He married, had children and learned to live with his unease. Then, four years ago, after separating from his wife, he asked a new partner how he measured up to her ex-husband. “It was a stupid question,” Alistair admits. “It’s pathetic that I cared at my age – but I did. To start with she told me it was fine, but I kept pushing and, eventually, she just told me: his was bigger.”

Warshak argued that his company was simply the victim of its own success, overwhelmed with orders and run by people with no real experience in business at this scale. Berkeley's "operational deficiencies," as Warshak's lawyers called them, were simply "a byproduct of unsophisticated business practices in Berkeley's formative years and Berkeley's virtually unprecedented growth, rather than the result of criminal fraud." As evidence, they noted that the company had finally abandoned its undisclosed auto-ship program after several years and had installed an automated system to record all calls with customers. It even set up a compliance department, which at one point had nearly fifty employees, to ensure that customer interactions were aboveboard.
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