Mounting iBill Problems Sinking Penthouse

NEW YORK – Could it be that Penthouse International Inc. has been sunk by its iBill acquisition?

XBiz learned late Friday that Penthouse public shares would no longer be traded on the Over-the-Counter Bulletin Board and that its stock has been relegated to the Pink Sheets, a stock quotation service that handles high-risk ventures and isn't regulated by the Securities and Exchange Commission.

Penthouse stock lost 22 percent of its value on Friday, trading at 14 cents a share on the Pink Sheets.

Penthouse made an announcement Friday evening after markets closed, saying the move to the Pink Sheets was due to a late filing with the SEC. The company said that was caused by "a number of factors," including the company's acquisition this year of Internet Billing Company, also known as iBill.

The Justice Department is investigating iBill in an antitrust probe, company spokeswoman Catherine Beardsley told XBiz earlier this month.

Beardsley said that iBill, which processes credit-card transactions for the online adult industry, is being investigated with two other large adult processors.

She also told XBiz that Penthouse believes potential legal claims relating to iBill are in the tens of millions of dollars.

Deerfield Beach, Fla.-based iBill was acquired by Penthouse in March from InterCept Inc. through its Media Billing LLC division. The company said it learned of the investigation after closing the deal.

The probe by regulators is seeking to determine whether the two competing online adult payment providers, as well as iBill, collaborated to set fees and if so, whether practices are anti-competitive.

The names of the competing payment providers were not disclosed to XBiz by the Justice Department or Penthouse, but Beardsley told XBiz the processors are the No. 2 and No. 3 companies in the business.

Beardsley said iBill must provide the Justice Department with data regarding certain one-time fees charged to merchants in 2003.

She also said it received a letter from attorneys of a former iBill client to be reimbursed for “certain third-party costs, including Mastercard fines.” The letter sets forth an intention of a class action suit unless payment is made.

When public companies move over to the 100-year-old Pink Sheets, they are typically forced onto that exchange by dire financial circumstances, or because a firm is closely held by one or two investors with very few shares outstanding.

Penthouse said that it plans to file papers with the SEC in the next week to apply to relist on the Over-the-Counter Bulletin Board “on an expedited basis.”

The adult entertainment giant said that other factors came into play with the delisting. It indicated that reorganization plans, creditor agreements and four transactions also made it impossible for company executives to file papers with the SEC.

With the announcement, Penthouse said that it has moved a bankruptcy confirmation hearing to mid July. The court hearing was scheduled for June 10.

Penthouse said the plan hinges on nearly $61 million in financing.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Kazumi Does 1st Anal, DP for Vixen Media Group

Kazumi has performed her first anal and her first DP alongside Isiah Maxwell and Hollywood Cash for Vixen Media Group (VMG) studio imprint Blacked Raw.

Lauren Walker Toplines 'Hard' From Dorcel

Lauren Walker headlines "Hard," the latest release from Dorcel.

Phoenix Marie Makes Her Vixen Media Group Debut

Phoenix Marie has made her Vixen Media Group (VMG) debut with exclusive Jason Luv for studio imprint Blacked.

Child Protection, Civil Liberties Groups File Amicus Briefs in Support of FSC Court Petition

Several child protection and civil liberties groups have filed amicus briefs in support of the Free Speech Coalition's (FSC) petition to the Supreme Court.

MixedX Releases 'Love's Enigmatic Dance'

MixedX has released "Love's Enigmatic Dance" from its new studio banner, GetWitched, starring Candee Licious, Nata Gold and Zazie.

Queenie Sateen Headlines Final Installment of Seth Gamble's 'Luminati'

LucidFlix has released the fourth and final installment of "Luminati," the new cinemacore directing collaboration between reigning XBIZ Performer of the Year Seth Gamble and Siren Obscura, starring XBIZ Best New Performer Queenie Sateen.

PASS to Hold Comedy Fundraiser Next Week

PASS will host a comedy festival fundraiser next Friday, May 24.

Jada Stevens, Hollywood Cash Star in Latest From Ricky's Room

Jada Stevens stars with Hollywood Cash in "A Legendary Ass," from Ricky's Room.

Woodhull Urges the Supreme Court to Find Texas AV Law Unconstitutional

The Woodhull Freedom Foundation and the Electronic Frontier Foundation submitted a brief to the United States Supreme Court on Thursday, urging the justices to rule against Texas’ age verification law.

AEBN Publishes Popular Searches for March and April

AEBN has released the top search terms for the months of  March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Show More