Overstock back on naked shorting list: Byrne whines


Patrick Byrne, the petulant chairman and CEO of the king of corporate crybabies, Overstock.com (NASDAQ: OSTK), issued yet another rambling press release on Friday, lamenting the fact that the company had reappeared on the Regulation SHO Threshold List after its stock price tanked following quarterly earnings that disappointed investors. Byrne said that ". . . the price of it fell 40% when we announced earnings that largely beat the Wall Street consensus expectations."

Regardless of how impressed Mr. Byrne was with yet another quarterly loss from his company, Stifel Nicolaus analyst Scott Devitt wasn't buying it. He downgraded the stock from hold to sell, pointing out that the company's revenue growth benefited from "fairly easy comps," adding that Overstock "may never achieve operating margins above 2%-3% at scale."

But never mind analyst predictions. Let's look at Patrick Byrne's predictions. In a 2001 interview with The Wall Street Transcript, Byrne said that by 2004 he "would want to see us well over $400 million and as profitable as hell. Making a ton of money. I want to see that next year."

That was seven years ago, and Overstock still has not reported anything resembling a profitable year, although Byrne is predicting that 2008 will be profitable in spite of a year-to-date loss of $10.4 million. Apparently Mr. Byrne is upset that no one is taking his forward-looking statements seriously anymore, but the fact is that, historically, Mr. Byrne's projections of profitability have been horrifically optimistic, and investors who believed him got their stuff handed to them.

If Mr. Byrne stopped wasting time lashing out at critics and devoted a few hours a day to backing up his big talk, the critics would go away and the stock would thrive.

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