Prize

........... Recipient of the 2010 MacDougal Irving Prize for Truth in Market Manipulation ...........

January 29, 2011

The Battle of Shilo

    We’ve got the stuffed-passage post-nasal drip-drops, and inside our head Armies of the Tennessee and the Ohio are recreating the Battle of Shilo with the Army of the Mississippi.  We’ll offer the following segment from a press release without comment as anything coming out of our mouth the last few days shouldn’t have and recording for posterity what’s going on with this Civil War medical condition from Hell would surely provide the kind of opportunity to drop a few juicy ones in that has to be resisted by all loyal citizens if the Republic is to survive.


    Overstock.com Proceeds with Amended Complaint that Includes Racketeering Claim against Goldman Sachs and Bank of America Subsidiary Merrill Lynch.

SALT LAKE CITY, Jan 27, 2011 - Overstock.com, Inc. (Nasdaq: OSTK) today announced that it filed its amended complaint against defendants Goldman Sachs and Bank of America subsidiary Merrill Lynch.  The amended complaint includes a claim under New Jersey’s Racketeer Influenced and Corrupt Organizations (RICO) Act.  Civil RICO claims carry the possibility of treble damages.

    Overstock.com announced in December it had applied to the court to allow the RICO claim.  That amended complaint has now been filed, and Goldman Sachs and Merrill Lynch have 30 days to answer or challlenge the amended complaint.

    Jonathan Johnson, President of Overstock.com, stated, “Goldman Sachs and Merrill Lynch and some of their market maker clients agreed to and created a scheme to effect the naked short selling in our securities in order to drive down the price of our stock to their mutual profit.  It’s nice that neither Goldman nor Merrill Lynch contested our motion.  We are now working to assure our racketeering claims can come before a jury.”

    Patrick Byrne, Chairman and CEO of Overstock.com, added, “I am really going to enjoy watching Goldman Sachs try to justify its nefarious schemes to a jury box with 12 Americans in it.

    The San Francisco action, first filed in February 2007, alleged prime broker defendents engaged in naked short selling and similar manipulative practices designed to profit from failing to deliver shares required to close trades, and that this resulted in downward pressure on Overstock.com’s stock price.

    As part of the amending of the complaint, the court moved the trial date from September 12, 2011 to December 5, 2011.


Battle Hymn of the Republic
by Julia Ward Howe

Mine eyes have seen the glory of the coming of the Lord:
He is trampling out the vintage where the grapes of wrath are stored;
He hath loosed the fateful lightning of His terrible swift sword:
His truth is marching on.

Glory, glory, hallelujah!
Glory, glory, hallelujah!
Glory, glory, hallelujah!
His truth is marching on.

I have seen Him in the watch-fires of a hundred circling camps,
They have builded Him an altar in the evening dews and damps;
I can read His righteous sentence by the dim and flaring lamps:
His day is marching on.

Glory, glory, hallelujah!
Glory, glory, hallelujah!
Glory, glory, hallelujah!
His day is marching on.

I have read a fiery gospel writ in burnished rows of steel:
"As ye deal with my contemners, so with you my grace shall deal;
Let the Hero, born of woman, crush the serpent with his heel,
Since God is marching on."

Glory, glory, hallelujah!
Glory, glory, hallelujah!
Glory, glory, hallelujah!
Since God is marching on.

He has sounded forth the trumpet that shall never call retreat;
He is sifting out the hearts of men before His judgment-seat:
Oh, be swift, my soul, to answer Him! be jubilant, my feet!
Our God is marching on.

Glory, glory, hallelujah!
Glory, glory, hallelujah!
Glory, glory, hallelujah!
Our God is marching on.

In the beauty of the lilies Christ was born across the sea,
With a glory in His bosom that transfigures you and me:
As He died to make men holy, let us die to make men free,
While God is marching on.

Glory, glory, hallelujah!
Glory, glory, hallelujah!
Glory, glory, hallelujah!
While God is marching on.

He is coming like the glory of the morning on the wave,
He is Wisdom to the mighty, He is Succour to the brave,
So the world shall be His footstool, and the soul of Time His slave,
Our God is marching on.

Glory, glory, hallelujah!
Glory, glory, hallelujah!
Glory, glory, hallelujah!
Our God is marching on.