Overstock.com ridiculously claimed that the collection of the entire amount of its under-billings (every single penny) "was not assured" and instead falsely claimed that a "gain contingency" existed rather than make a reasonable estimate of uncollectable amounts as required under SFAS No. 5. Therefore, Overstock.com improperly recognized income from under-billed fulfillment partners as amounts due to the company were collected on a non-GAAP cash basis, rather when they were earned under accrual accounting or GAAP. (Anatar, 2010)
Overstock.com violated it published mission and vision statements, which are taken directly from the Company's website -- Overstock.com. "Overstock.com's Mission: To save people money. Overstock.com's Vision: Overstock.com provides online shoppers with the best value and a superior customer experience. We are honest, helpful, efficient, accountable, and trustworthy, and are committed to profitability and service." (FAQ's, 2010) the Company could have mitigated the impact of the situation by issuing a public apology and admitting their mistakes, instead the CEO of the Company Patrick Byrne, CEO showed his total disregard for the rules in place...
"Byrne opens the letter by quoting Nietzsche: "All things are subject to interpretation; whichever interpretation prevails at a given time is a function of power and not truth." (Newquist, 2009)
References
Anatar, S. (2010, February 7). Overstock.com must restate finances, again [Web log message]. Retrieved from http://seekingalpha.com/article/187066-overstock-com-must-restate-finances-again
FAQ's, Initials. (2010). Overstock.com investor faq. Retrieved from http://investors.overstock.com/phoenix.zhtml?c=131091&p=irol-faq#28707
Newquist, C. (2010, February 05). Overstock.com to restate financial statements; reassures profitability for 2009. Going Concern, Retrieved from http://goingconcern.com/2010/02/overstock-com-to-restate-financial-statements- reassures-profitability-for-2009/
Newquist, C. (2009, November 17). Overstock.com fires grant thornton, files unreviewed 10-q, ceo remains humble. Going Concern, Retrieved from http://goingconcern.com/2009/11/overstock-com-fires-grant-thornton-files-unreviewed-10-q-ceo-remains-humble/
