The stories behind the Rocker and Gradient lawsuit story

    Today, short-selling hedge fund Rocker Partners paid (NASDAQ:OSTK) $5-million to settle the lawsuit filed against them in August of 2005. Rocker Partners also entirely dropped its own countersuit. CEO Patrick Byrne is a frequent contributor to

    This is a major victory, not only for Patrick and, but for all public companies targeted by bear raiding hedge funds.

    But thanks to the unusually skewed reporting surrounding it, chances are you either hadn’t heard about the suit, or were under the impression it was frivolous and certain to fail.

    This presentation explains part of the story behind the coverage of the suit, using some innovative methods to explain why what you heard about the suit and its merits likely had little in common with the reality of it.

    As promised in the video, researchers are encouraged to find additional links within the Facebook friend lists of the short-selling hedge funds and journalists and bloggers who love them. To make the process easier, I’ve compiled this spreadsheet. If you discover anything interesting, particularly with respect to the hedge funds and reporters linked to other bear raid targets, please write about your findings it in the comment section below.

    Also, very shortly I’ll be adding an interactive, dynamic relationship browser to this post, which will make it easy for you to visualize these networks.

    This post was written by:

    - who has written 103 posts on Deep Capture.

    Contact the author

    139 Responses to “The stories behind the Rocker and Gradient lawsuit story”

    1. Dick Keane says:

      Secret Software & Naked Short Selling
      We need NSS arrests – not Insider Trading arrests
      It is November 5th, 2009 at high noon and the SEC is all over the news about another arrest. They are all on stage giving this big press conference on 14 arrests for Insider Trading connected to the Galleon Group investigation. Is it Insider Trading? The Government wanted the world to believe this caused the financial meltdown on Wall Street. Three weeks earlier the SEC made the first arrest for Insider Trading involving Raj Rajaratnam and 5 other people on Wall Street.
      It is my opinion that the Government and the SEC is involved in a cover up to try and make people think that it was insider trading that caused the crisis of 2008. Let the truth be known. The news media, along with Goldman Sachs and many other Wall Street companies and people of power are all involved in the biggest cover up in the history of the United States. It involves greed to the fullest extend. The SEC is responsible, under the leadership of Christopher Cox in July 2007, the Securities Exchange Commission abolished the Up Tick rule. The elimination of the Up Tick rule created a wave of corruption that grew out of control, based on Naked Short Selling and the use of secret software and super fast computers.
      Insider trading has played a role in the financial crisis, yet the story not being told by the news media is the arrest of a Goldman Sachs employee who tried to steal Goldman Sachs secret software. This arrest came over the July 4th Holiday week-end and was aired briefly on a Saturday night on TV and then came Monday July 6th, 2009 and the story disapeared. A few weeks later Goldman Sachs reported its FY 2009 2nd QT earnings ( April – May -June ) and Goldman Sachs made over $100 million dollars a day in 46 of the 64 trading days for that quarter. How could this be possible after a 17 month recession. Wall Street changed two major Laws. The first being the use of decimal places (2001 )instead of fraction. Years later and after they lobbied for the removal of the Up Tick rule ( 2007 ) the secret software was designed and in place ready to go into full operation now that Wall Street was allowed to naked short sell millions upon millions of shares that Goldman Sachs and other hedge funds didn’t even own and failed to deliver. Their greed took over, who wouldn’t , when Goldman Sachs was making over $100 million a day in trading. They destroyed companies like Sirius XM radio and and many others. Then they began naked shorting the banking industry and attacking each other.
      This is the truth that the news media, corporate Amercia, the SEC, the Government, Goldman Sachs, Hank Paulson and the many others that were in power have not told the American people and the world. Now, as I write this letter, they are now trying to con the world into thinking it was insider trading that caused 95% of the middle class workers to lose 20% – 60 % of their investments and 401K’s.
      In the end the Entire story will be told and I hope I get my chance to tell it. Check the facts. There was an arrest of that Goldman Sachs employee in July 2009. Why was it covered up? Where are the arrests for Naked Short Selling and Goldman Sachs use of their secret software that stole the wealth off investors all across the country. It will go down as the biggest scandal in history.
      I give you permission to re-print this letter. Please follow up and investigate. This story needs to be told. Please contact me. It is exactly what is taken place.

