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From: StockDung2/27/2006 6:41:41 PM
   of 1821
 
TheStreet.com, Cramer Get Subpoenas in Gradient Probe
By Matthew Goldstein
Senior Writer
2/27/2006 6:01 PM EST
URL: thestreet.com

A regulatory investigation into allegations of collusion between short-sellers and a stock-research firm has led to the serving of subpoenas on TheStreet.com (TSCM:Nasdaq) and its co-founder and major shareholder, James J. Cramer.

Both TheStreet.com, which publishes this Web site, and Cramer, who writes a column on its RealMoney subscription site, have objected to the government's demands for communications between journalists and their sources.

The subpoenas are related to a Securities and Exchange Commission investigation into allegations that Gradient Analytics, an Arizona stock-research firm, published bearish research reports at the behest of a group of short-sellers, including Rocker Partners, a minority owner of TheStreet.com.

TheStreet.com is the second news organization to acknowledge receiving subpoenas in the investigation. Last Friday, Dow Jones (DJ:NYSE) confirmed that two of its reporters had received SEC subpoenas. The actions sparked controversy, and on Monday, SEC Chairman Christopher Cox sought to distance himself from the unusual investigative move.

Cramer, meanwhile, is planning to disclose the subpoena on his "Mad Money'' television show on CNBC Monday night. Through its general counsel, Jordan Goldstein, TheStreet.com disclosed that it, too, received an SEC subpoena.

Goldstein said TheStreet.com won't comply with parts of the subpoena that demand communications between journalists and sources.

SEC spokesman John Nester declined to comment on the subpoenas, noting the commission doesn't "discuss individual enforcement matters.''

Still, it's possible the issue could be moot. The SEC has indicated it has no intention of enforcing the subpoenas at this time. On Friday, the SEC began to back away from the subpoenas, after lawyers for Dow Jones said they would not comply with them. The SEC subpoenas to the Dow Jones employees had a Friday compliance date.

SEC Chairman Cox, on Monday, took the unusual step of rebuking the SEC's staff attorneys for filing subpoenas on two Dow Jones reporters without first consulting him or the other top commissioners. Cox issued a statement saying neither he nor any of the SEC's four other commissioners were aware of the subpoenas, which he called "highly unusual.''

Cox said that given the "sensitive issues'' raised by serving a subpoena on a journalist, no further action will occur in the matter without the prior consideration of the SEC's five commissioners.

Goldstein said the SEC's behavior with TheStreet.com is consistent with its treatment of Dow Jones.

"The SEC staff has indicated that they will not seek to compel production of communications between our journalists and their sources at the present time," Goldstein said. "They could come back in the future, however."

People close to the SEC say several of the commission's top enforcement attorneys were aware the San Francisco office had served subpoenas on journalists.

The SEC subpoenas to the Dow Jones reporters became public on Friday when one of the journalists, MarketWatch's Herb Greenberg, wrote a column about the incident. The other reporter who received a subpoena is Carol Remond, a writer for the Dow Jones Newswires.

Greenberg was a columnist with TheStreet.com from 1998 to 2004.

Both Greenberg and Remond have written critical stories about Overstock (OSTK:Nasdaq) and the online discounter's controversial founder and CEO, Patrick Byrne.

Last summer, Overstock filed a lawsuit alleging a wide-ranging conspiracy to manipulate the Internet company's stock. The lawsuit alleges that Gradient published critical reports about Overstock's financial situation so short-sellers, or traders who bet a stock will decline in price, could profit.

Byrne's campaign against Gradient and short-sellers has taken some bizarre turns. In a conference call last August, the executive said the conspiracy against his company was being orchestrated by an unnamed mastermind he called the "Sith Lord," in a reference to a character from the Star Wars movies.

One hedge fund that is singled out in the Overstock lawsuit is Rocker Partners, led by David Rocker. The hedge fund and Gradient have denied the allegations.

An affidavit filed by a former Gradient employee, Demetrios Anifantis, claims that Greenberg, while working at TheStreet.com, coordinated the "content and timing'' of his stories on Overstock with Gradient, which at the time was called Camelback Research Alliance. Anifantis also claims one of Greenberg's former research assistants, Brian Harris, was "retained by Camelback to draft research reports on particular companies.''

Greenberg has written several columns refuting the allegations, claiming Byrne's allegations of collusion between himself, Gradient and short-sellers is "silly.''

In a MarketWatch column Friday, Greenberg wrote that the subpoena sought unpublished communications, including emails and phone records, between him and people he has quoted. He said the SEC sought the information in reference to five companies.

"Never mind that I have never written about one of those companies," Greenberg wrote. "And never mind that the other four (yes, including Overstock) deserved every word I wrote -- and then some ... I don't plan to be bullied into changing the way I do anything."

In an earlier column, Greenberg said he didn't first write about Overstock until October 2004, which was after he had already left TheStreet.com. He said Harris had a brief tryout with Gradient during the fall of 2004, but was never offered a job.

Harris no longer works for TheStreet.com. He declined to comment for this article.

David Morrow, the editor-in-chief of TheStreet.com, said, "These allegations about Herb and Brian are so ludicrous, they're almost funny."

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From: StockDung2/28/2006 1:36:17 AM
   of 1821
 
StockGate: Cramer Shocks Financial World By Publicly Tossing Subpeona; 87% In CNBC Poll Support Journalist Subpeonas, Rebuke Cox / FinancialWire®

February 28, 2006 (FinancialWire) Even as U.S. Securities and Exchange Commissioner Christopher Cox bowed to pressure from Dow Jones (NYSE: DJ) and other media by proclaiming that subpoenas to journalists must pass through him and the full Commission, 87% in a poll on General Electric?s CNBC were saying they support the subpoenas, and TheStreet.com?s (NASDAQ: TSCM) Jim Cramer, also on CNBC may have turned the tide by arrogantly tossing a subpoena he received, something that never plays well to regulators.

February 28, 2006 (FinancialWire) Even as U.S. Securities and Exchange Commissioner Christopher Cox bowed to pressure from Dow Jones (NYSE: DJ) and other media by proclaiming that subpoenas to journalists must pass through him and the full Commission, 87% in a poll on General Electric?s CNBC were saying they support the subpoenas, and TheStreet.com?s (NASDAQ: TSCM) Jim Cramer, also on CNBC may have turned the tide by arrogantly tossing a subpoena he received, something that never plays well to regulators.

The subpoenas to Cramer and Herb Greenberg, who appeared on Cramer?s ?Mad Money? show, and to Carol Remond, who like Greenberg now works for Dow Jones, are part of an SEC investigation into alleged tainted research and collusion with hedge funds Rocker Partners, SAC Capital and others thought to relate to manipulative naked short sales of Overstock.com (NASDAQ: OSTK) and Biovail (NYSE: BVF), and perhaps others.

At least one panelist on CNBC?s Kudlow & Co. said that the subpoenas had in fact been signed off on by Linda Thomsen, the Director of Enforcement at the SEC, meaning the last of this episode is a long way from playing out. It is not believed an individual at the SEC at that level would have lightly signed subpoenas for journalists.

While Greenberg and Cramer wear their ?journalism? hats in defending themselves against the exercise of the subpoenas, both are also businessmen, and the question is in which capacity the SEC wants to examine their communications.

Greenberg was an editor for TheStreet.com when affidavits in the Overstock suit alleged what might be viewed as a relationship so close to Gradient Analytics (then Camelback Research) as to have been potentially conflictual if not collusive. In fact, one affidavit stated that a reporter, Brian Harris, working under Greenberg at TheStreet.com actually wrote some of the ?research? reports, and had office space at Gradient. When the story broke, the reporter?s name was apparently mysteriously removed from TheStreet.com?s masthead without notice or explanation.

The SEC is said to be looking into these relationships, and especially whether ?research? reports were routinely disclosed to hedge funds Rocker Partners and SAC Capital Management and others, before being released to the public, and whether there was a further knowing or unknowing relationship with certain journalists whereby the reports? ?findings? were disseminated more ?explosively? in such a way as to increase the profits of the hedge funds.

Steve LeCompte, managing partner of CXO Advisory Group LLC has in fact calibrated what he believes to be systematic front-running of Greenberg?s stock commentary.

That analysis, last made on June 16, 2005, is at cxoadvisory.com

Greenberg called those affidavits lies, and he and Cramer said that Overstock?s CEO Patrick Byrne is behind a conspiracy (Greenberg used the term about five times in the same sentence), apparently including the SEC investigations.

