“On any other day, that might look strange.” – Nicholas Cage, Con Air

From: Sam E. Antar [mailto:[email protected]] Sent: Monday, January 28, 2008 7:22 PM
To: Patrick Byrne
Cc: [email protected]
Subject: Overstock.com Fourth Quarter Fiscal Year 2007 Earnings Call

Dear Mr. Byrne: This is in response to your email and post on the InvestorVillage Board (see below). At your third quarter fiscal year 2007 earnings conference call, you had asked if I was on the line and said that you would accept questions from me if I was on the conference call. If that statement at the last conference call was not intended to intentionally mislead your shareholders, I would expect that you would welcome my participation at Wednesday’s call on an equal footing with all other participants.It is highly irregular for a participant in a conference call to be singled out and limited to three questions posed in advance, each consisting of 25 words or less. I believe that such a condition would be at variance with the principles of free and full disclosure required by the securities laws at conference calls. You appear to be imposing conditions on me that are not imposed on other conference call participants. I will not accept special conditions that are not imposed on other participants in the conference call.Accordingly, I again request that I be permitted to participate in this conference call on an equal footing with all other participants.I await your response.Sincerly,

Sam Antar

Original email from Sam E. Antar to Patrick Byrne (CEO of Overstock.com): From: Sam E. Antar [mailto:[email protected]] Sent: Monday, January 28, 2008 4:10 PM
To: ‘Patrick Byrne’
Cc: ‘Kevin Moon’; ‘Joseph Tabacco’; ‘Clay Corbus’
Subject: Overstock.com Earnings Call on 01/30/08
Patrick Byrne:

Can I participate in Overstock.com’s earnings conference call scheduled for Wednesday, January 30, 2008 at 11:00 ET? Please let me know by tomorrow morning.


Sam E. Antar

E-Mail: [email protected]

Web Site: www.whitecollarfraud.com

Blog: www.whitecollarfraud.blogspot.com

Patrick Byrne’s email response to Sam E. Antar

From: Patrick Byrne [mailto:[email protected]] Sent: Monday, January 28, 2008 7:21 PM
To: Sam E. Antar
Subject: RE: Overstock.com Earnings Call on 01/30/08



Peace baby.


Patrick Byrne’s InvestorVillage message board post (under the alias Hannibal) linked to in Mr. Byrne’s email response above:

Dear Sam,

Sure, you are welcome to participate: please send me your top three questions (in the interest of avoiding your endless “Do you pick your toes in Poughkeepsie” rants, please limit them to 25 words each, and know that I will treat compound questions as multiple questions).You know my email (N.B. your email address for Clay is out-of-date).

Your friend,


1 comment
  1. Dear Patrick,
    I have been selling on overstock auctions for years now, and am at a loss to understand why your site is totally without any live help or even any periodic maintenance or upgrades.
    For the past 3 days or more, your site has a problem where it is no longer possible for me to invoice buyers or even contact them.
    Your END OF AUCTION Notice is no longer going through and I doubt if my mail is reaching the buyer, which prevents me from billing the buyer.
    When I write to your customer service department, they did not bother to respond.
    But yet my credit card is billed 4X a month for selling fees on items I never got paid for..
    When is Overstock going to upgrade to a live help format. And when is Overstock going to provide more seller tools like EBAY has. Tools like Block Bidders, PayPal Account Required, etc

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