      Richard Keane

    2. Dick Keane says:

      Rick Aristottle Munariz of the Motley Fools is paid to mislead investors about Sirius XM Radio. He is part of a news media collusion lead by CNBC and their own Jim Cramer. Jim Cramer’s web site is also hip deep into the collusion. Jim Cramer and his writers, especially Scott Moritz are all part of the scandal and it leads upward to CNBC/GE executives and Goldman Sachs. Thank god their is now an investigation taking place with Goldman Sachs. Goldman Sachs was investigated and 10 firms, including Goldman Sachs were fined $1.4 Billion dollars in 2003. Now the full blown investigation by Boston’s Chief Financial Regulator William Galvin will reveal the corruption of Goldman Sachs again and I can only hope that William Galvin will follow the money trail and check the bank accounts of Rick Aristottle Munariz of the Motley Fools along with Scott Moritz of the Just check these 2 writers banking accounts and the investigation will reveal that they are being paid off to write mis-leading stories about Sirius XM Radio. The money trail from these 2 writers will lead to >>> Motley Fools >>> >>> Jim Cramer >>> CNBC >>> GE / CNBC executives >>> NAB >>> Goldman Sachs.
      It has all been a news media collusion along with the combination of Wall Street corruption by Goldman Sachs to destroy Sirius XM Radio inc. by naked short selling, flash trading, superfast computers, using secret software to manipulate the Sirius XM Stock price in decimal places the past few years since the Siri /XM merger was announce in Jan 2007. It was a pact agreed to by the news media and Goldman Sachs, which is why CNBC keeps reporting positive story after positive story about Goldman Sachs. All are into this collusion knee deep and this is why they will not report Goldman Sachs and their biggest scandal in the history of Wall Street.
      Goldman Sachs got greedy. The scandal with Sirius XM Radio, worked so well with their secret software that was making them millions of dollars a day. Well, their Greed expanded into not just naked shorting & decimal place trading Sirius XM radio, but Goldman Sachs, next said , heck this secret software works so well, along with CNBC’s cover up lets do it to our competition the banking industry. Goldman Sachs next used these tactics on the banking industry in 2008 – 2009. They have been protected by CNBC by paying CNBC millions of dollars a month in advertising or shall we say paid protection.
      Goldman Sachs greed almost ruined this country when they began using naked shorting and their secret software to attack the banks. It was their Greed of making millions using this software attacking Sirius XM Radio and when they expanded their scandal to the banking industry, they were now making over $100 million dollars a day. This is a fact, as Goldman Sachs made over $100 million dollars a day in 46 of 64 trading days last Quarter 2009 ( April , May, June 2009 ).
      CNBC is part of the scandal, taking in million a months from Goldman Sachs for their silence. Why wouldn’t Goldman Sachs pay CNBC millions of month, that was nothing to them, since they are making over $100 million dollars a day. They helped CNBC try to ruin the competition ( Siri ) and now CNBC will help them ruin the other Banks. A true partnership by Goldman Sachs & CNBC.
      The scandal lives on today, but thankfully the investigation by William Galvin will be expanded into the news media collusion of CNBC, Motley Fools & along with many other news media types.
      Their Greed and goals have cost the average investors of the World hundreds of billions of dollars the past few years. In the end the truth is going to come out, but how does the people of the World hear the truth when the news media is part of the Scandal.
      Well, a few years ago, CNBC & Goldman Sachs would have gotten away with it, but thank you , and the many social media outlets and bloggers out there. Thank you for helping bring the truth to the World. Each day we get closer and closer to the biggest scandal in the history of the United States. ( Written by Richard Keane – August 30th, 2009 )

    3. hangthemall says:

      GREAT JOB,, i will get more rope

    4. MTF says:

      This is almost too incredible to believe. Yes!! Patrick Byrne does a fantastic job explaining short selling in the movie “Stock Shock-The Short Selling of the American Dream.” Amazon has the DVD or has it for less $$.

