Michael Trimarco, a former officer of patent holding company Data Treasury Corp., cannot intervene in a lawsuit against Data Treasury and Nassau County District Attorney Kathleen Rice over an alleged “pay to prosecute” scheme.

Trimarco is fighting with Data Treasury over his right to exercise $100 million in stock options. Suffolk Supreme Court Justice Emily Pines (See Profile) ruled last year that he could not exercise the options because he was a “faithless servant” to Data Treasury while serving as its COO, trying to start his own related business without telling Data Treasury (NYLJ, Nov. 5, 2013).