According to the New York Times, which draped its story around journalistic freedoms, as did Greenberg in a column, the subpoena asked for notes and discussions that Greenberg may have had with Gradient executives about not only Overstock but also Novastar (NYSE: NFI), Omnivision (NASDAQ: OVTI), Taser International (NASDAQ: TASR) and Navarre (NASDAQ: NAVR), most if not all of which are thought to have been targets of Rocker Partners.

The most surprised person on television was Larry Kudlow, who devoted a significant part of his show to a defense of the ?journalists? who had received subpoenas, when reporting the results of his program?s own poll. At the time, 80% were rebuking Cox and supporting the subpoenas. At press time, perhaps due to Cramer?s own live on-air ?performance,? the support had ramped up to an emphatic 87%.

You may vote on the question of the day, ?Should SEC Chair Chris Cox Be Rebuked for ?Quashing? Subpeonas?? at investrendinformation.com

For up-to-the-minute news, features and links click on financialwire.net

FinancialWire is an independent, proprietary news service of Investrend Information, a division of Investrend Communications, Inc. It is not a press release service and receives no compensation for its news or opinions. Other divisions of Investrend, however, provide shareholder empowerment platforms such as forums, independent research and webcasting. For more information or to receive the FirstAlert daily summary of news, commentary, research reports, webcasts, events and conference calls, click on investrend.com

For a free annual report on a company mentioned in the news, please click on investrend.ar.wilink.com

The FinancialWire NewsFeed is now available in multiple formats to your site or desktop, free. Click on: investrend.com

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To: GordieKnows who wrote (1780)2/28/2006 10:57:01 AM
From: bob wallace
   of 1821
 
just as a note: marketwatch.com as a news source this morning is totally useless as the site has been obliterated by the GOOG news...

Bob

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From: StockDung2/28/2006 11:07:22 PM
   of 1821
 
StockGate: Take Your Subpoena, Linda Thomsen, And Park It – We’re All Journalists Here
Location: Blogs Guest Blog
Posted by: guestblog 2/28/2006 6:11 PM

March 1, 2006 (FinancialWire) (By Gayle Essary) If anyone is talking to Linda Thomsen, head of enforcement at the U.S. Securities and Exchange Commission, please pass along our message: send a subpoena to us and you know where you can stick it. Jim Cramer at TheStreet.com (OTCBB: TSCM) and Herb Greenberg at Dow Jones (NYSE: DJ) have shown us just how powerful we journalists have become. We’re now above the law, baby, and most definitely out of the reach of SEC enforcement!

And if you have any questions, Linda, just ask Chris, your boss. He’s told the world that no matter what shenanigans we may be up to, as long as we’re part-time journalists, you can use your left-over subpoenas to paper your bathroom, alongside the counterfeit worthless stock certificates the naked short sellers have created for companies like Overstock.com (NASDAQ: OSTK), run by your co-conspirator, Patrick Byrne, or say, Novastar (NYSE: NFI).

Never has being a journalist carried so much clout, and we just can’t wait to take every advantage of it. David Rocker, if you’re listening, that means for the right price (wink) we’ll even sell you 7% to 8% of our media company, and if you like we’ll even install a “journalist” in your offices so it’ll be that much easier for you to help us tidy up any news articles we may write about any of your favorite mismanaged stocks.

The public won’t care. So what if they’ve so far voted 95% at investrendinformation.com that your SEC Chair Christopher Cox should be “rebuked” for rebuking Thomsen.

The public is used to corked bats, slobbered-on pitches, chemically hulked-up bodies, and hey, what’s wrong with cracking a kneecap if necessary to get on a skating team? The public won’t know the difference between short-selling a spiraling company by acquiring or borrowing stock to bet against it, a system that adds to market liquidity, and naked-shorting a stock in an attempt to maximize profits and run a company out of business before it has a chance to recover.

We’ll help them. Every time the subject of naked short selling comes up, we’ll change the subject to short selling and talk about how poorly the company is performing.

The former makes for good markets. The latter is illegal. But, nothing is illegal for us journalists. So, David, here’s our sweetener. We’ll make you a “contributing editor.” No matter that like Cramer, you didn’t go to journalism school. You do the stock counterfeiting, and we’ll take care of the journalism credential counterfeiting and we’ll laugh together all the way to the bank! Now the conspirators, led by Overstock.com CEO Patrick Byrne, won’t be able to touch you either!

We’ve also got a deal for Herb Greenberg, who has continued to stonewall our request for an interview. Herb, write back. You’ll like our plan. In fact, here it is:

We’ll help you set up and distribute a “paid” newsletter, maybe like the one you recently discontinued. We hope it isn’t because you didn’t have enough subscribers, because here’s the good part. We’ll ask the big hedge funds and money managers to buy subscriptions for their employees, clients, friends and family, say at maybe $1,000 a year each; minimum bulk subscriptions, let’s say, will be about 1,000. We’ll keep half a million and you’ll keep half a million for each bulk subscription package we sell. There are lots of hedge funds, and we can even assign a reporter to each bulk subscriber to be sure our subscribers’ “needs” are well-served.

And don’t forget, our reporter can office at their favorite cooperating analyst firms, like yours and Jim's reporter Brian Harris allegedly did at Gradient Analytics, and we can pretty well assure the subscribing hedge funds wont be dissatisfied with the service. If needed, our reporters can even ghost-write the reports, like one of the affiants swore Brian did, saving them some money on using analysts credentialed by the CFA Institute. Now here’s the best part. You can knock some of these severely mismanaged companies in your newsletter. Heaven knows they deserve it. Where was Martha Stewart, for instance, while her company, Martha Stewart Living Omnimedia (NYSE: MSO) was going into the toilet? Off on some vacation somewhere?

Afterwards you and Jim can go on CNBC and talk about how you were trying to save people money and misery by getting them to sell. Never mind that some holders will lose their pensions and health care and their kids won’t be able to go to college. That’s because they bet on bad management, not because our friends and subscribers diluted their holdings by selling stock they never intended to acquire or borrow. What’s a little law-breaking if it’s for a good cause?

Now, follow along with us here. After we knock it in the newsletter, and after our hedge fund subscribers have positioned, you can knock the company in your public column at Marketwatch and Jim can knock it on Mad Money on CNBC and TheStreet.com and our friends will be delighted! It won’t be necessary to disclose to the public that you’ve already written about the company in your newsletter; after all, we’re journalists and it’s not like we shared advance galleys or whatever it was that Winans guy did that got him in trouble (http://www.aim.org/publications/aim_report/1984/04b.html). Helping our friends front-run is not a problem because we’re journalists, and the SEC has already said it won’t touch us.

We have immunity, baby.

Linda, get a real job. We’ve had it up to here with right-meaning, straight-and-narrow enforcement officials trying to be good public servants. That’s old-school.

Now we journalists and politicians are in charge, and it feels good. Bermuda, here we come. We want to visit our money from time to time.

Pssst! Wanna buy some journalist credentials? We can fax your reporter status right over. We can even pre-date them if you’ve already received an SEC subpoena. Tell us what it’s worth to you.

[Gayle Essary, publisher of FinancialWire, actually went to J-School, served as a practicing journalist as reporter, editor and publisher over a four-decade span, and has been a member of the Texas Press Association and National Press Club and was even president of an Austin, Texas chapter of a national journalism society. His credentials are at investrend.com ]

For up-to-the-minute news, features and links click on financialwire.net
FinancialWire is an independent, proprietary news service of Investrend Information, a division of Investrend Communications, Inc. It is not a press release service and receives no compensation for its news or opinions. Other divisions of Investrend, however, provide shareholder empowerment platforms such as forums, independent research and webcasting. For more information or to receive the FirstAlert daily summary of news, commentary, research reports, webcasts, events and conference calls, click on investrend.com
For a free annual report on a company mentioned in the news, please click on investrend.ar.wilink.com
The FinancialWire NewsFeed is now available in multiple formats to your site or desktop, free. Click on: investrend.com


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From: StockDung3/2/2006 10:15:21 AM
   of 1821
 
StockGate: Cox Asked To Resign; Cramer Appears To Sell Stock After Subpoena; Rocker, Gradient Lose Round In Court / FinancialWire®

March 2, 2006 (FinancialWire) (By Gayle Essary) Another day, another onrush of developments in the manipulative trading scandal known as StockGate. First, as voters in the Investrend Poll at investrendinformation.com continue to suggest U.S. Securities and Exchange Commission Chair Christopher Cox should be rebuked for suggesting subpoenas for James Cramer of TheStreet.com

March 2, 2006 (FinancialWire) (By Gayle Essary) Another day, another onrush of developments in the manipulative trading scandal known as StockGate. First, as voters in the Investrend Poll at investrendinformation.com continue to suggest U.S. Securities and Exchange Commission Chair Christopher Cox should be rebuked for suggesting subpoenas for James Cramer of TheStreet.com (NASDAQ: TSCM) and a commentator on General Electric?s (NYSE: GE) CNBC, Carol Remond and Herb Greenberg of Dow Jones (NYSE: DJ) should be shelved, the Houston Chronicle said Cox ?should resign.?

