Quote from flytiger:
Day ain't over yet...... Nobody is trying to prop anyting up. We are trying to do the right thing......... If you can't understand that, go to the joke thread.
I've been told to read the last line carefully. Wonder what "entice" means? This guy was profiled on the web as "hero", and his edge appears to be, if this article has any wind in it's sails, as paying journalists. What will you all think if it appears that the August 17 rant by Patrick is true?
May 12, 2006
NY Sun
Overstock.com May Seek $1 Billion From Rocker Partners
By DAN DORFMAN
May 12, 2006
When 60-year-old David Rocker, one of the city's leading short sellers,
retires in January 2007 from the hedge fund Rocker Partners, which he
founded in 1985, he might conceivably do so with considerably less money
than he thought if one of his corporate adversaries has its way.
Last August, that adversary, online
retailerOverstock.com, sued Rocker Partners for unspecified damages, which,
the New York Sun has been told, could now run in excess of $1 billion.
In its suit, Overstock.com- which disclosed on Tuesday that it is the
subject of an investigation by the Securities and Exchange Commission -
charged that Rocker Partners, which shorted its stock (a bet its price would
fall), had conspired with Gradient Analytics, an independent research outfit
based in Scottsdale, Ariz., to denigrate its business for a profit.
Gradient, which was also sued, "knowingly served as a shill for Rocker
Partners," Overstock.com said in its suit. (Rocker Partners recently changed
its name to Copper River Partners to reflect Mr. Rocker's planned departure
from the firm.)
In a brief interview, Wes Christian, a principal of Houston, Tex.-based
Christian, Smith & Jewell, one of the law firms representingOverstock.com,
said the amount that would be sought from the defendants could run into the
hundreds of millions of dollars, if not in excess of $1 billion. "We're
still commencing discovery to determine the full damages," he said.
On what basis does Overstock.com come up with such an obviously astronomical
price tag?
Among other things, Mr. Christian argued, the defendants harmed
Overstock.com's relationships with its vendors and creditors, hurt its
ability to grow, and impeded its ability to merge with or acquire other
companies. Likewise, he said, they indirectly affected the stock price,
"causing a counterfeit supply of stock to come into the market." He went on
to say, "This is the biggest bank robbery you have ever seen, and it
involves Wall Street."
Indeed, Wall Street has soured on the company's shares, which have dived
more than 50% from a 52-week high of
$48.65 to a current price of $23.27.
Both Rocker Partners, which manages assets of $1.2 billion, and Gradient
have denied any wrongdoing and Mr. Rocker declined to respond to calls
seeking comment. In March, a California judge denied a motion to throw out
the suit, but that decision is being appealed.
Mr. Christian claimed he had written evidence that the two defendants had
conspired to deliver false and misleading information aboutOverstock.com. He
also said he knew that each is the subject of a formal SEC investigation.
Asked about talk in Texas hedge fund circles that Overstock.com had hired
detectives to look into Rocker Partners and Gradient, Mr. Christian said,
"I'm not going to comment on that," but he noted that "I have a lot of
information about the defendants."
An attorney for Rocker Partners, Gavin Rooney, declined comment when asked
about a formal SEC probe and a spokeswoman for Gradient, Karen Hinton, said,
"We do not comment on SEC investigations, and we really don't want anything
written about us." The SEC, as is usually the case, declined comment, but
one regulatory source confirmed the investigations and also said that Mr.
Rocker was under intense SEC scrutiny.
Meanwhile, Overstock.com is also facing regulatory headaches of its own,
having announced that it had received a wide-ranging subpoena from the SEC,
requesting documents related to its accounting policies, communications with
analysts, and trading in the company's stock. In February, Overstock.com
said it would restate results for more than three years as a result of
accounting errors it had made in recording freight costs beginning in 2002.
In its investigation into the Overstock.com matter, the SEC subpoenaed
journalists from several news organizations, including Dow Jones and CNBC.
It later withdrew its request but reserved the right to question the
journalists.
Some rival hedge funds complain that some journalists have been too much of
a boon to Mr. Rocker by repeatedly doing negative reports on companies in
which he was short. As one put it, there's nothing wrong with a short seller
soliciting a reporter to do an unfavorable story on one of his short sales -
which happens all the time - but it's way overdone when it becomes 10 to 20
of his short sales because that practice eliminates what's supposed to be a
level playing field. Several hedge fund managers, including a former
associate of Mr. Rocker's, tell me that his uncanny ability to entice a
select number of journalists to do negative stories on his short sales time
and again is a key reason for his success.