From Deseret News archives:
3 ex-workers of Gradient quizzed on Overstock
SEC probes statements about Rocker agreement
The three men said in interviews that the agency queried them this month about statements they made under oath that Gradient, a research firm based in Scottsdale, Ariz., fired them after they asked about the arrangement with Rocker Partners. The statements, posted on the Web site of Salt Lake-based Overstock.com, were used to amend a suit the company filed Aug. 11 against Gradient, Rocker Partners and its owner, David Rocker.
"The SEC may be investigating this as a variation of the standard 'bear raid,' where parties work to drive down a stock," said Donald Langevoort, a Georgetown University law professor and former SEC lawyer who isn't involved in the case. "Even if what an analyst publishes is true, it may be fraud if he fails to disclose a third party's involvement."
The SEC's queries may help Overstock.com persuade investors that its poor stock performance is due to unfair research rather than bad management, as Gradient and Rocker Partners claim. Overstock.com, which sells excess retail inventory over the Internet, said in the suit that Rocker Partners benefited from negative research through short selling of shares.
Short sales involve stock that a seller borrows in anticipation of making a profit by paying for it after the price drops.
"We have no direct knowledge of any SEC investigation," said Doug Curtis, a lawyer for Gradient. "Should the SEC choose to contact the company, Gradient looks forward to getting to the bottom of the false allegations that have been circulated by Overstock.com
Rocker Partners, which pays $40,000 a year for Gradient reports, has sold Overstock.com shares short. David Rocker, the hedge fund's managing partner, said in an Oct. 14 statement that Gradient wrote its first negative report about Overstock.com a year before Rocker became a Gradient client and said the credibility of the three former Gradient employees is "seriously compromised."
Gavin Rooney, a lawyer for Rocker Partners, which is based in Millburn, N.J., said, "There's no reason to believe that the SEC is investigating Rocker Partners. Nobody from the SEC has contacted us formally or informally."
SEC spokesman John Nester declined to comment.
Comments
- Sports on the air 12:12 a.m.
- Editorial: Buy local this Christmas 12:11 a.m.
- Conflicting advice for wise shopping 12:11 a.m.
- Half-baked nonstrategy will not work 12:11 a.m.
- Afterthoughts 12:11 a.m.
- Letters: Liberal because LDS 12:11 a.m.
- Letters: Ugliness exposed 12:11 a.m.
- Letters: Critics show hypocrisy 12:11 a.m.
- Letters: Give Max Hall a break 12:11 a.m.
- Letters: Seeking better lives 12:11 a.m.
- Why is Y. ignoring spew of hatred?
- Unbeaten BYU takes trip to Logan
- Mitchell said to share LeBaron traits
- BCS just keeps dirty laundry on spin
- Teen girl killed in Kaysville crash
- Utahns growing tired of Bennett
- 2 citations issued at Y.-U. game
- Orem pair getting a rep for crime
- MWC awaits bowl destinations
- Simple candies for the holidays
- Hall mouths off about hate of Utah
913 - Cougars beat Utes in overtime
483 - Hall reprimanded by MWC
405 - Max Hall issues apology
392 - Hall's pain reflects self-betrayal
358 - Utes won't respond to Hall
277 - BYU says Hall incident resolved
244 - Why is Y. ignoring spew of hatred?
237 - 2 citations issued at Y.-U. game
178 - Religion in politics is tiresome
154
LDS Church publisher Deseret Book has some specials for the holidays.
First, a big thank you to all who posted questions here for me to ask...
USU, along with almost any other basketball team, has a home court advantage....
What bothers me is how quick this article assumes Romney suffered at the...
a good criminal attorney so Yengitch is hired. The jury may well not be...
That's like me causing 1/100th of a cent worth of damage to something and...
Football is JUST A GAME!! People have the right to say and believe what they...
Notice how Hatch always talks about failure.... How about some success in...
Proud to be a Wildcat...proud of Randy Rahe, his staff and his team. Never...
But according to Dave Rose in an article earlier today, "we know who are...
keep them under controland have them "fixed" so they will not be picked up...
Can I get a WOOT YEAH?!


You can be the first to comment on this story.