Also, Overstock (NASDAQ: OSTK), whose CEO, Patrick Byrne, is now the alleged ?conspirator? in all the enforcement and regulatory actions, won round one against Rocker Partners and Gradient Analytics, when their squash motion was summarily denied by a judge who all but termed it frivoulous.

The Houston Chronicle article, which asked if Cox is ?inept, spineless or a political hack,? is at chron.com

(FinancialWire, whose publisher, Gayle Essary, wrote a satirical piece yesterday condemning Cox for his actions in this instance, otherwise finds redeeming value in Cox, who appears to be a line of defense against those that would impose taxes on America?s smallest companies and their shareholders, via onerous portions of Sarbox 404.. We believe the Commissioner, coming off surgery, simply overreacted to intense media pressure, not knowing the extent of public distaste for his actions. Thus, FinancialWire is predisposed to opposing the Chronicle, itself doing a little knee-jerking, and we are suggesting if Cox reverses his stand and supports his top enforcement official, resignation talk should cease. The Commissioner?s office is not a one-issue office, and performances should be judged on overall merit, not a single mistake. ? this is a FinancialWire editorial opinion, and not necessarily that of its publisher, Investrend Information.).

Meanwhile a Marin County, California judge ruled that Gradient?s research on Overstock.com is not protected free speech, and Overstock.com is now allowed to go to discovery against Gradient and Rocker Partners. Overstock.com CEO Patrick Byrne said anything he finds will be shared with regulators who have subpoenaed those two firms in a related investigation.

Both Cramer and TheStreet.com were also subpoenaed by the SEC, and since it is believed the subpoena arrived February 6 but not disclosed until he did so on Mad Money on CNBC on February 27, the 12 insider stock sales and option exercises that occurred in the interim resulting in proceeds of over $1 million has raised some eyebrows throughout the financial community.

The transactions are listed at biz.yahoo.com

For up-to-the-minute news, features and links click on financialwire.net

FinancialWire is an independent, proprietary news service of Investrend Information, a division of Investrend Communications, Inc. It is not a press release service and receives no compensation for its news or opinions. Other divisions of Investrend, however, provide shareholder empowerment platforms such as forums, independent research and webcasting. For more information or to receive the FirstAlert daily summary of news, commentary, research reports, webcasts, events and conference calls, click on investrend.com

For a free annual report on a company mentioned in the news, please click on investrend.ar.wilink.com

The FinancialWire NewsFeed is now available in multiple formats to your site or desktop, free. Click on: investrend.com

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From: StockDung3/2/2006 10:28:52 AM
   of 1821
 
On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up
thesanitycheck.com

Location: Blogs Bob O'Brien's Sanity Check Blog
Posted by: bobo 3/1/2006 5:16 PM
NOTE: 9:55 EST - Go read Dave Patch of Investigatethesec.com's new blog, wherein he reveals that Cramer NEVER sold a single share of TSCM stock until after the subpoenas hit - either that, or the counsel for TSCM was lying. Either way, fascinating reading. So Cramer and 4 execs all sold a bunch of stock between Feb. 14 and when they told the public about the subpoenas. Knock knock, SEC? Here's the numbers:

CRAMER JAMES J (Director) 17 $794,510.02

LONERGAN JAMES (President) 12 $1,587,073.90

MOGENSEN LISA (CFO) 12 $1,973,912.72

CLARKE THOMAS J JR (CEO) 11 $3,301,406.94

And in case anyone missed it, go read Gayle Essary of FinancialWire's very funny satirical commentary in his guest blog, as well as Alan Newman's commentary from Crosscurrents.

And last, send this poll result to everyone you know - the vast majority of those surveyed think naked short selling should carry a penalty as stiff or stiffer than counterfeiting or fraud.

----------------------------

“When the rules get in the way of making money, sometimes you have to bend the rules.”

Reportedly said tonight by Jim Cramer, CNBC personality and recipient of SEC subpoena.

---

The last few days have been an eye-opener for many who believed that the NY financial media had any pretense of fairness.

They have been treated to gang-up style interviews on CNBC by guys like Kudlow, blatant grandstanding and demonizing by Cramer, the whole gang of lapdog journalists showing up to say nasty things about Byrne and OSTK, and a virtual news blackout on OSTK’s major victory in Marin County – where a judge ruled that the OSTK suit would move forward, and discovery would be granted.

Not a single one of the NY Media have reported on that.

Folks, this is how the actual world really is. The people you are told represent your interests, and are reporting the news for you, are actually talking heads that are lying to you. They lie by omitting critical data, by pretending that events don’t occur, and by following whatever agenda their big-money masters provide. It has never been more blatant, or obvious. The masks are off, they aren’t even pretending anymore, and everyone now sees and understands that these NY-based personalities are nothing more than footstools for the powers that be on Wall Street.

Again, OSTK’s case against Rocker Partners and Gradient will proceed into discovery – their failed SLAPP defense was tossed by the court, as it should have been.

In more not-so-surprising breaking news, Herb has been on CNBC literally every hour on the hour claiming to be the victim of some conspiracy, and not a single “journalist” or “reporter” has examined why the SEC might be going after him. Not one.

Wild.

I just heard that they are running commercials for Herb to be on tomorrow, to talk more about OSTK. He is being provided unlimited face time to argue his case of victimization.

Where else do we commonly hear the refrain, “I’m a victim, man, I din’t do nuthin?”

C.O.P.S.

That is the number one line of the bad guys when they are pulled out of their cars after a high speed chase, or caught with a gun and a kilo of coke.

I obviously don’t know whether Cramer or Herb or Carol or Rocker or TSCM or Gradient have done anything wrong. But the refrain is troubling.

For the layman at home, I thought I would try to demystify the NY show business aspect of this, by offering a glimpse of some of the behind the scenes goings-on at the television networks, so that the layman can appreciate how much preparation goes into these appearances.

First, Herb, or whoever, goes into the “green room” at the station, to collect his thoughts and prepare for the show.





Next, the guest is taken into makeup, where their clothing is protected using CNBC's stylish new "Mad Money Overalls", and the magic of TV cosmetics are applied.





Finally, a coach, or sometimes even the host, works with the guest to go over general responses.





This isn’t as easy as it looks. A lot of time and effort goes into it. These are professionals, remember, and they have been at it for a long time.

And it is not for the faint of heart. So don’t try this at home…

Copyright ©2006 Bob O'Brien
Permalink | Trackback

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Re: On The Media Feeding Frenzy to Claim Conspiracy, While Engaging in Cover-Up By Wonder Boy on 3/1/2006 5:53 PM
Cramer did say that or something similar but he was referring to his pick of a 'worst of breed' stock instead of his usual 'best of breed' choices and explaining why he was making the switch.

The funniest part, however, (and I just saw the first part of the show) was that he had just the head of a Cramer Doll attached to a lanyard that was around his neck! It looked hilarious! I would love to have 'just his head' to hang in my office, send to Ms. Thomsen at the SEC, send to HG with a note 'saying YOU'RE NEXT!, and some other fun things.

Great graphics!

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Re: On The Media Feeding Frenzy to Claim Conspiracy, While Engaging in Cover-Up By clearthinker on 3/1/2006 5:54 PM
We should start communicating with the sponsors of CNBC. Personally, I will boycott all of them after this insane display of one-sidedness by the so-called "reporters. They have behaved like a lynch mob and refused to discuss the issues. Why did the second in command at the SEC feel compelled to issue subpoenas? They are obviously going after Byrne because they want to confuse the public, and it will work to some extent...bit it is sick. Patrick had it right last Summer wwhen he referred to the "miscreants ball"...and every day we watch them dance on CNBC. They refuse to touch naked shorting (wonder why).....

so be it...the genie is out of the bottle


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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By troydian on 3/1/2006 5:58 PM
keep up the great work!! think about what they would be doing to you ....if you were down...

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By majordanger on 3/1/2006 6:00 PM
"methinks ye doth protest too much"

I wonder what the body language experts would say about these two scurrying cockroaches on TV every hour?

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By rashomon on 3/1/2006 6:04 PM
you guys are right on this one, the coverage by the media in general and CNBC in particular is ridiculous. like carnival acts. all real issues just drowned in nonsense. such hypocricy too -- i hope this causes a backlash against this BS cnbc and street.com "journalism" geared to moving particular stocks (for someones benefit).

