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Patrick M. Byrne

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Patrick M. Byrne
Born
Patrick Michael Byrne

1962 (age 61–62)
Fort Wayne, Indiana, U.S.
NationalityAmerican
Alma materDartmouth College, B.A. Philosophy, Asian Studies
Cambridge University, M.A. Mathematical Logic
Stanford University, Ph.D Philosophy
Occupation(s)Businessperson and author
Known forFormer CEO and Chairman,
Overstock.com
TitleCEO and Founder of The America Project
FatherJohn J. Byrne[1]
AwardsErnst & Young Entrepreneur of the Year Award
Websitehttp://www.deepcapture.com

Patrick M. Byrne (born November 29, 1962) is an American entrepreneur who is the former CEO of Overstock.com. In 1999, Byrne launched Overstock.com after leading two smaller companies, including one owned by Warren Buffett's Berkshire Hathaway.[2]

In 2002, Byrne took Overstock.com public. Since its initial public offering, achieving profitability in 2009.[3] However it was in 2005 that Byrne became known to the public, for his campaign against illegal naked short selling. Byrne and securities regulators maintained illegal naked shorting had been used in violation of securities law to distort prices of public companies' stock.[4] Under his direction, Overstock.com filed two lawsuits alleging improper acts by Wall Street firms, a hedge fund, and an independent research firm.[5] In each case the defendants settled with Overstock.com out of court.

He took an indefinite leave of absence from Overstock.com in April 2016 because of Hepatitis C complications,[6] and he returned in July 2016 as CEO after his recovery.[7] He then resigned in August 2019,[8] following revelations that he had been in an intimate relationship with accused Russian spy Maria Butina and comments he made promoting the Deep State conspiracy theory.[9] He later also began promoting conspiracy theories regarding the 2020 US presidential election, and was called "a leading election fraud conspiracy theorist" by The Daily Beast. He is currently the CEO of The America Project, an organization that promotes these theories and funds investigations into the 2020 election, and served as CEO of the organization Defending the Republic, which misused donor funds to help pay the legal defense fees for Sidney Powell.

Background

Byrne was born in Fort Wayne, Indiana. He is the son of John J. Byrne, former chairman of Berkshire Hathaway's GEICO insurance subsidiary and White Mountains Insurance Group.[10] He holds a certificate from Beijing Normal University, has a Bachelor of Arts degree in Chinese studies from Dartmouth College, a master's degree from Cambridge University as a Marshall Scholar, and a Ph.D. in philosophy from Stanford University.[11][12]

Byrne was a teaching fellow at Stanford University from 1989 to 1991 and was manager of Blackhawk Investment Co. and Elissar, Inc. He served as chairman, president and CEO of Centricut, LLC, a manufacturer of industrial torches, then held the same three positions at Fechheimer Brothers, Inc., a Berkshire Hathaway company manufacturing police, firefighter, and military uniforms.[10][13]

He is a cancer survivor, and has ridden a bicycle across the country to raise awareness and money for cancer research at the Dana Farber Cancer Institute. Byrne has also supported implementing school vouchers and other educational reforms.[14] Byrne was the largest donor to political causes in Utah during 2003–2006, while his father was the third-largest.[15] He holds a black belt in taekwondo.[16]

Overstock.com

Main article: Overstock.com

In 1999, Byrne was approached by the founder of D2-Discounts Direct with a request for operating capital. The company had generated slightly more than $500,000 in revenue the previous year by liquidating excess inventory online. Byrne found the idea of online closeouts intriguing, and invested $7 million for a 60 percent equity stake in the company in the spring of 1999. In September the same year he took over as CEO, and the following month the company was renamed Overstock.com.[17][18]

Byrne initiated a Dutch auction IPO of Overstock.com in 2002. The company was one of the first to go public under a system advanced by WR Hambrecht + Co to retain a greater share of capital within the company rather than going to the investment bank underwriters used in conventional public offerings. Byrne has said that competing banks reacted against this, attempting to obstruct the success of the offering through negative reports and by shorting the company's stock.[19] When Google later in 2004 went public via a Dutch auction IPO, Byrne commented that Wall Street firms similarly pushed negative stories, but did not keep it from going forward successfully.[20] Four years after the OpenIPO, one official of Hambrecht, its now former co-CEO Clay Corbus was added to Overstock's board of directors.[21] As a part of his role, Byrne advocated for the use of blockchain technology, including cryptocurrencies such as bitcoin.[22]

Byrne abruptly resigned his board seat and position as CEO of Overstock.com after it was revealed that he had an affair with a Russian agent. Jonathan E. Johnson will serve as interim CEO until a replacement is named by the board.[23]

