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To: StockDung who wrote (92119)8/11/2005 12:56:37 PM
From: scion  Respond to of 122087
 
Dark Dynamite, Inc. - History Repeats

Investigative Reports
August 11 2005

It is Groundhog Day again for Dark Dynamite, Inc. (OTCBB: DDYI). By now, Dark Dynamite's shareholders must be accustomed to the roller coaster ride. First, the Company decreases its authorized and outstanding common shares by implementing a reverse-split. This leaves the common shareholders with just a fraction of their former holdings. Then the Company increases its authorized common shares, restoring its ability to issue new shares and dilute the existing common shareholders even further.

As we have seen, the most recent reverse-split, in March 2005, reduced the Company's authorized and issued common stock from 5 billion shares to 5 million shares. This followed an earlier 1 for 2000 reverse-split, in November 2004, which had reduced the Company's common stock from 5 billion shares to 2.5 million shares. The second reverse-split was made possible because shortly after the November 2004 reverse-split was accomplished, the Company amended its Certificate of Incorporation to restore the 5 billion authorized common shares. Dark Dynamite was again armed with billions of common shares to issue as it saw fit. See Dark Dynamite, Inc. - Implosion for Investors.

By March 2005, having issued many of the newly authorized shares, Dark Dynamite was ready for an encore - a 1 for 1000 reverse-split. But the Company indicated that there soon would be more shares available to distribute. On July 19, 2005, Dark Dynamite filed a Preliminary Information Statement with the SEC, indicating plans to increase the authorized common stock to one billion shares. A Final Information Statement reflecting this action was filed on August 1.

All of this has been made possible because of the power wielded by a single individual, penny stock promoter, Richard Surber. Surber, and companies he controls, own all 500 million shares of Dark Dynamite preferred stock. Each preferred share possesses 25 votes, giving Surber 125 million votes and the ability to call the shots on critical corporate matters, like amendments to the Articles of Incorporation. And the preferred shares, unlike their poor relations, the common shares, have not been subjected to these reverse-splits. .

Fancy that - and this. While Dark Dynamite's public investors have watched their holdings diminish, Surber continues to increase his holdings. On July 19, 2005, the same day the Preliminary Information Statement was filed, Dark Dynamite issued 200,000 restricted shares of common stock to Diversified Holdings I, Inc. in exchange for $4,002. Surber is the President of Diversified Holdings I.

Fortunately, Dark Dynamite once again has sufficient shares to issue to Surber and others, now and in the future.

stockpatrol.com



To: StockDung who wrote (92119)8/11/2005 11:39:05 PM
From: rrufff  Read Replies (1) | Respond to of 122087
 
UPDATE 1-Overstock says it sues short-seller Rocker
Thu Aug 11, 2005 06:26 PM ET

(Adds no comment from defendant, Rocker background)
CHICAGO, Aug 11 (Reuters) - Online retailer Overstock.com Inc. (OSTK.O: Quote, Profile, Research) said on Thursday it has sued a hedge fund known for short-selling and an independent research group, claiming they conspired to denigrate the company's business for profit.

The lawsuit, filed in Marin County, California, accuses Rocker Partners and Gradient Analytics Inc. and several of their employees of collaborating on "tainted and malicious" research notes that the retailer said contributed to a steep decline in its share price.

"Despite Overstock's consistently growing revenues and its stock price's well-justified performance in the market, in the last few months as a result of Gradient's tainted and malicious (research reports) Overstock's reputation and stock price have been greatly harmed," Overstock.com said in the lawsuit.

Overstock.com's shares are down nearly 44 percent from an all-time high of $77.18 reached in January 2005.

"Gradient knowingly serves as a shill" for Rocker Partners, Overstock.com said in the suit, which seeks an unspecified amount of damages.

The court was not immediately able to confirm that the suit had been filed.

David Rocker, the founder and principal of Millburn, New Jersey-based Rocker Partners, did not immediately return a call seeking comment. His partner, Marc Cohodes, declined to comment. Both are named defendants in the lawsuit.

Rocker is one of the most well known short-sellers on Wall Street, having been credited with spotting early flaws at several companies before their shares crashed. Among them is Belgian speech technology company Lernout & Hauspie, which went bankrupt amid allegations of fraud and stock manipulation a few years ago.

