Judd Bagley

As this site and the blogs of Gary Weiss, Sam Antar, Jeff Matthews, Scipio Africanus (pen name) have often discussed, there is an ongoing campaign to expose the mangement of Overstock.com. People want Patrick Byrne and company to come clean with the investing community. The company’s financial statements raise many questions, and the behavior of the company’s executives leaves much to be desired.

In the latest chapter, Judd Bagley, Overstock.com’s Director of Communications, is threatening Scipio Africanus. Scipio has been very active in trying to hold Overstock management accountable.

Judd thinks he’s figured out the identity of Scipio, and is threatening him:

From: Judd Bagley
To: [email protected]
Sent: Thursday, June 14, 2007 11:51:26 PM
Subject: just thought I’d ask…

I thought I should tell you that I’ve have known your real identity for a while now.

Up until last week, it appeared that you’d grown tired of o-smear and all the games (which would make “outting” you unnecessary) but lately it appears that’s not the case.

I don’t want to cause anybody unnecessary harm, but I’m beyond tired of the lies.

If you choose to continue as you have been, I will write about you on AntiSocialMedia.net. In doing so, my goal is not to intimidate, but to let you own your words; under those circumstances, I think the lies will take care of themselves.

Having said that, I’m also very much aware of the impact this could have on your reputation, especially where you live, and I feel obligated to offer you a way out. So, if you’re ready to set things right, I’ll keep your name to myself and figure we’ll both be karmically better off for it.

I look forward to your response (and will be PMing this to your IV account, as well).

—
Judd Bagley

Scipio then replies on his blog:

Since the only way to damage my reputation would be to make up a bunch of stories about me, I’ll assume that’s what he means. Duly noted and recorded. As far as pointing out all the deception, spyware, etc. I’d put that stuff on my resume. The SEC and the Overstock Board of Directors (so they can’t play dumb) got a copy of that one.

And Judd threatens Scipio publicly on Judd’s smear site:

However, if in responding, ScipioAfricanus or any of his allies should question the veracity of these claims, the evidence will be presented, and Albert can deal with the consequences.

My question is this: How does such behavior on the part of an executive of Overstock.com fit into Overstock’s Code of Business Conduct and Ethics?