have they sent patrick byrne a wells notice?, of course, is a notification that you may -- >> right. that is sec enforcement staff said it has concluded it wants to charge you, it's now up to the entire commission to vote on it, and you have a chance to talk them out of it. he said, no, there's been no wells notices. now here's the interesting thing, he blamed himself for, you know, he says that misstatements by the company conflating two things led to the impression that they're under the gun with this sec investigation into the public disclosures. because at the same time as they are, there is obviously an active investigation, he described it as dormant, the sec's also looking at this block chain technology. and this is a technology that is going to be used in the securities business. liz: let me just say about the one-year chart here, the stock is down 4% since patrick byrne resigned, but it's down 46% year over year. >> right. there's no doubt that this investigation's problematic for the company. they want to transport the

we are not sure why he's doing that, but we do know it has been a rough ride as patrick byrne did steponth, leading -- leaving the question of who is in charge. as an interim ceo, the average age of the board is 54. a lot of questions remain about the company. guy: a lot of drama, but what about the fundamentals? >> a great question. revenue has been falling on the top line, they are now posting losses on the bottom line for the past three years. in july they said they were of $120for recovery million by the end 2019. the questions remain about the top and bottom line. romaine: that's taylor riggs joining us for san francisco. coming up, my favorite part, the battle of the charts is next. this is bloomberg. ♪ when you rest on a leesa hybrid mattress, bedtime is no longer simply the time you go to sleep. it's time to switch off and catch up. enjoy me time, and we time. 40 winks or 8 hours solid. the leesa hybrid mattress combines two technologies to give you deeper rest and rejuvenation. 1,000 pocket springs provide edge to edge support, responsiveness and comfort, while premium foams r

former overstock ceo patrick byrne is still burning up about the media backlash to his ouster. e gasparino, i don't know if you guys saw this twitter battle between charlie and patrick over the weekend, but i'm in l.a., i start looking, i thought oh, no, not now. what happened, charlie? >> well, you know, let's unpack this. it all relates to your show. you start so much trouble. liz: finally you realize that. >> last week on tuesday, i reported that patrick sold all the shares of overstock and the timing looks suspicious. the timing looks suspicious because after -- right after he sold, the company gave negative guidance on its retail business, the cfo resigns. so it looked bad that you sold, you're an insider, you sold your shares before all that happened. liz: what did he say? >> so it took a couple days. if you notice, no one returned my calls. patrick didn't return my calls. so yesterday, he returns, he says, there's a tweet and he starts sending me e-mails and text messages to describe why he sold. i tweeted, i re-tweeted -- he tweeted that out, i tweeted out that we put a

check overstock taking a hit, patrick byrne talked about his problems right here on "varney & companyhe first place on television any way he talked about what had happened to him that eventually led to his departure from the company. he sold 5 million shares over the past three days. and that has led to a problem for the stock itself. it is down about 4% right now. of course this is a stock that trades four, 5% either way on a single day quite often. there might be some other factors here. he said he will help recapitalize the company if it needs it in the future. >>> meanwhile the holiday shopping season is around the corner and deloitte is expecting sales to trop one trillion dollars. let's bring in jerry store -- storch, a retail icon. do you believe the figures? how can you tell what a consumer can do two months from now? >> no one can forecast the future but the best indicator of the future what is happening right now. we say in retail the trend is your friend. sales are up 4% year-over-year. if i were a betting man, absent external forces you will see sales up 4% next few months