"We haven't actually been served with the lawsuit," said Donn Vickrey, co-founder of Gradient Analytics, a Scottsdale-Arizona based independent research firm that focuses corporate earnings quality. "I have heard that there is a copy on Overstock's Web site. Obviously our attorneys will look at this."

Vickrey is also named as a defendant in the lawsuit.

Overstock.com said in the suit that Gradient is "closely aligned" with various hedge funds including Rocker Partners, which the retailer said has a significant short position in Overstock.com stock.

In a short sale, a person borrows stock and sells it, betting that the share price will go down so that the person can then buy it back cheaper and pocket the difference.

Overstock.com said in the suit that beginning around June 2003, Gradient issued some 58 research reports on Overstock.com, all giving the company low marks.

The retailer claims in the suit that Gradient received input from at least two Rocker employees -- founder David Rocker and partner Marc Cohodes, who are both named as defendants in the lawsuit. The company also charged Gradient with holding the reports to give Rocker Partners time to position its portfolio to benefit from the publication.

Overstock.com said in the suit that Gradient's reports were "driven not by objective analysis, but by the undisclosed biases and subjective agendas of hedge funds and others with vested interests in the performance of the targeted companies."

Overstock.com's shares rose $1.73, or 4.12 percent, to close at $43.75 on Nasdaq.

In its second-quarter report issued earlier this month, Overstock.com reported a net loss of $2.6 million, or 13 cents per share, wider than the year-earlier loss of $2.4 million or 13 cents. Revenue climbed to $150.6 million from $87.8 million.



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To: StockDung who wrote (92119)8/11/2005 11:39:43 PM
From: rrufff  Read Replies (1) | Respond to of 122087
 
John O'Quinn and His Legal Team File Lawsuit Against Gradient Analytics, Inc. and Rocker Partners LLP. on Behalf of Overstock.com, Inc.
Thursday August 11, 4:47 pm ET

HOUSTON, Aug. 11 /PRNewswire/ A civil complaint against Gradient Analytics, Inc., Rocker Partners LP., David Rocker, Marc Cohodes and others for unfair business practices was filed today by John O'Quinn and his legal consortium on behalf of online retailer Overstock.com (Nasdaq: OSTK - News).
Overstock.com launched its first website through which customers could purchase products in 1999. Its overall business and gross revenues have grown steadily and consistently, at a rate of approximately 100% each year since 2000. Its annual revenues for the year ending December 31, 2004 were approximately $500 million.

The complaint alleges that Gradient Analytics, Inc., an influential company that sells reports and analyses on publicly traded companies to hedge funds, traditional mutual funds, and provides them to financial commentators such as MSNBC, is closely aligned with various stock hedge funds. The complaint alleges that Gradient and Rocker Partners LP, which is owned and controlled by David Rocker and Michael Cohodes, individually and/or through Rocker Offshore or Rocker Management, conspired to denigrate Overstock.com's business so as to reap personal profits for themselves.

Dr. Patrick Byrne, founder and president of Overstock.com, commented: "What's at stake here is innovation and entrepreneurship in America. My company has been attacked and I'm not going to take this lying down. In joining forces with John O'Quinn and his team of lawyers, I think we have what it takes to win. We certainly have what it takes to fight."

Attorney John O'Quinn also commented: "We have an expression in Texas about the skill of matching the mules. Combining our lawyers and a-level experts with the tenacity, verve and commitment of Overstock.com CEO Dr. Patrick Byrne is a powerful alliance, hitched up for the long haul to win this battle. It is time someone stops these offshore hedge funds from taking advantage of average working Americans and American Public companies. That someone is us."

Attorney Adam Voyles added: "I am speaking for the entire consortium when I say that we are prepared to obtain justice for our client from these Defendants and all others who aided them in these illegal acts. It is time our government authorities and regulators pay attention to the large number of offshore hedge funds that are taking advantage of hard working Americans."

In the actions, filed in Marin County California Superior Court, Overstock.com is represented by the law firms of O'Quinn, Laminack & Pirtle, Christian Smith & Jewell, and Heard, Robins, Cloud, Lubel & Greenwood, LLP, all of Houston, Texas, Woodbury & Kessler, PC of Salt Lake City, Utah, the Siegler Law Group, Inc, of Beverly Hills, California and Koerner Silberberg and Weiner, LLP of New York, New York.

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Source: Christian Smith & Jewell