SEC, FTC Investigating Heartland After Data Theft

Wed, Feb 25th, 2009

Federal agencies, including the U.S. Federal Trade Commission and the U.S. Securities and Exchange Commission, have begun investigating Heartland Payment Systems following a massive data breach at the payment processing company.

Company President and Chief Financial Officer Robert Baldwin Jr. disclosed the investigations during Heartland's quarterly conference call with investigators Tuesday, saying that the SEC had launched an informal inquiry into the company and that there is also a related investigation by the Department of Justice. The U.S. Department of the Treasury's Office of the Comptroller of the Currency (OCC), which regulates national banks and their service providers, has launched an inquiry, as has the FTC, he said.

Heartland has also been hit with a class-action lawsuit relating to the breach, which was publicly disclosed on Jan. 20. "We may, in the future, be subjected to other governmental inquiries and investigations," Baldwin said during the call. "We intend to vigorously defend any claims asserted against us."

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