05/24/24
ZimCal Publishes Emails to/from Medallion that Expose Medallion’s Repeated Inaccuracies
Between December 2023 and March 2024, Stephen Hodges corresponded with representatives of Medallion Financial Corp., principally its then-President Andrew Murstein, regarding ZimCal’s investment and its concerns about the company’s governance, leadership and strategy. ZimCal published eight documents from the correspondence on May 24, 2024, during its campaign to elect two directors it had nominated to Medallion’s board. ZimCal published them to support its assertion that the characterizations Medallion made of the parties’ discussions in its proxy solicitation materials were false and misleading and violated Section 14(a) of the Securities Exchange Act. In its May 15, 2024 cease and desist letter, counsel to ZimCal asserted that every communication during this period confirms ZimCal preferred to remain invested in Medallion, and that Mr. Murstein and Medallion were the ones pushing ZimCal to sell its trust preferred securities. The eight documents are reproduced below in chronological order.
First Request by MFIN to ZimCal to try to get ZimCal to provide a “monetization” option.20231204ZimCal explains to MFIN its concerns with governance, leadership and strategy and that it wants to remain an investor.20231212Request by ZimCal for clarification of what “monetization” meant and why MFIN was requesting it.20231218Response to MFIN Payoff Request Call.20231220Follow up with MFIN detailing reason for activism and desire to stay invested in MFIN.20240101Murstein states that MFIN will treat ZimCal as hostile.20240205Letter to the Board of Directors of MFIN sent at request of MFIN’s counsel and Mr. Murstein.20240212Request by ZimCal for MFIN to stop focusing on a payoff and focus on business improvements.20240301