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By x. trapnell on 3/1/2006 6:07 PM
One exception on CNBC seems to be Street Signs. Erin Burnett (Ron Insana's sucessor?) chose to feature naked shorting as her main theme, and went out of her way to track down and feature Pat's recommended site of www.locatestock.com. That hour was a blessed island of sanity compared to the rest. Wishful thinking, perhaps, but I sense some frustrated CBNC journalists who are likely sick of Cramer and Greenberg and want a more professional network. Burnett went way up today in my estimation and Quick far down.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By TOTALKNOWLEDGE2006 on 3/1/2006 6:13 PM
I SAY WE RAISE MONEY TO HIRE SOME BODY LANGUAGE EXPERTS TO TELL US ABOUT HANK GREENSLIME AND JIM KRABCAKES ON TV OVER THE LAST FEW DAYS.. LETS DO IT FOR REAL BOB OBRIEN AND SEE WHAT THE EXPERTS TELL US ABOUT THE 2 DIRTBAGS.. IM SURE THEY WILL TELL US WHAT LIARS THESE 2 ARE. I AGREE "ONE DOTH PROTEST TOO MUCH".. ILL DONATE THE 1ST 100.00 BUCKS TO DO IT...

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By Just Someone on 3/1/2006 6:18 PM
Rules? We don't need no stinkin' rules!

etailgifts.com

Courtesy of Chairman Cox

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By Tina on 3/1/2006 6:23 PM
Just like the OJ trial. Go after the cop using the "n" word to deflect the real issue. Unfortunately, it worked.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By rtway1 on 3/1/2006 6:24 PM
I want to preface my statement by saying I am a proud shareholder of OSTK , not only because of the products or the service they provide, but because I see a man that is not only a class gentleman, but displays qualities that I beleive we are loosing daily. Plus he surrounds himself with people of the same makeup. This is entirely my idea to write this, so that some whack says anything different, it is a lie. Today somebody made a suggestion and I acted on it, as I hope more of you will. For all that Patrick and Bob and all the other great people have done, I felt the appropriate action to show my thanks and also help my company, was to go shopping on OSTK web site. The one thing the scum of this cabal want to see, is this business fail. I for one am not going to let it happen. I direct all my family and friends to Overstock for their needs, I hope others will do the same. Again, nobody other than I know I am writing this. Thanks to all of the people on this site also.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By majordanger on 3/1/2006 6:24 PM
We are all baudy language experts now.. god bless the internet

members.aol.com

I gotta go watch for jumping adam's apples on Cramer's show now



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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By Just Someone on 3/1/2006 6:41 PM
This could be cool if if were thrown together with pieces of the pimpin' show.
wimp.com

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By browntrout on 3/1/2006 6:45 PM
So- How much TV time will CNBC allocate to these two slimebags and their friends before someone at the network puts a stop to it. This is non-stoppnig coverage for these turds to continually declare their innocence and trash Patrick and Overstock as the root of their problems and they all declare including Rocker and Gradient that this is some massive conspiracy against them now. HAHAHAHA! They are the ones now wearing the tin-foil hats instead of Patrick, Patch and Bunny. Looks like there are many more involved in this at the network because of the full court press they are all executing daily. I hear your first night in prison is the worst. Crying yourself to sleep, wetting your bed and than Bubba drops in.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By the fly on the wall on 3/1/2006 6:48 PM
Herb is going to discuss the OSTK lawsuit? That would be the one that is going forward. I didn't know that he was involved in it. Maybe he knows something we don't know.

It is not unusual for people to gather the wagons. When the honest guys figure out what is happening, they will be the harshest critics. It is pretty hard to cast off a stand-up guy that you have known and worked with and trust. First, people don't want to believe it and go into denial. The woman that interviewed Patrick must have some serious problems because she tried desperately to put him down. She wouldn't have needed to do that unless she has a vested interest in the outcome. It makes me think of three reasons that she would act that way. She may have an emotional attachment to one of the main players. She may actually know about the front-running and have some skeletons, or she is just incompetent and doesn't realize that she slit her own thoat this morning.

The OSTK and BVF lawsuits and the affidavits are enough to start people distancing themselves from the miscreants. If these guys want to survive, they are going to have to do some serious excising of cancers among themselves. Charlie Gasparino already has it figured out. He isn't going to get caught in any of this. The ones that are sticking to the script have a reason to stick to the script and they are in serious jeopardy. CNBC is going to be the laughing stock of the country. It already is.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By J on 3/1/2006 6:54 PM
... once again thank you to MS Paint for providing the EB with the tools necessary to deliver solid laughs!

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By hwh on 3/1/2006 7:01 PM
Remember: As I said before, they believe what they are saying on TV! There are people you meet every day who believe all is another person or "being's" fault. There are those that accept blame readily, those who prefer not to, and those who can not. We must UNDERSTAND the latter's mentality to remain objective and control our own emotions. Their ability to manipulate the emotions of the masses creates their strength & appeal. The courtroom, juries, & markets in general are all studies in mass psychology....hwh

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By Admiral Ackbar on 3/1/2006 7:03 PM
Some of the journalists that have written about this aren't necessarily co-opted or conspirators, they are only being somewhat lazy by repeating the "byrne is insane, protect the 1st amendment" mantra, because thats what they read. For a journalist it is much easier just to regurgitate a story that they read that do any real digging or come up with an original thought(which can take some time and energy). Before yelling CONSPIRATOR!!! , maybe a polite email suggesting that they take a closer look before jumping to a conclusion.
Although it sounds like they declared all out war on Pat on CNBC( I dont know cause
i don't get cable) in which case all your comments above are justified.
I just think an honest journalist, most of which are very intelligent, would easily see and back our side if they did a little digging. However, many times honest people, myself included, jump to conclusions on stuff we heard and haven't really looked into ourselves. Its a huge timesaver, but very dangerous when people put out disinformation on purpose.
Having said that now, i do want to say, Kudlow is a CONSPIRATOR!

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By rtway1 on 3/1/2006 7:06 PM
That station is so seriously flawed technally it is a joke. Add to that a group of condecending, pompous, wannabe actors and actresses and you have a formula for failure. Nobody gives a rats as about what Becky thinks about any stock let alone Overstock, there is more time spent there trying to be cool rather than reporting, and I beleive that is their job. The one guy on there that seems to try is Charlie Gasparino. He and Cramer had a little a little verbal challenge one day when Cramer in one his displays of his manlyhood threw his chair and Charlie commented that if the thing weighed anything he wouldn,t look so manly. Cramer was pissed.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By rtway1 on 3/1/2006 7:11 PM
I never knew Herb looked so good in orange. He will be the bell of the ball.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By mhelburn on 3/1/2006 7:11 PM
When we have a bias, we tend to jump to conclusions. But we have been so sorely abused by our regulators and Wall Street, it is easy to be less than charitable with these lapdog journalists. They have not only abdicated their responsibility, they have gone to the other side and now are covering up their misdeeds and those of their co-conspirators. It is house cleaning time at CNBC and DJ.

m

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By Wonder Boy on 3/1/2006 7:19 PM
Let's take a bit of a different look at some things.

Now think back for a while and try to remember your first thoughts when you heard the term 'naked shorting'. Conceptually you may have gotten a grasp of what it was, but I will bet that you did not thoroughly understand the flaws in Reg. SHO, what ex-clearing was, what an entitlement was, what a 'fail to deliver' was, blah, blah, blah. I'll also bet that when you attempted to explain it to a friend, you didn't do such a great job and that their eyes quickly got that empty/bored look in them.

We are just in the fledgling stages of getting the attention of the general public, much less having them understand what has been going on. They will tend to believe what they hear time and again, therefore, CNBC wants to control what those folks hear! You can speculate as well as I can, but I have a feeling that their hands are still a bit grimy from the days when Cramer was allegedly (gotta love THAT word!) trading in conjunction with Maria and Joe and Faber.

Let's now look at the physical demonstrations. Byrne speaks in a slow, moderated voice, and attempts to explain things although he must juggle many different topics thrown at him all at once. On the other hand, we have the 'heads' at CNBC, many of whose voices get elevated. Then we get to Cramer and Greenberg who just scream, wave their arms in the air, jump up and down, etc. Kudlow is just in a class of his own. It does seem that CNBC will distort, misdirect, and just simply pound the fact into viewers minds that 'shorting is GOOD for the market', 'it does no harm', blah, blah, blah. Sounds like the SEC!

For them to do so much talking is good. They must be worried.