    5. mhelburn says:

      Congratulations to all… Thanks to the late, great John O’Quinn and the other law firms who were fighting this battle before Overstock stood up to WS.

      Judd, thanks for being the documentarian for this. Wonder if the SEC will let this just be another of their failures to enforce?

    6. Sarge says:

      Another great video Judd. Glad to hear about the lawsuit being settled too, guess all that smack talk coming from the camp at Rocker Partners amounted to nothing more than a senseless waste of perfectly breathable oxygen, huh?

    7. John Wicks says:

      the discovery would have been worth so much more than the $5 million

      • n-tres-ted says:

        The discovery process in this case was already completed, and the information gained is in the possession of OSTK and its lawyers.

    8. Fred says:


      Yes I would have preferred to see what would turn up in discovery. But we just don’t know the facts surrounding the settlement. There could be reasons we are not aware of.

    9. Lenofus says:

      What hubris these guys exhibit. If the internet existed in the twenties and thirties, would you see Meyer Lansky linked to Lucky Luciano on Flapper? They’re crooked, and so confident of their protectors, they flaunt associations.

      Fine. I sent the video where it will do some good.

    10. Anonymous says:

      Judd, small spelling mistaked “conspired” spelled wrong when Herb the talking head was talking at SABEW.

      Great, great, video. I’d love to read the lawsuit filing and evidence if the case is completely settled.

      You could almost create another site full of evidence and suggestions for other companies looking to fight a similar battle against Wallstreet.

      OSTK and this site are trailblazers and have made a difference.

      • Judd Bagley says:

        Thank you very much for catching the typo. I’m in major video production burn-out mode right now, so I think I’ll put off fixing it until tomorrow. I also really like your idea about creating a resource for helping other companies fighting the same battle. But much more thought about that, too, will need to wait until the morning.

        • Anonymous says:

          The mainstream press may not give you credit, but you are heroes among us little people. I hope you understand that the kudos you aren’t receiving are in the thoughts of many appreciative investors around the world that appreciate someone that fights against injustice even though it hurts themselves with little personal benefit.

          The trail you are blazing may be heavily followed in the future as for every Patrick, there are a few dozen dozen companies and investor groups that don’t know how to fight back.

          Maybe you should set up a non profit litigation organization. Take 50% of any settlement to put towards non profit education and anti counterfeiting legislation and help companies find detectives and legal firms to work on contingency to fight back.

          Most companies wouldn’t be looking for cash. They’d be looking for justice.

          It can become a cookie cutter where the same miscreants keep writing settlement checks in case after case and the money goes to educate us little investors that fund those mutual and hedge funds.

          I’m a big fan of chasing what works. Writing to congress and the SEC doesn’t work. Suing the b’stards seems to work just fine.

    11. sean says:

      To big to fail is now passe.. here is the new mantra “Too big to Punish”

      Judd, plausible deniability is way to far out of reach..some of these clowns must and will go down, by hook or by crook!!(No pun intended) Great stuff!!

    12. Anonymous says:

      The great John O’Quinn is taken from us, and then Patrick Byrne settles. 2+2 does not equal 4. Patrick we deserve to know the reason why you settled, since we have all been fighting this together

      • Anonymous says:

        I’ve been in enough litigation to know Patrick did the exact right thing.

        - he won the case
        - he received cash
        - he didn’t sign a confidentiality agreement

        You can be absolutely right and still lose litigation. Every other company to sue has lost on a technicality.

        He can cookie cutter this victory for dozens of other companies until the miscreants are forced to disgorge their profits to a new non profit group, dedicated to helping investors and companies sue the scammers.

