Lest we forget, let's review how Herb's name figured prominently in the sworn affidavit of Demetrios Anifantis
, that helped trigger the lawsuit and the SEC investigation.41. Vickrey instructed all Camelback employees to make the subscription available to the media at no cost. I saw that Herb Greenburg (“Greenburg”) and others from the financial information website www.thestreet.com frequently accessed the website. I also heard Greenburg call multiple times to discuss many different reports with Vickrey, including Overstock. In particular, it appeared to me that Rocker, Vickrey, and Greenberg were coordinating their attacks on Overstock, and Vickrey and Greenberg were coordinating the content and timing of their various reports on Overstock to please Rocker.42. At one point, Brian Harris was retained by Camelback to draft research reports on particular companies. Brian Harris (“Harris”) is directly affiliated with www.thestreet.com and Herb Greenburg. Camelback did not disclose that Harris had prepared these reports. Harris is listed on www.thestreet.com as the associate editor of a column called Street Insight.
So, I wonder when Herb will be interrogated under oath on the issue of whether he and Vickery were "coordinating the content and timing of their various reports on Overstock to please Rocker?" Antifantis was willing to risk perjury in his sworn statement. How about Herb? Is he capable of telling the trutha at this point? I very much doubt it!
Note that when all the relevant evidence was presented to a California judge, he ruled that the suit should be allowed to proceed
"Plantiff [i.e. Overstock] has established on this point of the litigation, a probability that it will prevail on the merits of the complaint. Rocker's objections to the Declaration of Demetrios Anifantis and defendant's ojections to declation of David Chidester are overruled."
Herb and his hedge fund buddies may be able to count on the SEC and tame press minions of hedge funds, such as Roddy Boyd, to roll over and allow the raping of ordinary investors to continue, but California is a different venue, and I suspect they are very afraid of what ordinary jurors may decide when they hear this case.