Part of Overstock.com's merchandise is purchased by or manufactured specifically for the company. Among their products are handmade goods produced for Overstock by workers in
developing nations. The company also manages the inventory supply for other retailers.
Bitcoin On January 9, 2014, Overstock.com became the first major retailer to start accepting
bitcoin as payments for its goods. In the first 22 hours, they received over 800 orders worth US$126,000 in bitcoin. This represents a 4.33% increase in sales from their normal income of $3 million per day. As of March 13, 2014, Overstock bitcoin income had shrunk to under 1% of their normal daily cash intake. In a community interview with social media site Reddit on May 3, 2014, in response to a question to the Overstock CEO Patrick Byrne about the percentage of revenue and transactions paid for in bitcoin, Byrne responded that the percentage was "Tiny. <.1%". In mid-2014 Overstock.com announced that bitcoin sales were averaging $300,000 per month and that the company expected bitcoin sales to add 4 cents to the company's 2014 earnings per share. Despite at least $175 million in bitcoin or other blockchain investments, the firm never recorded any profits from those investments.
Naked short selling controversy The company has received attention stemming from CEO Patrick Byrne's battle against alleged
naked short selling of his company's shares. Beginning in 2005, Byrne has contended that a number of companies, including Overstock.com, have been the targets of this practice, which involves selling a stock short but without the usual step of initially borrowing or locating the shares. Byrne alleges that the practice circumvents safeguards of conventional shorting, and has been used in large schemes devised to profit from driving down the prices of companies' shares, in many cases leading to these companies' failure. With Overstock, Byrne contends that the company's longstanding appearance on the Regulation SHO Threshold Security list, an SEC-mandated list showing companies with a high number of "fails to deliver", along with high trading volumes that sometimes surpass total quantity of the company's stock, establish that it has been targeted by this practice. Byrne's campaign has been controversial, including criticism in the financial press that Byrne is seeking to divert attention from Overstock's share price declines and failure to turn a
profit. New York Times columnist
Joseph Nocera has said in 2006 that, "Except for a few fellow-traveling Web sites, where Mr. Byrne is viewed as a heroic figure, most people who understand the issue or have looked into it think it's pretty bogus." Others have suggested that the problem is real, but that the SEC acts to prevent it and that it does not happen on any scale such as Byrne suggests. SEC Chairman
Christopher Cox called abusive naked short selling "a fraud that the commission is bound to prevent and to punish." Overstock filed a lawsuit against the hedge fund
Rocker Partners in 2005 for
libel, unfair business practices and
tortious interference, saying it colluded with a research firm, Gradient Analytics, in short-selling the company while paying Gradient Analytics to publish negative reports about Overstock.com and supplying pre-publication copies to Rocker. Naked short-selling was not alleged in that suit. In a conference call with analysts in August 2005, a day after the suit was filed, Byrne said that "there's been a plan since we were in our teens to destroy our stock, drive it down to $6–10 ... and even a plan for how the company would then get whacked up." He said that the conspirators were part of a "Miscreants Ball", headed by a "Sith Lord", who he refused to identify but said "he's one of the master criminals from the 1980s." Byrne said the conspiracy included hedge funds, journalists, investigators, trial lawyers, the SEC, and
Eliot Spitzer." Gradient Analytics countersued, alleging Byrne waged a
smear campaign. Rocker Partners, renamed Copper River Management, filed a counterclaim against Overstock in November 2007, alleging overstatement of profits, false projections, and misrepresentations about the company's ventures. Copper River also alleges that Byrne tried to silence critics by suing them. A portion of this suit was
settled out of court on October 13, 2008 when Overstock.com and Gradient dropped the claims against each other after Gradient retracted allegations that Overstock's reporting methods did not comply with rules established by the
FASB, stated they believed Overstock.com complied with
GAAP standards, and that three directors were independent according to
NASD standards, and apologized. Byrne has said the apology and settlement "represents a great step forward in our case", On December 8, 2009, it was announced that Copper River had reached an out of court settlement with Overstock. As part of the agreement, Copper River, which closed in December 2008, agreed to pay Overstock $5 million. In a letter to his shareholders, Patrick Byrne said, "The good guys won". Copper River said in a statement that it continued to deny Overstock's allegations. Copper River managing general partner Marc Cohodes said "Although settlement deprives us of the ability to disprove Overstock's case and prosecute our counterclaims, we decided that the litigation costs did not justify passing up a practical way to end four-and-half years of meritless litigation by Overstock." In February 2007, Overstock.com launched a $3.5 billion lawsuit against
Morgan Stanley,
Goldman Sachs and other large Wall Street firms, alleging a "massive illegal stock
market manipulation scheme" involving
naked short selling. Among its allegations, Overstock stated that since at least January 2005, naked short selling has accounted for large portions of Overstock stock, in some cases exceeding the 23.4 million total shares outstanding. The lawsuit alleged that this had created "immense downward pressure" on share prices over time. Kerry Fields, associate professor of law and business ethics at the
University of Southern California, said, "Byrne may be able to help set new law if he handles this right." Fields said, Byrne's "best approach now is probably to persuade the SEC, which continues to wander around the issue, or the government to serve subpoenas and let them decide whether or not his company was wronged."
John Coffee, director of the Center on Corporate Governance at
Columbia University Law School, described it as overly ambitious and "extremely unpromising." In December 2010, all but two of the prime broker defendants settled out of court with Overstock for $4.4 million. That same month, the company filed a motion seeking to amend its lawsuit against the remaining defendants—Goldman Sachs and Merrill Lynch—to include claims of
RICO violations. The enhanced claims were based on evidence gained through discovery in the case. The RICO claim was dismissed at trial, and this was affirmed on appeal. The claim against Goldman was dismissed but Goldman subsequently settled a refiled suit. Merrill finally settled for $20 million in 2016. ==See also==