        The big victory would be to sue the DTC into actually OWNING the shares it claims to have in CUSTODY because the DTC is in BREECH OF TRUST if it can’t back every share that us little people think we own.

        They play a game where they pretend the clearing broker is their client and beneficial owner, but a jury knows that the beneficial owner of any share is the person that wrote the check.

        America is sick and tired of naked shorting of the WALLSTREET FAKE.

        Whether it is tungsten plated with gold

        to avoid being squeezed on physical delivery of gold

        or foreclosures on innocent homeowners where their loan document backed dozens of fake bonds sold as AAA to Iceland, we want to get back to REAL COMMERCE where Wallstreet doesn’t drag us into a great depression so they can get the last BONUS check.

        I’m in favor of mass arrests and incarceration to go with the civil settlement to OSTK.

    13. sean says:

      Just sayin…if these were the consequences faced there would be no need for a site such as this now would there?

      China executes rogue trader, millions still missing

      EIJING, Dec. 8, 2009 (Reuters) — China on Tuesday executed a former securities trader for embezzlement, the first person in the industry to be put to death, but millions of yuan are still missing, a state newspaper said.
      Yang Yanming was sentenced to death in late 2005 and took the secret of the whereabouts of 65 million yuan ($9.52 million) of the misappropriated funds to his grave, the Beijing Evening News said.

      The report added that Yang was the first person working in China’s securities sector to be executed.

      “Preserve your moral integrity and don’t set too much store by business results,” Yang told the newspaper before the sentence was carried out.

      He was the general manager of the Beijing securities trading department of the China Great Wall Trust and Investment Corp., which became Galaxy Securities, from 1997 to 2003.

      Conscious that the growing gap between rich and poor could generate resentment, China is battling corruption and stock trading abuses. It has used the death penalty as a deterrent in serious cases

    14. Anonymous says:

      Judd, will you provide us with an in depth reason for why Patrick settled?

    15. Wolf says:

      Congratulations! And Godspeed!

    16. Tar_&_Feather_Them says:

      Great job… you really tarred and feathered the bastards!

    17. Golden Goose says:

      Lets not forget Adam Freustein of the TSCM= The Scam.. He has written 15 negative articles against CVM to help his naked short buddies who are short 200 million shares of CVM..Another paid off reporter a real slime with Goldman and the rest of Cramers Crooks…

    18. iStandUp says:

      Thank you Judd – excellent!

    19. Anonymous says:

      We need to know why Patrick settled. All of us have been in this battle for years

      • Patchie says:

        Anonymous, I must have missed something in your “All of Us”. We all know that Patrick has been in this fight in person and in finance for years because we see him put his name out in the open for all to see, challenge, and ridicule. With you repeatedly calling him out for answers without having the courage to sign your name speaks volumes.

        I am grateful to Patrick and his team for sticking with this throughout the years and through all the criticism. I do not need, nor am I entitled to, a reason why he chose this course he chose because it was his right and his decision. I would request that if you want to continue to repeat this request, you at least have the courage to properly identify yourself and maybe even explain what level of fight you participated.

        FWIW, sometimes the smallest of victories leave the biggest of impacts. Wars are won and lost based on the results of some of the smallest battles that have the biggest impacts on future actions. It was not the monetary wins against gradient and rocker that counts, it was the legal win and affirmations that come with them. neither were deep pockets, those comes later.

    20. Fred says:

      Actually, $5 million is not much considering the legal fees Overstock will need to pay. Note that the press release does not say Overstock’s legal fees are paid Rocker. It’s a moral victory, for sure, but the discovery would be worth more, especially if they were to uncover evidence of criminal activity which would lead to undictments.

    21. iStandUp says:

      Here is a link to the CORRECTED CNN MOney story about this story along with a LETTER from Patrick Byrne issued as a press release:

    22. iStandUp says:

      It is very interesting to NOTE what news organizations (most of them?) are NOT reporting this story by going to Google News:

    23. sean says:

      People are going to jail!!!

