James has contended that the law allows for public pretrial questioning of Continenza and Kodak general counsel Roger Byrd. Lawyers for the two men fought the proposal, and a referee, also known as a judicial hearing officer, was tasked with deciding the conflict. The referee, Elizabeth Shamahs, ruled Thursday that Continenza and Byrd did not have to be questioned publicly. The law allows for questioning of the individuals before a state Supreme Court justice or a chosen hearing officer, but does not dictate that the questioning be public, she determined.
With this investigation, James is using what is known as the Martin Act, which is a New York statute giving her expansive powers to investigate suspected fraud. The Martin Act does allow for public transcripts of the questioning of Continenza and Byrd, which will be released after confidential business information is redacted. Meanwhile, Kodak is the target of multiple lawsuits alleging that investors were also victimized by the failed deal.
Investigators have built their case under the Martin Act, Kodak's filing said. The state law empowers the attorney general to investigate and bring financial fraud cases without proving intent or knowledge of wrongdoing. Eastman Kodak says New York preparing insider-trading lawsuit [Reuters]. For more of the latest in litigation, regulation, deals and financial services trends, sign up for Finance Docket, a partnership between Breaking Media publications Above the Law and Dealbreaker.
Nothing says the future like a Rochester-based film dinosaur. No one at the International Development Finance Corp. Shaw has crunched the numbers and thinks the beleaguered company is worth something.
Or, you know, maybe not. The tentative loan, announced as the pandemic took hold, was intended to help Kodak pivot to chemical production to meet industry needs. Continenza to testify in open court, so the facts can be exposed before the American people," the statement added. Specifically, the attorney general is focused on Continenza's purchase of more than 46, Kodak shares early last summer.
In July, trading activity picked up in shares of the company ahead of the public announcement of the loan.
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