Campaign against naked shorting and analysts

In a conference call with analysts in August 2005, 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," whom 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. Fortune writer Bethany McLean said that Byrne had become a "hero to those who believe that short-sellers are the operators of Wall Street's ultimate black box, predators who destroy companies through innuendo, bullying, political connections—and sometimes through an illegal practice known as 'naked shorting.'" Byrne financed and largely wrote a full-page advertisement in The Washington Post which said "Naked short-selling ... is literally stealing money from the widows, retirees, and other small investors."[24] In a letter to The Wall Street Journal in April 2006, Byrne contended that "blackguards have practiced 'failure to deliver'" of securities, were "destroying businesses and (probably) destabilizing our capital markets."[25][26] Since 2005, Overstock has filed two lawsuits relating to the matters under Byrne's direction.[27] After her article appeared in 2005, McLean was attacked by Byrne with such vehemence that she ceased covering him.[28]

In the first lawsuit, filed 2005, Overstock.com filed suit against hedge fund Rocker Partners and the equities research firm, Gradient Analytics (formerly Camelback Research Alliance), saying they illegally colluded in short-selling the company while paying for negative reports to drive down share prices.[29] The defendant (i.e. Gradient Analytics et al.) moved to have the case dismissed, however the California court ruled in August 2006 that the suit should be allowed to proceed.[30] Gradient filed a counter-complaint against Byrne for libel.[31] 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, and apologized.[32][33] In December 2009, the suit against Rocker, whose name had since been changed to Copper River Partners, was settled by Copper River paying $5 million,[34] payment of which Byrne stated he received on December 9, 2009.[35]

Overstock.com filed a second lawsuit in 2007 against a number of large investment banks relating directly to alleged illegal naked short selling.[36] All parties have settled with Overstock except for Merrill Lynch.[37][38]

Byrne's campaign against naked short selling and others who he feels targeted him and his company attracted controversy, though after the crisis in the North American markets in 2008, Byrne received positive press. A Salt Lake Tribune article reported that "These days, when people talk of Byrne, the word 'vindication' comes up a lot."[39] Media outlets that covered Byrne's statements against naked shorting, included The Wall Street Journal, ABC News with Peter Jennings, Fortune, CBS Market Watch, and BusinessWeek, among others. He has also appeared on Bloomberg TV, CNBC, and Fox News shows such as Your World with Neil Cavuto.[40] In 2008, Byrne published on his website an investigative report by a former Columbia University Graduate School of Journalism reporter, Mark Mitchell, which alleged "a circle of corruption enclosing venerable Wall Street banks, shady offshore financiers, and suspiciously compliant reporters at The Wall Street Journal, Fortune, CNBC, and The New York Times".[41][42]

Deep Capture

In part to publicize his thoughts on naked short selling, Byrne founded the website "Deep Capture". In October 2011, Vancouver businessman, Altaf Nazerali sued Byrne for libel and defamation in the Supreme Court of British Columbia for articles published on the website. The articles described Nazerali as being involved with "Osama Bin Laden's favorite financier," and that he worked with criminal syndicates including the Colombian drug cartel, the Russian mafia, and various "jihadi terrorist groups" including al Qaeda's Golden Chain. Deep Capture also accused Nazerali of "delivering weapons to war zones in Africa and to the mujahedeen in Afghanistan," of orchestrating "small-time 'pump and dump' scams… [and] bust-outs, death spiral finance and naked short selling," and of carrying out dirty work for "a Pakistani ISI asset" who "works for the Iranian regime." In May 2016, the Court found that the allegations in the Deep Capture articles were libelous and defamatory; Nazerali was awarded $1.2 million in damages, including $500,000 in aggravated damages, $250,000 in punitive damages and $55,000 in special damages.[43] Byrne was permanently banned from publishing these accusations. The Court found Byrne, his employee Mark Mitchell, and Deep Capture "engaged in a calculated and ruthless campaign to inflict as much damage on Mr. Nazerali's reputation as they could achieve." The 102-page decision said "It is clear on the evidence that their intention was to conduct a vendetta in which the truth about Mr. Nazerali himself was of no consequence."[44][45][46]

The judgment was upheld on appeal in August 2018.[47][48][49][50][51]

