Processing your request


please wait...

Case Page

 

Case Status:    DISMISSED  
—On or around 10/28/2011 (Date of order of final judgment)
Current/Last Presiding Judge:  
Hon.Miriam Goldman Cedarbaum

Filing Date: December 31, 2009

Kohlberg Capital Corporation ("Kohlberg" or the Company) is an investment company that focuses on middle market companies.

According to a press release dated December 31, 2009, the Complaint charges that Kohlberg and its two top executive officers violated the federal securities laws by issuing false and misleading financial statements during the Class Period. 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 the Company misrepresented its efforts with its auditor, Deloitte and Touche LLP ("Deloitte"), to resolve issues regarding the Company's fair value accounting. When these allegations came to light, the market value of Kohlberg securities dropped, damaging investors.

The Plaintiffs filed a Consolidated Amended Class Action Complaint on May 11, 2011. The Complaint named additional company individuals as Defendants in the action.

On August 2, 2011, the Court released an order granting the Defendant's Motion to Dismiss. The Court gave the Plaintiffs leave to file an amended Complaint, and on August 22, 2011, a Second Amended Consolidated Class Action Complaint was filed.

On August 22, 2011, the lead Plaintiff filed a Second Amended Consolidated Class Action Complaint, and the Defendants responded by filing a motion to dismiss the Second Amended Consolidated Class Action Complaint on September 8, 2011.

On October 28, 2011, the Court entered Judgment granting the Defendants' motion to dismiss and dismissing the second amended Complaint with prejudice.

Protected Content


Please Log In or Sign Up for a free account to access restricted features of the Clearinghouse website, including the Advanced Search form and the full case pages.

When you sign up, you will have the option to save your search queries performed on the Advanced Search form.