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

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Molly Little Headlines 1st Installment of Seth Gamble's 'Luminati'

LucidFlix has released the debut installment of "Luminati," the new cinemacore directing collaboration between reigning XBIZ Performer of the Year Seth Gamble and Siren Obscura, starring Molly Little.

Emma Rose Stars in 'Shifting Gears' From TransAngels

Reigning and two-time XBIZ Trans Performer of the Year Emma Rose stars with Tony Genius in "Shifting Gears," from TransAngels.

Age Verification: FSC's Mike Stabile Reports from the Frontlines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Bella Rolland Toplines 'The Sex Impulse' From Sweet Sinner

Bella Rolland headlines "The Sex Impulse," the latest release from Mile High Media studio brand Sweet Sinner.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Show More