Maria Butina claims

In 2019, Byrne announced that he had a relationship with Russian agent Maria Butina and also made claims in support of a deep state conspiracy theory.[52] Byrne also claimed the Federal Bureau of Investigation encouraged him to have a sexual relationship with Butina.[53] After he resigned as Overstock CEO on August 22, 2019, in the wake of that controversy, the company's share value rose by more than 10 percent, before collapsing nearly 50% from that point.[54] The Washington Post wrote at the time that, "Insurers worried the retailer could not rein in Patrick Byrne's personality and public comments," indicating that this is what utlimately led to his departure.[55]

Promotion of falsehoods regarding 2020 presidential election

In 2020, Byrne promoted President Donald Trump's false claim that he actually won the U.S. presidential election; in fact, Trump, the Republican incumbent, was defeated by Democratic candidate Joe Biden. Along with Steve Bannon and Lin Wood, among others, Byrne was a leading figure in a assortment of allies gathered by Trump to amplify his false conspiracy theory claims during his months-long effort to subject the election results and cling to power.[56][57][58][59]

Over a series of months, Byrne repeatedly promoted bizarre conspiracy claims about the 2020 election results, including in Florida, Texas, and Georgia, pushing the falsehoods at public rallies and on Twitter, variously claiming that Biden, election technology companies, China, or other foreign powers engaged in a elaborate scheme to "steal" the election.[60][61][62]

December 2020 meeting with Trump

On December 18, 2020, Byrne visited the White House, where he met with Trump, Sidney Powell, lawyer and former Trump administration official Emily Newman, Trump's former National Security Advisor Mike Flynn. During a meeting with Trump in the Oval Office, the four promoted their disproven fraud claims to Trump and sought to develop a plan to try to overturn Trump's election loss, which had occurred more than a month before and has been formalized four days before with the Electoral College vote.[62][63][64][65] The four met Trump without the appointment appearing on Trump's private schedule, and with Trump's[63] After encountering opposition from some Trump officials, such as White House Counsel Pat Cipollone, during his visit,[63] Byrne later claimed that Trump's advisors were insufficiently loyal to him and were "mendacious mediocrities" who "want him to lose and are lying to him."[62] In a Twitter post, he advised Trump and his allies to "Trust Rudy [Giuliani] and Sidney [Powell] only."[62] Byrne said that he entered the White House on a bluff—"without any invitation"—and describing the quartet's plan as using Powell and Flynn's fame to "bullshit our way past" White House security to get to Trump.[66] According to Byrne, he had enlisted a White House staffer's help in entering the compound, but Byrne "may have been less than clear that there would be some people with" him.[66]

January 2021 attack on the Capitol

Byrne was a speaker at the Trump rally on January 6 in Washington, D.C., which was directly followed by a pro-Trump mob, inflamed by Trump's false election claims, attacking the U.S. Capitol.[67][62] Soon afterward, Twitter suspended Byrne's account.[62]

Byrne’s influence and activities reveal him to be a rising figure on the Trumpist right and also show how fake narratives around the 2020 election – far from receding – are in fact still a powerful motivating force among Trump supporters ... Byrne’s America Project seems to aspire to play a key role in tandem with other conservative pro-Trump bastions in spreading election disinformation: the America Project’s website says it wants to “lead a new American renaissance by arming citizens with the tools to fight for their freedoms, building like minded pro-freedom networks and uniting pro-America organizations who want to fight together in support of our nation”. Byrne’s high-profile backing of pro-Trump conspiracies follows some bizarre contacts he had with Trump, post-election ...[60]

Republican "audit" of the 2020 Arizona state ballot count

In April 2021, Byrne became the leading financier of the controversial Arizona State Senate Republicans' botched "audit" of the presidential vote in Maricopa County, Arizona. Biden won Maricopa County (and the State of Arizona), and the result was confirmed by several multiple times. Nonetheless, in a bid to try to support Trump's lies about the election, the Arizona Senate's Republican leadership, led by Senate President Karen Fann, launched an audit of the county's election results, run by a small Trump-aligned company with no experience in election audits and a CEO who had previously promoted the false claim of a rigged election. The haphazard, highly politicized "audit" process failed to follow standard recounting procedures and was condemned by election experts, Democrats, and some Republicans, including the Republican-dominated Maricopa County Board of Supervisors, who wrote that Arizona Republicans "rented out the once-good name of the Arizona Senate" to "grifters" who were perpetrating a "sham."[68][69][70]

Byrne claimed that he had pledged $1 million to fund the audit;[71] by early May 2021, he also raised approximately $600,000 from social media followers in support of the cause,[72] via his "Fund the Audit" campaign.[65] The fundraising was done in conjunction with the Florida-based "The America Project" (a group of which Byrne is CEO and founder).[73] Byrne stated that he had aspirations to spread his activities to additional counties in other states.[60] In addition to raising money, the group helped to recruit volunteers to count ballots and coordinate with the Arizona state Senate Republicans.[74] Jeff Flake, a former Republican U.S. Senator from Arizoa, said Byrne's involvement undermined the "credibility" of the process, adding, "It's damaging to the Republican party and our system of government."[60]