Keep writing the letters, making the calls, and EXPLAINING the situation. It will be a fight, but we have a chance.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By cynabear on 3/1/2006 7:24 PM
HWH is pointing out the sociopathic personality types of the people we are up against, they do Believe in their own lies and that the end justifies their means and that life is a game and they can make up any rules they want to....i would assume all evidence that c an be shredded has been, all computers have been professionally cleaned and expensive wine is flowing as they are all congratulating themselves on how this too shall pass...

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By Admiral Ackbar on 3/1/2006 7:25 PM
I totally agree mhelburn, and we all have a right to be stark raving mad at these criminals( especially considering the personal attacks you have gone through) But I don't believe every journalist that doesen't immediately side with Patrick is co-opted. Think of how pissed those journalists will be at their colleagues who are putting out the disinformation when they realize the truth. They WILL call those journalists flat out criminals when they realized they were played with bias and disinformation, and not let up untill they are taken to task for lying. And that is great press.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By dave on 3/1/2006 7:52 PM
For new readers, here are some names who are connected with the dark side.

Sith Lord: Master Manipulator (initials M.M.)
SAC: Steve Cohen
Rocker Partners: David Rocker, Marc Cohodes
RAM Partners: Jeff Mathews

Dow Jones
Marketwatch: Herb Greenberg
Wallstreet Journal: Jesse Eisenger
Forbes: Elizabeth Macdonald
DJ Wire: Carol Remond AKA Redmond
Barrons: Cheryl Strauss Einhorn

TheStreet.com, CNBC
Jim Cramer

NY Post
Roddy Boyd

NY Times
Joe Nocera

Business Week (now independent)
Gary Weiss

Blog
Mark Cuban

Regulatory
Elliot Spitzer
Senator Shelby


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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By Paladin on 3/1/2006 7:54 PM
How about some complaint letters to GE headquarters, CNBC's parent company, filling them in on how sorry the station is looking, etc.? Mention everything. Remind them of CBS and the Rather debacle and how it looks like CNBC is going to be raked over the coals. And include links to this site.

Naw.... on second thought, let 'em roast.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By x. trapnell on 3/1/2006 7:56 PM
Dave: for your list don't forget to include Bill Alpert of Barrons. Remember his rousing "defense" of Marc Cohodes against the supposed depredations of our very own EB?

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By dave on 3/1/2006 7:57 PM
These reporters constant denial of wrongdoing are going to give this issue more exposure than we could dream of.

At the first level, we want to get rid of corrupt reporters, research reports and manipulative hedge funds.

The real power is with the people who invest in the dirty hedge funds and who own the DTCC.

They will sacrifice the Cramers, Greenbergs, Cohen's and Rockers to keep the real story from exploding. The real story is that the central depository allowed more than one person to own each share they held. This is a massive breach of trust that they want to keep covered up.

This is a variation of cover up number 9, where they admit to some stock manipulation without admitting the settlement system is rotten to the core.

9. Come half-clean. This is also known as "confession and avoidance" or "taking the limited hang-out route." This way, you create the impression of candor and honesty while you admit only to relatively harmless, less-than-criminal "mistakes." This stratagem often requires the embrace of a fall-back position quite different from the one originally taken.


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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By dave on 3/1/2006 7:58 PM
x-trapnell:

I'll add Bill for next time - I'm sure I missed others.


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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By dave on 3/1/2006 8:04 PM
Standards for guests on CNBC:

moneycentral.msn.com

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By Legal Eagle on 3/1/2006 8:11 PM
James Cramer, individually, didn't sell any shares of TSCM. All sales were by James J. and Karen L. Cramer Family Foundation. Get your facts straight next time Boob.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By dave on 3/1/2006 8:22 PM
Tell that to a jury of ordinary investors. They will see Cramer gives directions to the trustee and is beneficiary of the assets of the trust and won't be too concerned about technicalities re: ownership.

All they will see is that they were buying shares when his trust was selling based on material insider information and that trust money was spent on his lifestyle.

It's easy to lie with technicalities. "Bobby, did you take a cookie out of the cookie jar?"

"No mom."

(Hee, hee, I didn't take "a" cookie. I took two cookies!)

It's still lying and only someone without a moral compass would fail to see that.



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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By rtway1 on 3/1/2006 8:36 PM
Don,t let your lyin eyes fool you brother. Does that phrase bring back memories. You people have been living in the land of lies for so long, that reality has no place in your lives.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By taseraire on 3/1/2006 9:10 PM
Legal Eagle,

Unfortuneately, Jim's own SEC Form 4 filings disagree with you. The name on the on the forms is his alone. You have to be pretty exact in filling out those forms. Most of them in Feb are only in JJC's name

form4oracle.com

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By taseraire on 3/1/2006 9:14 PM
Note comments 2 and 3 on this form 4. This is an options exercise of options that don't expire for another year (so no excuse there). The notes are explicit that while there were 100K shares sold for the trust, these ain't them.

sec.gov

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By rtway1 on 3/1/2006 9:36 PM
I find this blog site funnier than my local daily comic section, I am getting addicted to waking up looking for more early morning humor, keep up the graphics they are priceless. I hope you got my E-mail from the TSCM earlier, I know your busy, hope I am not overloading. Some pretty funny stuff in there about the temprament of little Napoleon.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By bobo on 3/1/2006 9:41 PM
I have been getting, on average, 4 to 5 emails per minute for 10 hours per day.

Thank goodness for gmail.

Don't take it personally if I can't respond to all of them.

I too enjoy the cartoons - they make it more human. But they take a little time to do with a mouse, and I have to be in the mood. I have 4 other projects right now that are sitting ignored, so you can expect a bit more of a slowdown over the next week - maybe only one of mine every other day.

Between Dr. Decosta, and Dave Patch, and Mark Faulk, and Bud, and Alan Newman, and our other contributors, we have more info than we can handle. We are blessed in having an abundance of talent and vision here. What an amazingg 2 months it has been. Not even two. Wow.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By Legal Eagle on 3/1/2006 9:47 PM
Taseraire, I suggest you take another look at the Form 4s. Yes JJC name is on it because he controls the Foundation. BUT, these were not personal shares. Secondly, receiving an SEC subpoena for documents IS NOT the same as being the subject of a formal SEC investigation. Being asked to produce documents in an investigation in which you are not the subject, is not a matter which requires immediate disclosure. No laws have been broken here, and nothing will come of the sale of TSCM shares.

sec.gov

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By taseraire on 3/1/2006 9:54 PM
Legal,
Like I said, on the last form 4 I directly posted, Notes 2 and 3 are clear that those options exercises are not part of the 100K shares that were sold for the foundation.

But don't let being told twice to read the fine print get in the way of your spin.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By Herd Greenturdht on 3/1/2006 10:07 PM
Herd Greentudht's Frontrunning Check Newsletter here! Taking nominations for worst front runner of the year in my next column. Who's going to win? Subscribe to my newsletter, if you do and need some help in return, I'm open for business baby!

Meanwhile, back at the FUD Ranch, subpoenas and SEC talk flying around Gradschool Analytics, Rocked Pardners, Doubt Jones, and JJ Kreamer...calls to these emotional nutcases were not returned. What else are they hiding?

I call them like I see 'em. Or how my paying subscribers see 'em.

Cheers!
Herd.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By clearthinker on 3/1/2006 10:23 PM
Legal Eagle - please comment on Jim Cramer being served Feb 7...then selling large blocks of TSCM..and THEN telling the public he received the sub......

If I were a shareholder of TSCM...I'd be throwing more than chairs

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By bobo on 3/1/2006 10:35 PM
Legal: Whether or not this is a trust/foundation issue is largely irrelevant to the central question of whether this hints at impropriety. I am open to correcting my statements if there is definitive proof that they are wrong - I am bound to get some wrong, being only human, and don't wish to mislead my readers. Post a link or send me an email at ncans.mgr@gmail.com and you will find me most responsive.

Contrast that to Reuters still having the wrong URL even after countless emails demanding correction from a variety of sources - 14 hours later. Apparently a humble bunny blogger surpases the standards of the NY press 100% of the time, at present.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By whosyouruncle on 3/1/2006 11:12 PM
Two weeks ago, who could have envisaged all the airtime hours CNBC is devoting to insulate Cramer and Greenberg from their involvement in an alleged hedge fund - research - reporter stock manipulation cabal, the repercussions from which threaten an ever-widening blotch on their and CNBC's escutcheons? Or their increasing mention of "naked shorting", even if blurred with legal short selling? Also. the number of non-Wall Street and west-of-the Hudson river articles and blogs that see through the charade?

In fact, the speed and momentum of this emerging publicity could not have been bought, and we should all be thankful that CNBC's legal advisers think this is money well spent. At some point CNBC will have to distance itself from Cramer and Greenberg. Am I correct in seeming to notice larger and more extensive disclaimers about Cramer's selections and comments being his own, and not CNBC's, even in spots other than Mad Money?



