Lawsuit Overview
October 28, 2011 - The court entered a judgment in favor of the defendants with prejudice.
October 7, 2011 - The court granted defendants' motion to dismiss and dismissed the case with prejudice.
September 8, 2011 - Defendants filed a motion to dismiss.
August 22, 2011 - The lead plaintiff filed a second amended consolidated complaint.
August 2, 2011 - The court granted defendants' motion to dismiss with leave to amend.
June 9, 2011 - Defendants filed a motion to dismiss.
May 11, 2011 - The lead plaintiff filed an amended consolidated complaint on behalf of investors who purchased Kohlberg Capital Corporation (NASDAQ: KCAP) common shares between May 7, 2008 and December 15, 2009. The lead plaintiff alleges that the defendants violated the Securities Exchange Act of 1934 by issuing false and misleading statements between May 7, 2008 and December 15, 2009.
March 21, 2011 - The court granted in part the amended lead plaintiff motion.
January 10, 2011 - An amended lead plaintiff motion was filed.
December 17, 2010 - Lead plaintiff and lead counsel were appointed and all cases were consolidated.
March 1, 2010 - Lead plaintiff motions were filed.
December 31, 2009 - An investor in shares of Kohlberg Capital Corporation (NASDAQ: KCAP) filed a lawsuit in the U.S. District Court for the Southern District of New York on behalf of all purchasers of Kohlberg Capital Corporation (NASDAQ: KCAP) securities between March 16, 2009 and December 24, 2009, over alleged violations of Federal Securities Laws by Kohlberg Capital Corporation and others.
According to the complaint the plaintiff alleges that Kohlberg Capital Corporation and its two top executive officers violated of Sections 10(b) and 20(a) of the Securities Exchange Act and Rule 10b-5 promulgated thereunder by issuing false and misleading financial statements between March 16, 2009 and December 24, 2009. The complaint alleges that defendants violated Generally Accepted Accounting Principles by failing to properly account for the fair value of its investment portfolio. The complaint further alleges that Kohlberg Capital Corporation misrepresented its efforts with its auditor, Deloitte and Touche LLP, to resolve issues regarding Kohlberg Capital Corporation's fair value accounting.
On November 9, 2009, Kohlberg Capital Corporation announced its auditor, Deloitte & Touche LLP, raised questions concerning Kohlberg Capital Corporation's methodology and process in valuing its loan portfolio under GAAP. As a result of these questions, Kohlberg Capital Corporation stated it would not be able to timely file with the SEC its third quarter results for the period ended September 30, 2009. As a result, Kohlberg Capital Corporation's stock price fell $0.56 per share, or more than 10%, to close at $4.96.
On December 15, 2009 Kohlberg Capital Corporation announced that its financial statements for the fiscal year ended December 31, 2008 and the first two quarters of 2009 should no longer be relied upon, due to issues regarding valuation of Kohlberg Capital Corporation's loan portfolio.
On December 24, 2009, Kohlberg Capital Corporation filed with the SEC a letter it received from Deloitte and Touche LLP, in which Deloitte and Touche LLP disagreed with many of Kohlberg Capital Corporation's contentions in its recent disclosures and on this news, the next two trading days, shares of Kohlberg Capital Corporation declined $0.44 per share or 8.5% per share, to close at $4.72 on December 29, 2009, so the lawsuit.
Kohlberg Capital Corporation, located in New York, is an internally managed, non-diversified, closed-end investment company. The Company originates, structures and invests in senior secured term loans, mezzanine debt and selected equity securities primarily in privately held middle market companies. In addition to Kohlberg Capital Corporation’s middle market investment business, its wholly owned portfolio company, Katonah Debt Advisors and its affiliates manage collateralized loan obligation funds (CLO Funds) that invest in syndicated loans, bonds and other corporate credit instruments. Kohlberg Capital Corporation reported in 2007 Total Revenue of $38.4 million and in 2008 Total Revenue of $49.21 million with a Net Income of $26.1 4million. Shares of Kohlberg Capital Corporation (NASDAQ: KCAP) traded recently at $3.89 per share, down from its 52 week High of $6.90 per share, $10.99 per share in August 2008, $13.35 per share in May 2008, and over $19 per share in 2007.