sued Rocker and Gradient in Superior Court of the State of California in Marin County in August 2005, alleging that the short selling fund and research firm engaged in unfair practices and conspired to produce negative reports to depress its stock price for profit.

Rocker, which was renamed Copper River Management after the retirement of founder David Rocker, and Gradient have denied wrongdoings, claiming that Overstock is simply trying to silence critics.

In September, after the state supreme court denied its petition for review, Gradient said that California had given companies "the tools to stop critical analysis of their financial practices by market analyst, researchers, journalists and others."

Rocker and Gradient had long said that they would file their own claims against Salt Lake City-based Overstock, but those plans seem to have been put on hold while they tried to have the case dismissed. Now that the crucial phase of discovery is about to begin - each party will ask the other to produce documents and information that they believe is supportive of their claims - Rocker's and Gradient's legal teams are shifting into a more offensive mode.

People familiar with the matter said Rocker will allege in its counterclaim that Overstock and its CEO orchestrated a short squeeze to boost the company's stock in violation of a California securities statute. The fund is likely to claim that Byrne made false statements, perhaps through the use of Internet bloggers, in order to inflate the price of his company's stock in violation of California Corporations Code.

Rocker will allege that the massive run-up in Overstock's price in the second half of 2004 and early 2005 caused the fund to lose money by forcing it to cover, or buy back shares, at artificially higher prices.

Short sellers bet on falling stock prices. They typically borrow shares to sell them, hoping that they will be able to replace them with stock bought at a lower price later.

Rocker's counterclaim against Overstock will be similar to that brought by the fund against bankrupt Belgian speech technology company Lernout & Hauspie back in December 2000. That suit is still ongoing.

In its complaint against L&H, Rocker alleges it lost tens of millions of dollars when it had to cover its short position at higher prices because L&H fraudulently boosted its stock price by releasing fraudulent information in the market.

L&H filed for bankruptcy protection in November 2000 amid a burgeoning accounting scandal. The company later admitted fabricating a large portion of its sales.

Rocker hired law firm Boies, Schiller & Flexner earlier this year after a California appeals court in May denied a motion to dismiss Overstock's suit.

The short fund declined to comment on its plans.

Overstock is not the only company taking aim at hedge funds and research firms. Canadian companies Biovail Corporation (BVF) and Fairfax Financial Holdings (FFH) filed suits against several funds and research analysts in New Jersey state court in 2006. The Biovail complaint doesn't named Rocker as a defendant but Fairfax' does. All three companies are under investigation by the Securities and Exchange Commission.

(Carol S. Remond is an award-winning columnist who won a Gerald Loeb Award in 2005 for best news service content with "Exposing Small-Cap fraud," a series of articles that described how three small companies unscrupulously pumped up their stocks.)

-By Carol S. Remond, Dow Jones Newswires; 303-997-5783; carol.remond@dowjones.com [ 11-01-07 1533ET ]


Re: It's All About Free Speech!!! Er, Or, Maybe It Is That Patrick Is A Crook, Or A Kook...!? By Blackbart on 11/1/2007 8:31 PM
This is better than a Spielberg movie. After exhausting all avenues of delaying this lawsuit Rocker finally does what he proclaimed two years ago but was afraid to do because it would commence earlier discovery, something that he he feared enough to retire early and turn the business over to fellow scumbag Cohodes and rename the Titanic to be called Crapper River(sp?).

He than hired master delayer of legal action David Boies, most famous for his failed attempt to get the "inventor of the Internet" Al Gore elected as President and for his comments that as long as the client pays who cares if he stands a chance of winning.

Rocker has nothing to lose by this tactic as he can no longer delay discovery in the normal course of the lawsuit. Now he is engaging in a PR campaign to influence his investors and other stupid fools.

I wonder how much money has been withdrawn from his fund by Rocker because he is "retiring" and I wonder if his investors are really as stupid as Cohodes and Carol Redmond?
Re: It's All About Free Speech!!! Er, Or, Maybe It Is That Patrick Is A Crook, Or A Kook...!? By lenofus on 11/2/2007 7:37 AM
"Twilight Zone", "spirited yarn"...... Stop, you're killin' me here. LOL funny.

You know, I wouldn't have missed this for a million dollars. That's about what it's cost me, but boy, worth every penny. Now, if I can just distract the dog, so I can eat out of his bowl.....good boy, here boy.......

Re: It's All About Free Speech!!! Er, Or, Maybe It Is That Patrick Is A Crook, Or A Kook...!? By mhelburn on 11/2/2007 7:37 AM
Carol says that all three companies are under investigation by the SEC. Seems that the SEC has had ample time to discover any irregularities and would have brought complaints against the companies if there was any real cause. Surely the SEC has more capability of discovering any untoward activity and can call in the DOJ if they do. Seems like the party bringing the countersuit doesn't trust the SEC to do its job.

I recall the SEC investigating Gradient and was surprised at not only how quickly it was "resolved", but it seemed somewhat unusual that it was made public. The closing of a case is generally not announced.

I do hope that the SEC keeps records as to who and why they launch an investigation into a company. Should those investigations be instigated by the same people, it would appear that the SEC is an unwitting tool of those people.
Re: It's All About Free Speech!!! Er, Or, Maybe It Is That Patrick Is A Crook, Or A Kook...!? By crypotogon on 11/2/2007 7:38 AM
An interesting post from a computer programmer who worked on wallstreet servers. He's retired to New Zealand, living off the land in disgust.

Look for:

"Unloading Toxic Waste Mortgage Backed Securities: “We Americans Were Very Clever”

to see a story about how they avoid the cops when the house of cards comes down.

http://cryptogon.com/

If you think of it as a criminal enterprise, then it starts to make sense.
Re: It's All About Free Speech!!! Er, Or, Maybe It Is That Patrick Is A Crook, Or A Kook...!? By davidn on 11/2/2007 4:00 PM
How repurchase agreements are used to push risk off balance sheet.

http://www.thestreet.com/s/probe-talk-pounds-merrill/newsanalysis/wallstreet/10388053.html
Re: It's All About Free Speech!!! Er, Or, Maybe It Is That Patrick Is A Crook, Or A Kook...!? By cynabear on 11/3/2007 10:47 PM
hi, it's been awhile...family stuff....... but we have been hearing about a counter suit for 2 years..........now that it is supposedly forthcoming it sounds like they are drinking the koolaid.... i am so inspired by the bunny and patrick......heroes, nothing less.....thank you

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