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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By INTheKnow on 3/2/2006 12:51 AM
To the staff at CNBC:

CNBC and other reporters still, after being told by Patrick Bryne countless times that he is not, and has no qualms with short sellers , don't get it!

This is not about short selling this about "NAKED SHORT SELLING", counterfeiting stock, duping the public by selling them the Brooklyn Bridge.

Are CNBC reporters BRAIN DEAD! They certainly act and report that way. Either they have to be the dumbest collection of reporters or the have the heads in the sand!

Wake up reporters! This is about "NAKED SHORTING", i.e selling stock you never borrow and never have any intention of borrowing or deliverying and which the buyer has the gotten NOTHING! (THE BROOKLYN BRIDGE). GET IT YOU IDIOTS?

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By mfairview on 3/2/2006 2:48 AM
Bob, for contrast, you should put Martha Stewarts numbers next to the TSCM's Execs.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By settle the trades on 3/2/2006 3:04 AM

Interesting Article

What are the writers really writing?

lxer.com


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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By ZZZZZZZZZZZZZZZZ on 3/2/2006 5:00 AM
The subject matter was extremely technical, and near the end of the argument
High Court Tackles Political Boundry Case

Justice Ruth Bader Ginsburg dozed in her chair. Justices David Souter and Samuel Alito, who flank the 72-year-old, looked at her but did not give her a nudge.

news.yahoo.com


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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By Niel Storts on 3/2/2006 5:40 AM
So. The thing for all of us to do right now is get in touch with the sec and file a complaint about the blatant insisder trading.

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locate stock dot com website By long_ostk on 3/2/2006 5:42 AM
Anyone know why Dr. Byrne was promoting this website? The founder of that company was on CNBC later in the day touting that if someone wanted to short OSTK that his company could find shares available for sale.

I dont get why Partrick would promote someone that is helping people short his stock? Anyone have any ideas?

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By Patchie on 3/2/2006 5:45 AM
Legal,

1. Exercising Options by selling the shares is a sale. Executives receive a large percentage of their salaries in Stock Options. Cramer took cheap stock and sold it and did so at a very opportune time.
2. The stock in those Trusts were originally shares he held and transferred over. While he personally may not have received the cash, his family members did by selling shares of stock he once owned and shares he was managing for these trusts.

If you go to my Blog the Goldstein memo clearly states that Cramer never sold shares Directly or Indirectly. The Trusts are the Indirect and this now shows he did.

BTW..Did you notice how several exec's exercised their options on the same day the Company put out a press Release on a Dividend?

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By dave on 3/2/2006 5:49 AM
"asked to produce documents in an investigation in which you are not the subject,"

Legal Eagle, do you know that Cramer is not a subject of the investigation? Is that public info. somewhere or have you seen the subpoena?


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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By taseraire on 3/2/2006 5:50 AM
patch,
legal's just pointing out the fact that as of the letter date from Cramer's "I'm calling my mommy" laywer is dated before the first sale.

That doesn't make what happened at TSCM with Cramer and their whole staff dumping shares after the "buyout rumor", probably started by the same people started the "Taser is stuffing the channel" rumor that got the SEC on their unoffiical back for most of last year for no reason except a hedge fund manager making a profit on lies.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By leonofus on 3/2/2006 5:54 AM
come on now, He is very charitable. He's got to scam a little on the side. You people are grasping at straws. JC is a great American, and if you could ask him, he'd tell you.

These cretins will start selling each other down the river like the criminals in a 1940's film noir B movie.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By Patchie on 3/2/2006 6:06 AM
Legal,

The difference between an "informal" investigation and a "formal investigation" is subpoenas. In the case of TASER, the investigation was "informal" for 9 months where subpoenas were not necessary and TASER complied with requests. Sometime in September it went formal and subpoenas were probably served.

The investigation into Gradient was informal and maybe based on the subpoenas it went formal.

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Re: On The Media Feeding Frenzy to Tout Conspiracy Theories, While Engaging In A Cover-Up By hemingway811 on 3/2/2006 6:34 AM
Bobo,

You wrote ".....where a judge ruled that the OSTK suit would move forward, and discovery would be granted." Do you have confirmation that discovery will proceed, despite an appeal being filed? I ask because someone posted a recent Ca. Supreme Court decision suggesting otherwise.

casp.net

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Doggerel


This section has been added for all the bright young men and women who can do no better than to clog the thread, insult, hurl feces, snarl, gnash their teeth, etc.

I object to censorship, which the likes of Gary Weiss and Jeff Mathews seem to revel in, thus instead of censoring, I will commit the "important work" of these brave few to the new Doggerel Section of the Forums, so that everyone can get an up close and personal look at what passes for intelligence and debate in their corner of the world. Thus, in the spirit of allowing the cloggers and foul mouths to have their arena, this new section of the Forums area has been created, wherein all the heaviest of the human waste can sink to the bottom at their own speed and under their own power - look for Doggerel under General Discussion.

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We have a winner!!! Our first spectacularly poorly written and reasoned entry, from the ever venomous Cupandsaucer, who spends much time on the Yahoo boards touting the questionable wit and wisdom of Gary Weiss - almost vocational in his dedication, one could say. Read his first contribution to doggerel - it is very typical of the breed. I removed the link to the blog he is touting, otherwise it is all there, with my comments added for a little seasoning. Thanks, cupandsaucer - you're a real gem.

All further clogging will be relegated to the Doggerel Forum - remember, if you are incapable of polite discourse or on-point debate, you have a home. A HASMAT suit is advisable for readers - the smell is something else...











Share RecommendKeepReplyMark as Last Read


From: StockDung3/2/2006 10:29:52 AM
   of 1821
 
Cramer Never Sold Stock before Subpoena - Proof Inside
Location: Blogs Dave Patch's Blog
Posted by: dpatch 3/1/2006 5:46 PM
Jim Cramer Never sold stock until ….. Subpoenas were served and I have the proof …or the lie.

thesanitycheck.com

This dialogue comes through a response between myself and TheStreet.com as they were attempting a lawsuit for defamation for saying nasty things about poor old Jimmy. It is amazing what people say that they will regret later.



Without further adoo.....





From: Jordan Goldstein [mailto:Jordan.Goldstein@thestreet.com]
Sent: Saturday, January 07, 2006 2:44 AM
To: David Patch
Subject: Re: STOCKGATE TODAY: Regulation SHO; Results Leave Questions More than Answers (corrected)



The filings are accurate -- perhaps you're confused by the definition of beneficial ownership as used in proxy statements. Also, Form 4s have not always been electronically filed -- that is a relatively recent requirement. I suggest you read the filings carefully -- it is not my job to do your research for you.

I don't know any more ways to tell you that you are wrong. Cramer has not, directly or indirectly, SOLD any shares of TheStreet.com. As I indicated previously, he has transferred shares to various trusts, but the indirect beneficial ownership is still his, I believe. He has two young daughters and has done some estate planning. But I am not his personal attorney and I do not have details. They're most likely private anyway.

You seem to have this turned around in your head. If you have evidence that he has sold and not reported it, then go ahead and print it, if you're sure it's right. But if it's not true, you'll be in more hot water.

As for the rest of your email, again you have it backward. You are the one who attacked the character and integrity of Cramer and our other employees. Your attack was distributed far and wide over Factiva. My response was in a private letter to you and your publisher, Investrend. It contained a strong defense of those you have attacked. I did not choose to publish it to the world; you have your publisher to thank for that. In my experience, these things are dealt with in a very different way, with a private exchange of correspondence, often hostile (these disputes are rarely nice), some phone calls, and then a correction of the offending matter, if warranted. Never have I seen things forwarded to other parties and posted on message boards, etc. If you don't like the tone of this dispute, you have only yourself and your so-called allies to thank.

I sincerely hope you learn something from all this.

Jordan Goldstein

Jordan Goldstein
Vice President and General Counsel
TheStreet.com, Inc.
14 Wall Street
New York, NY 10005
Tel: (212) 321-5475 (direct)
Fax: (212) 321-5013
jordan.goldstein@thestreet.com



So if Jimmy never DIRECTLY or INDIRECTLY sold a share of TSCM, what is he doing selling stock ( finance.yahoo.com between a subpoena and dissemination that a subpoena has been served not only to him but to the company itself?



Such a coincidence. Over five years and not a share. Now, in the midst of a potential catastrophy, a few well placed rumors, and the doubling of the stock value shares of TSCM are flying off the shelves of insiders and large shareholders alike.



The memo speaks to itself I cannot do any more justice than that of the General Counsel of TheStreet.com.