Financing and promoting claims in blog, books, media, organizations, and film

In 2021, Byrne self-published his book The Deep Rig: How Election Fraud Cost Donald J. Trump the White House, By a Man Who Did Not Vote for Him, which details his experience promoting his various electoral conspiracy theories.[60][75] The book, largely compiled of text copied-and-pasted from Byrne's blog, was hastily produced, with the print version including hyperlinks and video embedded video useful for paper format.[61][76]

Byrne urged election-fraud believes to sign up to pay him $5 per month, in credit-card recurring charges, believers to view his social media posts about what he claimed to be "insider knowledge"; this could bring Byrne up to $1.15 million annually in subscription fees.[61][76]

During the "audit" in Maricopa County, Arizona, Byrne funded a documentary film, The Deep Rig, created by director Roger R. Richards, to promote his 2020 election-related falsehoods. Richards is previously known for also films promoting fantastical claims, such as the belief that the September 11 attacks were caused by a conspiracy by extra-terrestrial aliens. Byrne is the key figure in the film, which features interviews from various other conspiracy theorists.[77] The film, based partially on Byrne's self-published book, has also been promoted by fellow conspiracy theorist Mike Lindell,[78] who teamed up with Byrne in 2021 in order to push their respective election theories in concert.[79]

In addition to his interviews and other commentaries pushing his election theories, Byrne also funded a group of investigators to try and prove his theory. On a QAnon-related podcast in late November 2020, Bryne said: "I'm a free agent, and I'm self-funded, and I fund this army of various strange people." He said he he envisioned himself as the protagonist leading a team of hackers in a future Hollywood film on his efforts.[80] Byrne promoted his election-related falsehoods on pro-Trump far-right outlets such as One America News Network and Newsmax, which attracted viewers and readers by their willingness to go further than Fox News in promoting Trump's bid to subvert the election result.[67]

Byrne was also the CEO of "Defending the Republic," a fundraising organization founded by Powell that purported to raise funds to fight for "election integrity" but was used instead to Powell's personal legal bills to support her defense against a $1.3 billion defamation suit filed against Powell by Dominion Voting Systems in connection with her promotion of conspiracy theories.[81]

Education policy

In 2005, Byrne provided financial backing to the Class Education, whose goal is to change state laws to require schools to spend at least 65 percent of their operating budgets on classroom expenses. Proponents of the standard contend that it would free up money to increase teachers' salaries without requiring tax increases. Critics say that many services deemed "non-classroom" are necessary for education, including librarians, school nurses, guidance counselors, food service workers and school bus drivers.[82][83][84]

Byrne also serves as co-chair (with Rose Friedman) of EdChoice. The non-profit organization was founded by Milton and Rose Friedman and promotes school vouchers and other forms of school choice.[85]

Byrne and his family contributed most of the funds in support of House Bill 148 in Utah, a bill that would allow the state to provide funding vouchers for students who decide to leave public schools for private schools.[86] In January 2008, it was reported that Byrne and his parents contributed about $4 million to the pro-voucher campaign, or three-quarters of its $5.4 million funding and equal the entire total spent by the opposing side.[87][88] When that bill was defeated in a statewide referendum (62% opposing vs. 38% favoring),[89] the Salt Lake Tribune reported that Byrne "called the referendum a 'statewide IQ test' that Utahns failed." He said, "They don't care enough about their kids. They care an awful lot about this system, this bureaucracy, but they don't care enough about their kids to think outside the box."[90]

Byrne criticized Utah governor Jon Huntsman for not sufficiently supporting the voucher campaign. Huntsman had before he was elected stated that he was "going to be the voucher governor", and Byrne had donated $75,000 to Huntsman's campaign for governor in 2004. When Huntsman was elected, however, he went missing from the debate, and Byrne told the Associated Press that he would now bankroll anyone who could defeat Huntsman at the polls, "even a communist".[91]

Awards

In 2002, Byrne was named to BusinessWeek's list of the 25 most influential people in e-Business in 2002: the magazine cited survival strength and vision as qualities that qualified Byrne for the list.[40] Ernst & Young then awarded Byrne the "2002 Milestone Award Winner Utah Region."[14][92] Byrne also won the first-ever Utah Best of State Awards for Community Development in 2003.[93]

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