Fallout from last summer's circulation scandals continued in
recent weeks, as advertisers in Milwaukee sued their hometown paper
claiming the paper had fudged its circulation numbers for almost a
decade, while stockholders in Tribune Co. -- or at least lawyers --
claimed that inflated circulation affected the worth of their holdings.
In late April Shorewest Realtors of Brookfield, Wis., filed a class
action suit against Journal Sentinel Inc. and its Milwaukee Journal
Sentinel -- the largest division of publicly traded Journal
Communications Inc. -- saying that the paper had "artificially
inflated [advertising] rates to surreptitiously overcharge" the
company.
The apparent crux of the complaint rests on the fact that less than
three months into her tenure as the Journal Sentinel's new
publisher, Elizabeth Brenner sought resignations from three executives
in the circulation and marketing departments.
Brenner characterized those departures as a desire for better
leadership and for tightened overall procedures. She denied that there
were any irregularities similar to those found last summer at Newsday,
the Chicago Sun-Times or the Dallas Morning News.
In an interview with a Journal Sentinel reporter, Joseph Horning,
president of Shorewest, said that the lawsuit was based on information
brought to the company by current and former Journal Sentinel
employees.
Journal Communications said in a filing March 10, g with the
Securities and Exchange Commission that it had "initiated a review
of its circulation practices and made self-deductions from its net paid
circulation for its [ABC] Publisher's Statement for the period
ending March 31, 2005, in consultation with the ABC.
The suit alleges that the Journal Sentinel raised its circulation
figures by giving papers away for free, donating them to schools, merely
throwing them away and complex third-party resale agreements.
Starting last Monday, at least five law firms from around the
country had filed class-action suits against Tribune Co., saying that
the company and its top executives had covered up or "recklessly
disregarded" the circulation fraud at Newsday.
They all alleged that Tribune officers and directors violated the
Securities and Exchange Act of 1934.
And the suits all indicate that Tribune's stock dropped from a
high of $48.19 on June 7 -- days before the Newsday scandal was
revealed -- to a low of $41.58 on July 15, the day the company admitted
that circulation numbers for the previous three years had been
inflated.
Of the five firms attempting to become the lead lawyers
representing the plaintiffs, three are also involved in a similar suit
filed last summer against Belo Corp., publisher of the Dallas Morning
News, another paper that has admitted circulation fraud.
At the Northern Illinois District of the U.S. District Court --
where the Tribune suit will be tried -- the lawyers are all competing
to see who will get to represent the class' lead plaintiff. Of
course, at this point there is no one actual Tribune shareholder who
has come forward, but there certainly will be. In Milwaukee, I suspect
there are equal quantities of revenge and wishful thinking at work.
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