Hell is near, I know it, I can smell it, so lets make some money!



I sincerely hope Jimmy learns from this experience. LMAO


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Re: Cramer Never Sold stock before Subpoena - Proof Inside By jcline on 3/1/2006 5:53 PM
Dang.....There is that sound again.................

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By eager on 3/1/2006 6:15 PM
This sounds exactly like the same thing the SEC got Martha to begin with. Wonder if someone else will make the same mistake by purgery. They say history repeats itself.JMHO

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By rtway1 on 3/1/2006 6:51 PM
Dave I went back in hitory by using big charts.com and used their profile section and kept hitting MORE on bottom of page and it brought me back to all kinds of stories and articles about Jimmy and Herbie and the company. I got all the way back to 1999. Cramer has had his share of embarassing moments and some of his business acquaintances really disliked him and wrote books about it. This company smells like left out week old beef. However it was quite amusing shows his arrogance and contradictions. I think all shoul take a stroll down memory lane and read about this prestigous company that went from $70 a share to $2 in a couple of years, and stayed in the 2 to 4 range for years.

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By Mark Faulk on 3/1/2006 6:52 PM
Patch....my offer to buy you a few rounds anytime you're in the Midwest has a lifetime, no expiration guarantee. You are a unique individual,and I have to confess that having you in our corner is a big part of what makes me feel secure in our crusade. I know you'll laways have the facts to back up anything you say....unlike a few (Greenbeg) unamed (Cramer) individuals (Remond) who can't seem to back up any of their rhetoric.

And my email suggestion to you to send this info to the SEC with the heading "Remember Martha Stewart?".....I was serious.

Our country owes you a debt of gratitude.

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By Patchie on 3/1/2006 6:57 PM
Mark,

The mid-west is kinda funky for me, how about a neutral zone like....Mexico, Bahamas, Hawaii? Some place warm that a beer really is a beer.

This Cramer thing is one sad state of affairs however. It will be submitted to the NASD and SEC in a formal complaint. Let them figure it out.

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By Patchie on 3/1/2006 6:59 PM
rtway,

Most in the business HATE cramer including CNBC folks. He doesn't take the job seriously, he is arrogant, and well...they just hate him. Unlike us, they just can't take that hate public. GE won't let them. the whole TEAM thing and all.

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By Mark Faulk on 3/1/2006 7:07 PM
Don't you mean "the whole RATINGS thing and all"? Cramer is the Howard Stern of CNBC....and that's NOT a compliment.

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By ajchin on 3/1/2006 7:09 PM
Cramer is an arrogant stock manipulating crook..He thinks having a Harvard law degree is a license to fool people..no more ..he is soon getting orange suits with a new email ID JIM_CRAMER@FED_DETENTION.GOV

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By browntrout on 3/1/2006 7:18 PM
I think ya got it right Patchie! Now someone needs to prove how they pumped the buy-out rumor and what puke hedge funds and firms are supporting the stock so they don't look so bad now that the news is out. First Gradient/Rocker gets investigated by the SEC. He sells. Jimbo and TSCM get subpoenas and they sell. No announcements to the public? They will claim it is not material but if I owned shares I would file a complaint immediately. Being a political animal maybe Cox at the SEC will start making the right decisions before he destroys his own career. Throwing out Rocker, Cramer and Herb might be the politically correct thing to do now Who knows? All we can do is keep pressing.

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By Patchie on 3/1/2006 7:23 PM
browntrout,

The fun for us has just begun. Years of misery wil be replaced by having our way on the devils own soul

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By dave on 3/1/2006 7:30 PM
Mark and Dave, let's plan a celebration party somewhere warm in the fall, once the share counterfeiting has been cleaned up.

I'm serious - let's make that our goal. Kind of like our own self fulfilling prophesy. I've also followed this for about six years and am sick of waiting for someone else to fix it. Everyone on this site has to do their part to ensure this is fixed in the next couple months.

Dave Patch, you were a lone voice in the dark for a long time and we all owe you a debt of gratitude. Now the snowball's rolling and she's gaining a momentum that is hard for anyone to stop.

Each new voice: Bud, Jim, Mark, Mary, Bobo, Patrick and the various lurkers here has made the movement stronger and there are going to be more voices added every day.

Mark, I first read your terrorism post when the SEC cancelled the NASD rule THAT WAS WORKING!!! I like your writing on this and other subjects.


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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By Patchie on 3/1/2006 7:36 PM
Dave,

You have a timeline. That is good. that was the only piece of teh pie missing.

Lets party - start thinking of some warm climates.

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By Admiral Ackbar on 3/1/2006 7:44 PM
Maybe we can find a TSCM shareholder and have them file a lawsuit ala Millburg Weiss.
That would be a justifiable riot.

BTW as a flatlander myself I have to confess there are some great local midwest brews..

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By Patchie on 3/1/2006 7:49 PM
midwest itself ain't bad - sister in Iowa - it is the weather. boston/mid west this time of year sucks. brews are to be drank with Bikini's in view.

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By dave on 3/1/2006 8:16 PM
I'd like to go somewhere nice and spend some of our short squeeze profits as share prices return to a level that reflects true supply and demand. A blog on where we should party might really help people crystallize the goal.

The rate of new blog posts is increasing, the rate of comments is increasing, news coverage is increasing, regulators are investigating and lawsuits are flying. It's looking good, but now is the time for everyone reading this to poll out the stops. Now is not the time for us to be complacent.

The most important thing we can do is tell other investors and spread the thesanitycheck.com URL. Post it to every stock board you can find and consider putting it in the signature line on your outgoing emails.

New voices and new blood will give us even more strength.


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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By rtway1 on 3/1/2006 8:20 PM
I honestly beleive Cramer has a little man complex or Napoleon complex, and i ain,t a shrink. But watch him when some female says he is cute or manly and he looks like a Ciallis commercial. I think in so many words he,s nuts. But a cunning and hurtful nut with no scruples. Pattch you got a great outlook man. Mark get to bed and finish that book.

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By tbs_theman on 3/1/2006 8:30 PM
Dave

Another good job. Tic...Tic...Tic..

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By LegalEagle on 3/1/2006 8:43 PM
The e-mail from TSCM general counsel is dated 1/7/06. The sales were not made by JJC, individually, but rather, from the James J. and Karen L. Cramer Family Foundation, and were made after this date. Much Ado About Nothing. Is this the best you can come up with on JJC? Little League stuff, really.

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By Mark Faulk on 3/1/2006 8:50 PM
"Get to bed and finish that book"? Sounds like someone who knows me all too well.

Dave.....it was 90 degrees here in Oklahoma today, I could have put on my bikini and had a couple in the backyard if I wasn't so busy.

On a serious note, we do have them on the ropes here, and I agree, this is definitely not the time to be complacent. We have to take them out while it's in the headlines. I've seen too many issues come and go with no more than a lot of posturing while it's newsworthy, and then nothing concrete happened to resolve it after the show is over.

Okay...I'm going to bed now, and this is early for me.

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By lenofus on 3/2/2006 3:09 AM
Yesterday morn, Joe Kiernen looked like a man who knew he lost his job. They resented Cramer, and now JC and his buddy are going to take down a whole network. That is about the best thing they ever did, because it sucks.

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By Patchie on 3/2/2006 3:36 AM
LegalEagle,

What part of Directly or Indirectly do you not understand. The memo states he sold neither. Now this may be walking a fine line here but, Cramer excersises options and sells. He could have purchased those shares but no, he sells. that is the sale of securities. Cramer takes other securities he OWNS, transfers them to his kids, and then sells them in their name. Gee, that is not selling either.

What I find amusing in all this is that the Executives of TheStreet.com and the number 2 shareholder are ALL dumping shares at a time where some 'rumor" comes out that nearly doubles the stock. The rumor of course has died down, and the selling needs to occur so....why not issue a dividend. That gets buyers into a stock.

What day did that news come out - Feb. 21. Did you look at all that selling from insiders after Feb. 21st? Notice how the stock jumped on teh news as did the volume.

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By stormchaser on 3/2/2006 6:05 AM
Oh my...It aint fun being in a 15x10 cell with bubba......

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Re: Cramer Never Sold Stock before Subpoena - Proof Inside By jcline on 3/2/2006 7:07 AM
Mark.... "The mid-west is kinda funky for me"...

damn Yankee's

ROTFL!

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From: Rutgers3/2/2006 4:20:58 PM
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I sold weeks ago, but the stock has been relatively strong despite some recent insider sales.

