Audit Integrity Tells SEC Hertz Seeks To Silence It With Suit
08 October 2009 - 9:23AM
Dow Jones News
Audit Integrity, a research firm, wrote to the Securities and
Exchange Commission saying Hertz Global Holdings Inc. (HTZ) is
trying to "silence" its independent analysis, an effort that
"warrants an investigation by the SEC."
Hertz had filed a lawsuit in Superior Court in Bergen County,
N.J. against Los Angeles-based Audit Integrity last month, alleging
Audit defamed it in a report.
Audit produced a research report, based on quantitative
analysis, called a Bankruptcy Risk Model, and identified the 20
large-capitalization companies it said were most at risk of
declaring bankruptcy. The report stated that Hertz, along with 19
other firms, was likely to file for bankruptcy protection within
the next year.
The lawsuit, and Audit's response, raise the issue of
retribution against research firms and analysts who publish
negative reports. Similar confrontations have occurred in the past.
Rochdale Securities analyst Dick Bove, who at the time worked at
Ladenburg Thalmann, was sued for defamation last year by
BankAtlantic Bancorp (BBX) after he issued a report called "Who is
Next?" following the collapse of IndyMac Bancorp Inc. Bove has said
his legal costs have approached $1 million.
According to Audit Integrity's founder and chairman James
Kaplan's letter to SEC Chairman Mary Schapiro, Hertz "has offered
no evidence of factual errors or inaccuracies in our analysis."
Hertz didn't respond to a call for comment.
Kaplan wrote in the letter, "The SEC would serve the markets and
investors well by insisting that companies with material financial
risks not be allowed to deny these problems exist without providing
substantiating evidence."
Kaplan told Dow Jones Newswires that Audit feels protected under
the First Amendment, and it did review the Hertz data again to make
certain there were no factual errors with the hundreds of
datapoints used with the model.
Audit has taken issue that Hertz has tried to rally the other 19
companies to file a lawsuit against Audit as well. Kaplan noted his
concerns in the SEC letter about Hertz's "blatant attempt to induce
more than 19 companies to consider legal action against Audit
Integrity."
Hertz is seeking injunctive relief and unspecified monetary
damages, including punitive damages, for "false and harmful"
information about Hertz.
-By Jessica Papini, Dow Jones Newswires; 212-416-2172;
jessica.papini@dowjones.com