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CEO Questionably Used Pseudonym to Post Online

jpallas writes "The Wall Street Journal reports that court filings by the FTC about Whole Foods' plan to acquire Wild Oats reveal an unusual detail: The CEO of Whole Foods regularly posted to a Yahoo! stock bulletin board under a pseudonym. His alter ego was feisty, to say the least, and regularly disparaged the company that he later decided to acquire. A former SEC chairman called the behavior 'bizarre and ill-advised, even if it isn't illegal.' This certainly raises questions about online rights to free speech and anonymity, especially when the line between free speech and regulated speech depends on who is speaking as much as what they are saying."

10 of 187 comments (clear)

  1. No limit by Anonymous Coward · · Score: 1, Interesting

    Yeah, yeah, freedom is a bitch.
    Unfortunately freedom of speech can't be selective, or else it will eventually select wrongly.

    It's a bitch, but it's freedom, dude, freedom of speech.

    Let it regulate itself.

  2. Re:Free speech without anonymity? by eht · · Score: 3, Interesting

    If you're not willing to take a stand for what you say, why are you even bothering to say it?

  3. You have to wonder. by twitter · · Score: 1, Interesting

    Posting anonymously under a pseudonym, bah. Gill Bates.

    He generally pays people to do that or to be Apple switchers, outraged voters and Slashdot posters. At the same time, you have to wonder how much of his "email time" is actually ... Slashdot time.

    Liberate your code, Bill.

    --

    Friends don't help friends install M$ junk.

  4. Re:So what? by DerekLyons · · Score: 4, Interesting

    A CEO would be differentiated because...well..he's a CEO, and has a HIGHER stake in case his agenda is out to acquire the company.

    A CEO (actually any C_O) is differentiated because they have insider information - I.E. information not available (legally) to the general public and the average investor.
     
     

    He also cut his own salary for his employees' benefit

    That sure sounds impressive. How much did he cut it, and how prescisely did the employess benefit thereby?
  5. How'd the FTC find this out? by Anonymous Coward · · Score: 3, Interesting

    What I want to know is how did the FTC find out it was him? People are saying he is lame and has to much time on his hands, but look at the FTC. I mean trying to stop this merger is silly as its a small niche market in a large industry where they barely own a piece of it. Doesn't the FTC have better things to do with their time than release information trying to make Whole Foods and Mackey look bad? And more importantly how did they prove this was Mackey posting this stuff? Disclaimer - I am a shareholder who is angry at the FTC, but I'm not John Mackey ;).

  6. affable guy by swell · · Score: 2, Interesting

    I've seen him on TV from time to time. He comes across as an ideal CEO, refusing a salary and expecting his execs to live on less than usual. He seems really enthused about his products, his employees and the mark he is making on the economy of food.

    Could he have totally fooled me and others? If so, he should run for president.

    --
    ...omphaloskepsis often...
  7. Is everybody blind? by MillionthMonkey · · Score: 3, Interesting
    On reflection, this should have little to nothing to do with the acquisition of another company.

    It has ZERO to do with the acquisition of another company and the FTC knows it.

    Mr. Mackey's online alter ego came to light in a document made public late Tuesday by the Federal Trade Commission in its lawsuit seeking to block the Wild Oats takeover on antitrust grounds. Submitted under seal when the suit was filed in June, the filing included a quotation from the Yahoo site. An FTC footnote said, "As here, Mr. Mackey often posted to Internet sites pseudonymously, often using the name Rahodeb."
    This is typical Bush Administration crap to justify an ad hoc regulatory decision after the fact, a decision that appears to be based on the lefty politics of the two companies involved. These guys always have the same M.O. They relentlessly take politics into consideration whenever they have to decide in an official government capacity who to help or hurt. Help goes right and hurt goes left. My guess is, this was basically all the dirt that opposition research could find on Whole Foods. A bunch of stupid posts from a CEO at home.

    How were these posts even found? If a CEO posts as an AC, what databases (secret or otherwise) would contain this information? How would the FTC even know to look for something like this? Did they find his home IP and do a wide search for it in hopes of fishing something up? (I imagine the information path was NSA-DHS-FTC-WSJ.) Are they looking for posts from CEOs of other companies that merge, or just this one?

    There is simply no basis to the argument that Whole Foods' acquisition of Wild Oats should be called into question because of stupid online posts from a CEO. If SBC and AT&T want to merge, that's OK. If the nation's largest hog producer buys the second largest, that's OK too. But a less than 1 billion dollar merger between Whole Foods and Wild Oats, well we can't have that because then yuppies will have no place to go to get their overpriced fruits and vegetables!
  8. Re:B.F.D. by MontyApollo · · Score: 1, Interesting

    >>He wasn't manipulating prices or public perception...

    He was *trying* to manipulate stock price so they would be an easier take over target.

    >>If he didn't do anything illegal..

    It would be illegal if he had not been anonymous; he was the CEO of a competitor.

    >>so what's bizarre about it?

    See above. He knew his behaviour was illegal, so he did it anonymously so that it wouldn't be illegal. I just think it is pretty funny, especially since he had little chance of suceeding. It is kind of weird a CEO would do this time of stuff for such little gain - it seems like he would have better things to do.

  9. Re:Salary cut by CoderDude · · Score: 5, Interesting
    The details of his new salary are on his blog at: http://www.wholefoods.com/blogs/jm/archives/2006/1 1/compensation_at_1.html The applicable section:

    Beginning on January 1, 2007, my salary will be reduced to $1 per year and I will no longer take any other cash compensation at all. I will continue to receive the same benefits that all other Team Members receive, including the food discount card and health insurance. The intention of the Board of Directors is for Whole Foods Market to donate all the future stock options I would be eligible to receive to our two company foundations - The Whole Planet Foundation and The Animal Compassion Foundation. In case there is some technical, tax, or legal reason why these stock options cannot be given to our two foundations, then I will retain future option grants and will pledge to donate 100% of the gain from those options to the foundations. This donation of future options received doesn't apply to the stock options already issued to me prior to January 1, 2007.

    One other important item to communicate to you is, in light of my decision to forego any future additional cash compensation, our Board of Directors has decided that Whole Foods Market will contribute $100,000 annually to a new Global Team Member Emergency Fund. This money will be distributed to Team Members throughout the company based on need when disasters occur (such as Hurricane Katrina last year). The money will be placed in a special account and any money not distributed in any particular year will roll over and be added to the following year's contribution. We are still working on the exact way Team Members will be able to access this money. The first $100,000 will be deposited on January 1, 2007. (I added the highlighting)

    Not many CEO's behaving that way these days.

    Disclaimer:
    I work at WFM in the IT group, so now I make more than the CEO does. :-)

    CoderDude
  10. Re:So what? by Alucard454 · · Score: 2, Interesting

    i have a bad habit of hitting up the baton rouge store once every few months for salmon steaks. i usually end up spending way too much money when i go (which is why i regulate my visit frequency after all) but it's divine feasting for that night at least.

    --
    education
    That which discloses to the wise and disguises from the foolish their lack of understanding.
    ~a.bierce