Hawthorne Heights Suing (And Maybe Leaving) Victory Records

Emo-punk band Hawthorne Heights say that they're parting ways with Victory Records and have filed a lawsuit against the label, citing fraudulent accounting practices among their accusations.

Hawthorne Heights released a statement on their website regarding the departure, and claim that the split is "anything but amicable." The band blamed the actions of Victory chief Tony Brummel as part of their reason for leaving, claiming that he's "a man that cares more about his ego and bank account than the bands themselves."

Hawthorne Heights insist that the final straw came when Brummel allegedly wrote an email to the group's street team instructing its members to move copies of its If Only You Were Lonely album to prominent retail display areas and in front of Def Jam artist Ne-Yo's new record, which was released on the same day.

The band claim that the head of the street team, Abby Valentine, took the blame for the incident although it was Brummel who wrote it. They also allege that Brummel issued a manifesto "calling rock supporters to arms and virtual declaration of war on hip-hop and Ne-Yo done under the guise of a band message," which the band claim resulted in them being labelled racists.

"Because of these letters," the band's post went on to say, "our second album debuted at #3 on the charts, an incredible feat, which would normally be cause for joy, but now is tainted much like Barry Bonds' statistics."

"Despite the band's lack of knowledge or approval of Brummel's schemes and tactics, Hawthorne Heights have become irreparably associated in the public mind with Brummel's conduct," they claimed in their lawsuit filed in the District Court of Northern Illinois on Monday.

The Dayton, Ohio quintet maintain that they've sold 1.2 million copies of If Only You Were Lonely and The Silence In Black And White, and that Victory has received more than $10 million U.S. in revenue from sales of their CDs, DVDs and merchandise, yet the label still claims that the band owe it more than $1 million.

"We have never received a single dollar in artist royalties," claim the band. "Tony will claim that we have not 'recouped,' a term used by those in the music business which means the label has spent more money in advertising than has been made by CD sales."

In fact questionable accounting practices are the culprit and we are in fact owed substantial amounts of money much like audits from Taking Back Sunday, Thursday and Atreyu have uncovered.

"While Hawthorne Heights say they're leaving Victory, Robert Meloni, the label's litigation counsel, insists that the lawsuit has no merit and that he "fully expects Hawthorne Heights to honour their commitment to deliver two additional studio albums to Victory pursuant to their recording artist agreement with Victory."