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Sarbanes-Oxley and informants (and the Overstock.com and Patrick Byrne connection)

Tue 17 Jul 2007

Fraud News

Would it be any surprise if Patrick Byrne was in violation of more regulations applicable to public companies???

Recently, Sam Antar sent emails to the Overstock.com Board of Directors, two audit committee members and Patrick Byrne himself. The emails reported Byrne’s known violations of Overstock’s Code of Business Conduct and Ethics. Various officials at the SEC were also sent copies of these emails.

The emails were published by Patrick Byrne on his blog.

Sam has recently been the target of retaliation by people believed to be working on behalf of Patrick Byrne. And heres what Sarbanes-Oxley says about retaliation against informants:

SEC. 1107. RETALIATION AGAINST INFORMANTS.

(a) IN GENERAL. — Section 1513 of title 18, United States Code, is amended by adding at the end the following

(e) Whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both.”

Interesting indeed.

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