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Author: SamEAntar Three stars, 500 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 18788  
Subject: Overstock.com: SEC Regulation G Violations Date: 11/26/2007 4:23 AM
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Title:
Overstock.com and CEO Patrick Byrne: Securities and Exchange Commission Regulation G Violations

Opening paragraph:
A careful analysis of Securities and Exchange Commission Regulation G, guidance provided by the SEC on Regulation G, and Overstock.com's financial disclosures raises a serious question as to whether or not Overstock.com misused certain non-GAAP measures in violation of certain provisions of Regulation G. As detailed, in a previous blog post, entitled "Did Overstock.com CEO Patrick Byrne cook the company's numbers and mislead investors? (Part 4)," Overstock.com (NASDAQ: OSTK) added a new disclosure in its third quarter fiscal year 2007 10-Q that was absent from its third quarter 8-K, second quarter 10-Q, and second quarter 8-K about Regulation G. The disclosure relates to the applicability of Regulation G.

Link here:
http://whitecollarfraud.blogspot.com/2007/11/overstockcom-and-ceo-patrick-byrne.html

Respectfully,

Sam E. Antar (former Crazy Eddie CFO & convicted felon)
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Author: TMFBent Big gold star, 5000 posts Old School Fool CAPS All Star Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 14621 of 18788
Subject: Re: Overstock.com: SEC Regulation G Violations Date: 11/27/2007 3:11 PM
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Another very thought provoking read of the financials, Sam.

Sj

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Author: SamEAntar Three stars, 500 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 14625 of 18788
Subject: Re: Overstock.com: SEC Regulation G Violations Date: 11/27/2007 3:46 PM
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Thank you SJ.

UR & Sq, leave it up to Overstock.com and Patrick Byrne to respond to my blog post. The SEC has the information and I am quite sure they will follow up on it.

Stay tuned.

With respect,

Sam E. Antar (former Crazy Eddie CFO & convicted felon)

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Author: vexas1 Big red star, 1000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 14626 of 18788
Subject: Re: Overstock.com: SEC Regulation G Violations Date: 11/27/2007 3:52 PM
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For now, what is important to realize is that Overstock.com's restructuring costs did meet not the criteria established under Regulation G for use in a non-GAAP financial measure, since there were similar restructuring costs "within the prior two years" and because management expected similar costs to occur in the future.

I am the last one to point out grammar mistakes, but I was in the neighborhood.

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Author: SamEAntar Three stars, 500 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 14631 of 18788
Subject: Re: Overstock.com: SEC Regulation G Violations Date: 11/27/2007 4:32 PM
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Thank you Vex.

As I told Utah Attorney General Mark Shurtleff:

PS: A state Attorney General should be careful to proof read official documents before signing and releasing them. Your date was off an entire year. Your letter was dated November 8, 2008, not 2007. You had one incomplete sentence, "Mr. Antar was invited...." You used the wrong spelling for "forgoing." It should be "foregoing." I guess that's the best quality a campaign contributor can expect from you for $10,000.

Well, typos happen to the best of us.

http://whitecollarfraud.blogspot.com/2007/11/utah-attorney-general-mark-shurtleff.html

Respectfully,

Sam E. Antar (former Crazy Eddie CFO & convicted felon)

PS: There are a few typos on Overstock.com's Code of Business Conduct and Ethics, too. Take a try.

http://whitecollarfraud.com/files/26805346.pdf

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Author: TMFBent Big gold star, 5000 posts Old School Fool CAPS All Star Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 14637 of 18788
Subject: Re: Overstock.com: SEC Regulation G Violations Date: 11/28/2007 9:34 AM
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Do you have an actual MS word copy of that letter, Sam? I ask because one document in the Overstock hubub, anti-sith lord testimony from an alleged third party, actually appeared to have been written at OSTK HQ itself, to judge by the stamp placed on it in MS word.

http://blogs.marketwatch.com/greenberg/2006/06/more_questions_.html

Of course, in this case, Byrne had a typical, ready, and bizarre excuse, something about the Word-stamped document preparer having previously represented the guy giving testimony against those dreaded short sellers, and having recently been hired by Overstock. (Shades of Bagley, if it's true, but the timeline looks quite suspect...)

Given the ham-fistedness of the Utah AG's letter, the goofy lack of logic, as well as the PR, I still suspect Bagley orchestrated and wrote the entire script(s).

Sj

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Author: SamEAntar Three stars, 500 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 14640 of 18788
Subject: Re: Overstock.com: SEC Regulation G Violations Date: 11/28/2007 10:52 AM
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Seth:

I have a copy of the letter and much much more.

Stay tuned.

With respect:

Sam E. Antar (felon and former Crazy Eddie CFO)

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