      CNBC and Ted Kaufman

    24. Blackbart says:

      Where are the CRIMINAL indictments for this shady network of corruption and stealing? Is anyone awake at the DOJ and SEC?

    25. Anonymous says:

      We went from this on 10/29:

      (He is commenting on the death of the great John O’Quinn)

      Jonathan Johnson, President of, noted: “This sad news today does not change the landscape of our prosecution of these cases. The company continues to be well represented and we are looking forward to our day in court.”

      To Patrick settling one month later…

      • Patchie says:

        Anonymous, you don’t read very well do you? O’Quinn was jumping on a plane for a settlement hearing. As for day in court, there is one case remaining open and THAT is the big one.

        • Sarge says:

          I have to seriously agree with Patchie here, the meat and potatoes of all of this was never really in the case against Rocker Partners. The case against Rocker and Gradient being settled amounts to a serious win for, but what the rest of us really want to see is how the big one turns out (the one against Merrill Lynch, Goldman Sachs, et al.). So lets congratulate Patrick on a well deserved victory and move on, the opening band has finished, now its time to settle in and see how the headline act performs.

      • Sara says:

        Sara,I have question.My hair color is dark brown/black. I want to dye my hair into dark red / bugrundy. I don’t want to bleaching my hair.I want to use permanent dye. I live in Indonesia. Commonly available brands are L’oreal and Garnier. Do you have any suggestions, what color suit me? And which products are right for me and should I use?I also want to have a few streaks/highlights in my hair with bright colors. Such as blonde, or whatever fits.I don’t know if it matters, but my skin is yellow Asia. So it might be to adjust the color of my hair.Thank you so much

    26. Anonymous says:

      Patrick, with out a question, is one of the greatest Americans this decade. His work brought the key issues to the forefront and helped save the financial system. We are all indebted to Patrick.

      The sad part of Patrick’s work, is the people he had to expose to save the financial system will never forget, and so we must show Patrick the respect he deserves as he rides into the sunset

    27. Jim Hall says:

      I knew Savitz was crooked when I saw his Barron’s bullshit regarding how Apple was going to fail all last year.

      Where he got his ‘analysts’ only God knows.

    28. Feedchipper says:

      Wow! Congratulations to Patrick on this important victory and thanks to Judd for bringing the story to us. Sometimes the good guys win after all.

    29. sean says:

      Whatever happened to all the piles of mony and barrels of ink of these miscreants? Anybody know? LOL!!

      P.S. Dave Patch excellent response to Anonymous!!!

    30. harveywalbinger says:

      Tenacity demonstrated. And clever use of social media (yet again). You got mad skillz Judd. It’s really not fair. You should have to play with one hand tied behind your back. lol.

      Seriously these relationships you’ve now VERIFIED should go a long way to proving the RICO case. These crooks, like most crooks, really aren’t that bright upon closer examination. Or perhaps they just grew complacent after years of pillaging to no account. Seems the bear raid became just another day at the office.

      Taken at it’s full wieght, I can’t imagine a scenario in which the evidence you have produced does not ensure that several hedgies & “journalists” do time. Awesome work.

    31. Blackbart says:

      Place the 5 million dollars extracted from these thieves into a tax-free organization that willl lobby , hold investigations, PR, and get media attention until these thugs and their fellow co-conspirators(David Rocker, Marc Cohodes, and their complicit cronies) go to jail for a very, very long time like Madoff. Get ‘em Patrick! Your shareholders deserve real justice!

    32. Jim Hall says:

      Goldman and Blankfein lying through their teeth in a sophomoric term paper on how retail investors are so EMPOWERED today:

    33. Jim Hall says:

      FINRA and Schapiro with their hand in the cookie jar:

      The Street Sweeper
      Regulators Plead Poverty
      Bill Singer, 12.08.09, 04:00 PM EST
      Wall Street’s cops want bonuses too.

