Attached files
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8-K - FORM 8-K - BRANTLEY CAPITAL CORP | c60758e8vk.htm |
Exhibit 99.1
BRANTLEY CAPITAL CORPORATION PROVIDES DISSOLUTION UPDATE
FOR FURTHER INFORMATION | FOR IMMEDIATE RELEASE | |||
CONTACT:
|
Warren Antler | |||
The Altman Group | ||||
(212) 400-2605 |
NEW YORK, October 15, 2010 Brantley Capital Corporation (the Company) (NASDAQ: BBDC.PK)
today announced its intention to finalize the dissolution of the Company.
On September 28, 2010, the Securities and Exchange Commission announced that the Honorable
James S. Gwin, United States District Judge for the Northern District of Ohio, entered final
judgments in connection with a settlement of the Commissions lawsuit against Robert Pinkas and his
firm, Brantley Capital Management, LLC (BCM), for several violations of securities laws. BCM
formerly served as the investment adviser to the Company, and Mr. Pinkas served as the CEO of both
BCM and the Company. Among other things, the final judgments order Pinkas to pay approximately
$957,000 in disgorgement, prejudgment interest, and a civil penalty.
The final judgments also provide that the Commission may, pursuant to the Fair Fund
provisions of Section 308(a) of Sarbes-Oxley Act 2002, propose a plan to distribute the
money to be paid by Mr. Pinkas to deserving parties, subject to the Courts approval. The
Companys Board of Directors has requested that the Commission propose that the full amount to be
paid by Mr. Pinkas be distributed to the Company. There is no assurance that the Commission will
comply with the boards request or that any funds from the settlement will ultimately be
distributed to the Company.
The Companys Chairman, Phillip Goldstein, said, Mr. Pinkas settlement with the SEC brings
Brantley Capital Corporation closer to the end of a long and difficult journey that began when
serious wrongdoing by Mr. Pinkas and his cronies was first discovered. Upon the final
approval by Judge Gwin of the distribution of the settlement funds and, if applicable, the
receipt by the Company of any such funds and, if applicable, the receipt by the Company of any such
funds, the Company intends to make a pro rata distribution to shareholders of its remaining cash
less sufficient funds to administer the final wind-down of the Company. As of September 30, 2010,
the Company had approximately $1.4 million in cash or cash equivalents. The Company knows of no
other material assets or liabilities.
The Company
Brantley Capital Corporation, formerly a business development company, is currently in the process
of winding up its affairs, pursuant to a Plan of Liquidation and Dissolution as previously approved
by shareholders.