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From: StockDung3/6/2006 9:39:18 AM
   of 1821
 
StockGate: Speed Bumps In ?Jihad-Land? As Biovail Stalks Analysts; Byrne Sr. Cools On Overstock ?Distraction? / FinancialWire®

March 6, 2006 (FinancialWire) While not legal setbacks, such as Gradient and Rocker Partners suffered this past week, allegations that Biovail (NYSE: BVF) has been hiring private investigators to empty the trash of analysts, and a news report that Overstock.com?s (NASDAQ: OSTK) Chair Jack Byrne is at odds with his son, CEO Patrick Byrne over time being spent on a ?jihad? against market manipulators, left the opponents of naked short selling scrambling to deal with their own public relations problems.

March 6, 2006 (FinancialWire) While not legal setbacks, such as Gradient and Rocker Partners suffered this past week, allegations that Biovail (NYSE: BVF) has been hiring private investigators to empty the trash of analysts, and a news report that Overstock.com?s (NASDAQ: OSTK) Chair Jack Byrne is at odds with his son, CEO Patrick Byrne over time being spent on a ?jihad? against market manipulators, left the opponents of naked short selling scrambling to deal with their own public relations problems.

Biovail, which alleges more than a dozen public companies have been similarly harmed by what it terms sham and collusive research between Gradient, Rocker and SAC Capital, including Krispy Kreme (NYSE: KKP), was said by Roddy Boyd of the New York Post to have hired private investigators represented by Mitchell R. Schrage, Esq., to take the trash of former Banc of America (NYSE: BAC) analyst Jerry Treppel, with whom it has a long-running feud, and Bank of America analyst David Maris, whose wife was allegedly ?repeatedly followed? whenever she left her home in suburban New Jersey.

The investigators were apparently questioned by New Jersey police.

Other companies cited by Biovail as having potential causes of action against Gradient and one or more hedge funds include AstraZeneca, (NYSE: AZN) Avon Products (NYSE: AVP), Baxter International (NYSE: BAX), Netflix (NASDAQ: NFLX), Novastar (NYSE: NFI), Celgene (NASDAQ: CELG), Cardinal Healthcare (NYSE: CAH), Intermune (NASDAQ: ITMN), Biolase (NASDAQ: BLTI) Take-Two Entertainment (NASDAQ: TTWO), King Pharmaceuticals (NYSE: KG), Swift Transportation (NASDAQ: SWFT) and Taser (NASDAQ: TASR).

The senior Byrne told a reporter that he is considering stepping down as chair of Overstock.com, but would remain on as a director. He intimated that he did not want his business disagreements to come between himself and his son on a personal basis.

CEO Byrne, for his part, showed no indication over the weekend of backing away from his very public efforts to bring what he terms miscreants to justice, although much of the press continues to portray his actions as a ?cover? for poor company performance and actions against ?analysts? in general rather than one particular firm and its hedge funds clients and selected ?journalists? that are now themselves under investigation by the U.S. Securities and Exchange Commission.

SEC Chair Christopher Cox said the subpoenas for the journalists, James Cramer, founder of TheStreet.com (NASDAQ: TSCM), and host of CNBC?s ?Mad Money,? Herb Greenberg, formerly with TheStreet.com when the activities being investigated are believed to have taken place, but now with MarketWatch, a Dow Jones (NYSE: DJ) unit, and Carol Remond, a reporter for the Dow Jones Newswires, are on ?hold? while the Commission comes up with a new ?policy? over the next two weeks.

A former high-placed staffer at the SEC has told FinancialWire that the SEC has some serious morale problems at the staff level over this incident, but that in the end, ?there is no question but that the subpoenas will prevail.?

A poll conducted at investrendinformation.com showed that 96% of those voting in the financial community support the SEC enforcement staff over SEC Chair Christopher Cox, and believe that Cox should be ?rebuked? for interfering.

The Depository Trust and Clearing Corp., meanwhile, is part of an investigation by state regulators over its perceived role in naked short selling, specifically what a former board member calls an ?endemic? of fails-to-deliver.

For up-to-the-minute news, features and links click on financialwire.net

FinancialWire is an independent, proprietary news service of Investrend Information, a division of Investrend Communications, Inc. It is not a press release service and receives no compensation for its news or opinions. Other divisions of Investrend, however, provide shareholder empowerment platforms such as forums, independent research and webcasting. For more information or to receive the FirstAlert daily summary of news, commentary, research reports, webcasts, events and conference calls, click on investrend.com

For a free annual report on a company mentioned in the news, please click on investrend.ar.wilink.com

The FinancialWire NewsFeed is now available in multiple formats to your site or desktop, free. Click on: investrend.com

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From: StockDung3/6/2006 10:15:50 AM
   of 1821
 
StockGate: Here?s What You Can Do With My Restaurant Check; And Shove My Cleaning Bill While You?re At It / FinancialWire®
March 6, 2006 (FinancialWire) ?(By Gayle Essary) ? As the U.S. Securities and Exchange Commission ponders the fate of journalists it has subpoenaed over an investigation into the manipulative trading scandal known as StockGate, and as SEC Enforcement Chief Linda Thomsen awaits new guidelines before proceeding, there is one enduring image that will be difficult for any of them to ignore

March 6, 2006 (FinancialWire) (By Gayle Essary) As the U.S. Securities and Exchange Commission ponders the fate of journalists it has subpoenaed over an investigation into the manipulative trading scandal known as StockGate, and as SEC Enforcement Chief Linda Thomsen awaits new guidelines before proceeding, there is one enduring image that will be difficult for any of them to ignore; that of media star James Cramer writing ?BULL? on his subpoena on live TV and arrogantly tossing it to the floor.

Cramer, founder of TheStreet.com (NASDAQ: TSCM) and host of General Electric (NYSE: GE) unit CNBC?s ?Mad Money,? shocked the financial world and most legal observers with his action while interviewing Herb Greenberg, formerly of TheStreet.com, and now a columnist for Dow Jones? (NYSE: DJ) MarketWatch unit, who along with Dow Jones reporter Carol Remond had also received subpoenas. It was part of a rant against Overstock.com (NASDAQ: OSTK) and others he believes to be behind a ?conspiracy? out to get him and ?journalists.?

FinancialWire has seen some ?interesting? live emails between Overstock CEO Patrick Byrne and Cramer, and the irrepressible Cramer recently wrote FinancialWire a dozen times in a single session over various perceived wrongs He is unabashedly a flash point.

Neither General Electric nor CNBC have so far commented on the Cramer ?performance,? nor said whether they believe it is appropriate for a public person and show host to use their airwaves to ?disrespect? an enforcement proceeding.

One thing is certain. When it was over, CNBC?s own poll for Kudlow and Company surprised Larry Kudlow, the host, when over 80% solidly supported the ?journalists?? subponenas, and possibly SEC Chair Christopher Cox, who afterwards did at least a 90-degree turn from his previous reaction to the subpoenas. A poll at FinancialWire went further, saying an almost unanimous 96% of investors who voted believed Cox should be ?rebuked? for failing to support the subpoenas and his enforcement division.

This whole episode was discussed in the line at lunch this past week at the Wall Street Analyst Forum, co-sponsored by Investrend Forums (http://www.investrendforums.com), a sister division to Investrend Information (http://www.investrendinformation.com), which publishes this newswire.

The comments from attendees had by then long passed serious tone.

One money manager said he planned to pull a ?Cramer? with his restaurant check. ?I?m going to write ?BULL? on it and throw it on the floor,? he laughed. An analyst said she was expecting a pretty large cleaning bill, ?and I hope it?ll work there.?

A merchant banker, who preferred to be anonymous, said ?doing a Cramer? with his IRS form is ?certainly a preferable action over the alternative,? which would be paying his taxes.

There were plenty of emails flying around over the subject, as well.

Mark Faulk, of faulkingtruth.com, a site that is opposed to illegal market manipulation, clinched the argument: ?Yeah well, I started throwing EVERYTHING on the floor after I saw Cramer ... dishes, food wrappers from Taco Bell, dirty clothes, it's liberating as he(ck), but I keep tripping over (stuff).?

No one suggested, however, doing it with a subpoena. ?At least not while they?re (regulators) watching,? one said.

For up-to-the-minute news, features and links click on financialwire.net

FinancialWire is an independent, proprietary news service of Investrend Information, a division of Investrend Communications, Inc. It is not a press release service and receives no compensation for its news or opinions. Other divisions of Investrend, however, provide shareholder empowerment platforms such as forums, independent research and webcasting. For more information or to receive the FirstAlert daily summary of news, commentary, research reports, webcasts, events and conference calls, click on investrend.com

For a free annual report on a company mentioned in the news, please click on investrend.ar.wilink.com

The FinancialWire NewsFeed is now available in multiple formats to your site or desktop, free. Click on: investrend.com

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