      Bill Singer

      Let me take you back to the doom-and-gloom days of December 2008, when the world’s financial markets were crashing amid fears of a global economic meltdown. The Dow Jones Industrial Average was trading in the 8,000s but was heading into the 6,000s by March 2009. Talk about panic mode.

      On Dec. 3, 2008, I wrote a blog titled: SEC Open Letter: Don’t Lay Off, Don’t Cost Cut. That story was prompted by former SEC Chairman Christopher Cox’s November 2008 warnings to Wall Street that imposing cost-cutting on compliance would likely result in violations. In ominous language, Cox said, “There will be no favor granted because a company made a cost-cutting decision to minimize their compliance budget. That’s because now and always, the interests of investors are inextricably linked to strong compliance.”

      Article Controls


      Follow Intelligent Investing On Twitter.

      Sign Up For The Daily Intelligent Investing Newsletter.

      On the heels of Chairman Cox’s tough talk, the SEC issued an open letter on Dec. 2, 2008, to the CEOs of public firms, which contained this observation: “While many firms are considering reductions and cost-cutting measures, we remind you of your firm’s legal obligation to maintain an adequate compliance program reasonably designed to achieve compliance with the law.”

      Such high-minded, flowery talk always plays well, and in those dark days, well, there wasn’t much that the regulatory community was doing besides talking the talk. While it may have been a better idea for Wall Street’s cops to have done something approximating their job for the prior decade, by year-end 2008 it was all too little, too late. By then, all the supposed watchdogs were trying to shift the blame to a predecessor or claim that they had done the best they could. As is too often the case, the chorus was a rising swell of “not my fault.”


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      In the midst of the finger pointing, the Financial Industry Regulatory Authority (FINRA) announced something that was just so bizarre that it still ranks among the more bone-headed actions of those dark days. In late November 2008, in the face of all the SEC’s apoplexy about compliance staffing levels and budgets, FINRA asked 300 of its senior staff (about 10% of its staff) to take voluntary early retirement. In commenting on FINRA’s cost cutting, I called it pretty much as I saw it: “Some might see hypocrisy in the comments and conduct of our market regulators. Some might see yet more examples of the historic mentality of do-as-I-say-not-as-I-do. Others might see the unending exasperation of regulators who continue to step on each others’ toes while comically regulating (or failing to do so) with all the apparent efficiency of the Keystone Kops.”

      Frankly, for all my vitriolic sarcasm, I was truly puzzled by FINRA’s proposal–not just because it was a public relations nightmare for then-CEO Mary Schapiro, but because it seemed idiotic to cripple the organization by getting rid of its most veteran regulators when their expertise was most needed. Of course, there was that other nagging question: How could the self described “independent regulatory organization empowered by the federal government to ensure that America’s 90 million investors are protected,” lack sufficient funding to, well, you know . . . protect those 90 million investors?

      If you go here and here you can take a look at an unofficial FINRA salary survey. A rough guesstimate is that average regulatory salaries at FINRA seem to be about $80,000 to $100,000, give or take. Let’s just guess that more veteran regulators earn about $120,000 a year–of course, we’re talking about the grunts who actually do the work, not the senior executives who delegate but get the glory. So what was the cost to FINRA of chopping off some 300 senior salaries? Well, just using my best guess, let’s say about $30 million. Quite a savings. But was it a false one–and at what hidden cost?

      The Investment News just ran a very disturbing investigative report titled: FINRA execs pocketed millions in ’08, while SRO was in the red: 13 current or former regulators made more than $1 million, tax returns say; Former chief administrative officer Michael D. Jones made $4.4 million. The article states that in 2008, when FINRA lost $696.3 million, it spent some $13 million on salaries for just 13 of its heavy hitters. Two things got my attention: One, how the hell does a regulator lose $696 million; and, two, 13 regulators each earned at least $1 million in a year when life as we knew it ended on Wall Street? Among the more troubling findings were that, “SEC Chairman Mary Schapiro, who received $3.3 million last year as FINRA’s chief executive officer, is paid $162,900 to run the government agency. Earlier this year, she received another $7.2 million from FINRA as part of her accumulated retirement-plan benefits.”

