Shares of Overstock.com (NASDAQ: OSTK) fell sharply on Friday after the company reported yet another quarterly loss and disclosed that it would have to restate its earnings. In the press release announcing the restatement and earnings, CEO Patrick Byrne told investors that "The total effect of the errors over the five and a half year period (during which we generated nearly
In the grand scheme of things, this isn't material. And there's certainly no reason to think this is anything other than an error -- a result of Overstock being a sloppy, poorly run company with a distracted CEO battling the imaginary demon of naked short selling, but not accounting "fraud."
Here's the best part: One of the imaginary demons that Patrick Byrne was out battling was Gradient Analytics, a small independent research outfit that Overstock sued for putting out negative research reports. Earlier this month, the lawsuit was settled. In that press release, Overstock said that "Gradient now believes that, to the best of its knowledge, Overstock's stated accounting policies did in fact conform with Generally Accepted Accounting Principles (GAAP) and regrets any prior statements to the contrary."
Here's my question: was Overstock aware of the need for an earnings restatement when it settled the lawsuit? Or did it push through a settlement just before it disclosed that Gradient's allegations of accounting issues were proven to be right on the money? We may never know.
The larger point is that Overstock shareholders would be much better off if Patrick Byrne devoted his energy to managing his company, not lashing out at anyone who says mean things about him.











Reader Comments (Page 1 of 1)
10-25-2008 @ 3:00PM
Tracy Coenen said...
If you read Gradient's statement carefully, they didn't say they believed the financial statements were prepared in accordance with GAAP. They believe the STATED POLICIES were in accordance with GAAP. Not that they were applied correctly, necessarily. I think that's an important distinction to make, particularly since the Overstock fan club is now falsely stating that "Gradient admitted their reports were wrong."
11-15-2008 @ 2:58AM
Philosifur said...
Zac by saying "The larger point is that Overstock shareholders would be much better off if Patrick Byrne devoted his energy to managing his company, not lashing out at anyone who says mean things about him."
I sincerely doubt it. Shareholders would be better off if a Board of Directors revolt led to Patrick Bryne's ouster. Patrick Byrne actually focusing all his energy on OSTK would not favor the shareholders - it hasn't in the past. His post-haste departure, however, would.
The people keeping Byrne distracted are arguably performing a service to the shareholders of OSTK.
10-27-2008 @ 5:28PM
Dave said...
Zac, question for you - Why do you think BOTH parties settled out of court andwithout disclosing the settlement terms? Based on byrne coming ut publicly and sounding victorious and Gadient meekly admitting their errors you have to assume that Gradient may not be done talking. Remember, Byrne had sworn depositions from former Gradient employees.
My bet, based on reading the press releases and understanding Byrne's commitment to exposing this, I see Gradient turning into a witness for the plaintiff in upcoming trials. Could be bad news for the hedge funds and for Wall Street.