Activist Hedge Fund Told To Cease and Desist
Wednesday, July 9, 2008 : PermalinkWest Palm Beach (HedgeCo.net)- A preliminary injunction has ordered two officers of activist hedge fund Costa Brava Partnership III LP of Boston to cease and desist, refraining from all contact with former, current and future auditors of Telos Corporation.
Costa Brava officers, Andrew R. Siegel and Seth W. Hamot, who sit on Telos’ board of directors, were accused of making repeated threats of litigation against the company’s last two independent auditors. Both auditors resigned their engagements with Telos as a result of the conduct of Hamot and Siegel even though neither auditor had found fault with Telos on any accounting issues.
The actions were seen by Telos as tactics to break up the company on order to secure redemption of their public preferred stock.
In his order, Judge Matricciani also wrote that "Telos is likely to demonstrate that their (Hamot and Siegel) conduct was not just wrongful, but unlawful." The judge stated that the communications of Hamot and Siegel with Reznick may have violated Sarbanes-Oxley section 303 and SEC Rule 13b2-2, "providing another basis for liability for tortious interference with business or economic relations."
Attorneys for Hamot and Siegel have said they will file an appeal of the preliminary injunction with the Court of Special Appeals of Maryland.
Alex Akesson
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