      It has gotten even more bizarre. Amid opulent pay packages, over-the-top buyouts and downright questionable management of funds, FINRA has reportedly set aside $1 million for lobbying efforts on Capitol Hill. (FINRA to Shell Out $1 Million in Lobbying Efforts) What’s $1 million worth these days to a regulator? How about one senior executive’s annual compensation–or perhaps an entire year’s salary for a dozen or so of the hardworking men and women who do the nuts and bolts of regulation. I’m sure there are those who will justify FINRA’s million dollar lobbying–of course, there are always such apologists.

      The regulators plead poverty to the investing public and Congress, but they are awash in luxurious pay packages. We are warned that regulators are grossly underfunded. Taxes must be increased. Fees raised. Services cut. Meanwhile, can anyone break a million dollar bill?

      Bill Singer of and is a veteran regulatory lawyer; an outspoken critic of ineffective regulation; and a staunch advocate for the rights of smaller firms, individual registered persons and defrauded investors. Bill regularly appears as a commentator on television and radio, and is frequently quoted in the press.

      • harveywalbinger says:

        Yawn. I’m certain Judd, Mark, & Pat are just soooo intimidated by the completely absurd hint, innuendo, word suggestion game… going on over in bizarro world that a RICO case could be made against OSTK. I know I’m on the edge of my seat every time that Weisenheimer “journalist” writes something… Sometimes I’ll print a copy (if I’m running low on TP). A classic technique of a skilled liar is to go on the offensive & accuse someone else of what you yourself are guilty of. Ummmmm. Sure sounds alot like another Sammy boy play to me.

        • Jim Hall says:

          I’ve been calling this a incipient RICO case for some time now.

          Obviously, Antar and cabal feel suddenly vulnerable.

    34. iStandUp says:

      Interesting Link you supplied Anonymous…
      — a short article written by Joe Weisenthal, whose name appears on the spreadsheet of names Judd put together (See link in Judd’s article above):

      Did Patrick Byrne Hack Into Private Facebook Pages As Part Of His Journalist Intimidation Scheme?

      Joe Weisenthal|Dec. 10, 2009, 1:31 PM | 674 |comment4
      Tags: Money Media, Overstock, Scandals sam antar

      Earlier we mentioned how Overstock’s (OSTK) Patrick Byrne had produced a page of journalists he didn’t like, along with each one of their Facebook friends.

      The common thread among the journalists is that they’re skeptical of his naked short selling conspiracy theories.

      That alone is a scandal.

      But in addition to just scraping data, he even managed to get friend lists from people who have their privacy settings at the most strict.

      Gary Weiss cites Sam Antar — the blogger, Byrne critic, and former Crazy Eddie conviced felon — who also had his Facebook friend list exposed.

      At best, Patrick Byrne got one of Antar’s friends to feed him the list. At worst he was hacked.

      • Sarge says:

        hahaha…Every time I read something like this the only picture that comes to mind is of a bunch of cockroaches running from the light, trying to find any cover that they can (I know, lets say that Patrick and Judd got this information illegally, cause then they committed a crime, and we can tell everyone he is a criminal!!! That’s how we’ll play it…). You’ll plainly notice that none of the people commenting on Weisenthal’s story have said anything to deny the significant social connections as have been highlighted in Judd’s short film?

        • Sarge says:

          Oh and Sam E. Antar,

          “Memo to Byrne: I am not afraid of you”

          In response to your quote above:

          “Memo to Sam, I am not afraid of you either.”

    35. RideFree says:

      These guys are thieves, scams and otherwise the filth of our planet. So happy to see Rocker and his gang with hands in face, in the corner, like a small child after being scolded. These guys had to settle a case which the paper and verbal evidence uncovered too much in the way of Rocker’s criminal mind.

    36. iStandUp says:

      Sarge, well said!

