New York — Former Duane Reade CEO Anthony Cuti and CFO William Tennant failed in an attempt to have their 2010 convictions for securities fraud overturned. The Second U.S. Circuit Court of Appeals in New York upheld a June 2010 federal jury decision to find Cuti and Tennant guilty of providing misleading earnings information to shareholders and private equity group Oak Hill Capital partners, which purchased Duane Reade in 2004, between 2000 and 2004.
In August 2011, Cuti was sentenced to three years in prison and a $5 million fine on multiple charges, including conspiracy to commit securities fraud, securities fraud and making false statements to the U.S. Securities and Exchange Commission. Tennant was sentenced to time served and a $10,000 fine on a single charge of securities fraud.
Cuti is separately appealing an order to pay Oak Hill Capital Partners and Duane Reade more than $7.6 million in restitution. Walgreens bought Duane Reade from Oak Hill in 2010.