      Joe Weisenthal wants people to believe that it is illegal for anyone to find out about his illegal activities. Yes, this is typical and funny.

    37. sean says:

      Sarge, Istand, Memo to Sam “You should be” (very afraid of Patrick et al), because if my calculations are correct “you aint seen nuffin yet.”

      • Sarge says:

        Really though, I have tried to let Mr. Antar know in some previous posts here that he is more than welcome to try to flex his internet muscles on me (like the threats he made online concerning a certain someone’s young children)…this old Army NCO and father of a young child surely would make a much more satisfying target for him, wouldn’t you think?

        You’re dead right though, Mr. Antar and the rest of the “Weiss-keteers” should probably be at least a little bit concerned that with each victory Patrick makes, their credibility goes down the tube just that much more. What happens when Patrick wins the big one? Will Gary Weiss and crew still be able to find work as “respected journalists”? Will any of their credibility remain intact?

        P.S. Mark, if Mr. Antar ever pulls a stunt like that again, take a little comfort in the fact that this grunt has your back.

    38. Jim Hall says:

      Next, Patrick sue the goddamn SEC!

    39. iStandUp says:

      The Reuters story below INCORRECTLY states that “Overstock CEO an outspoken critic of short-sellers”.

      Did the writer of the Reuter’s story below MISTAKENLY leave out the word “NAKED” before “short-sellers”?

      OR did the writer of the Reuter’s story below PURPOSEFULLY leave out the word “NAKED” before “short-sellers”?

      “UPDATE 1-Overstock says it settles with hedge fund
      Tue Dec 8, 2009 6:18pm EST

      * Rocker accused of campaigning to pressure share price
      * Overstock CEO an outspoken critic of short-sellers

      NEW YORK, Dec 8 (Reuters) – A hedge fund is paying $5 million to settle a long-running lawsuit filed by online retailer (OSTK.O), the Salt Lake City-based company said Tuesday.

      The settlement comes some four years after Overstock sued the hedge fund, once known as Rocker Partners, claiming it waged a campaign to drive down the company’s share price. The lawsuit was championed by Overstock CEO Patrick Byrne, who has been an outspoken and controversial critic of short sellers, or traders who bet on a stock’s decline.

      Overstock said in a news release the hedge fund will pay it $5 million to settle the matter. Rocker Partners was then known as Copper River Partners. Copper River closed last December.

      The company said it could not provide a copy of the settlement from the lawsuit, which was filed in California state court. An attorney for the hedge fund was not immediately available for comment. ”

      ( )

      The Reuters’ reporter of this article did NOT sign his/her name.

      Uhmmmmm? Reuters reporter, are you ashamed of this written work of yours? And therefore chose to NOT include your name?

      OK Reuters, you need a CORRECTION 1 article which ADDs the word “naked” before “short sellers” – so that the article states:

      “”Overstock CEO an outspoken critic of “NAKED” short-sellers”. ”

      “The lawsuit was championed by Overstock CEO Patrick Byrne, who has been an outspoken and controversial critic of “NAKED” short sellers, or traders who bet on a stock’s decline “with NAKED or PHAMTOM SHARES”.”"

    40. iStandUp says:

      Patrick interviewed on Satwaves Radio….

      Media’s Sirius XM (SIRI) Agenda Exposed
      Posted on December 11, 2009 Brandon Matthews

      By Brandon Matthews

      In this weeks edition of Satwaves Radio, we were joined by (NASDAQ: OSTK) CEO Patrick Byrne of Deep Capture fame, whom has led the fight against illegal naked short selling. The discussion took a surprise turn as the mainstream media came under fire for its complicity in the act of illegal naked short selling, on the news of Overstock’s settlement with short-selling hedge fund Rocker Partners. A discussion of the “snake oil” tactics of Jim Cramer soon followed, describing the means in which negative news is created with the intent on damaging a stock’s price. These news articles are traded in front of by hedge funds with advanced knowledge of the pending releases.
      ….. continues….

      ( )

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