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Arrayit Corporation (ARYC)

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Arrayit Corporation
United States v. Mark Schena

Court Docket No.: 5:20-CR-00425

Court Assigned: These cases are assigned to the U.S. District Court for the Northern District of California, Robert F. Peckham Federal Building & United States Courthouse 280 South 1st Street, Room 2112 San Jose, CA 95113.

Next Proceeding: A status conference has been set for August 30, 2021 at 9:00 AM before U.S. District Judge Edward J. Davila. This hearing will be held via videoconference. Please contact us at Victimassistance.fraud@usdoj.gov if you would like to attend and require access instructions.

A trial is scheduled before Judge Edward Davila on May 10, 2022, 09:00 AM at Courtroom 4, 5th Floor, 280 So. First Street, San Jose, CA for the case which involves defendant(s) Mark Schena. At this time the Trial dates are set for: 5/10/22 - 6/3/2022.

Latest Update: In a superseding indictment filed on May 18, 2021, defendant Schena was charged with new counts of health care fraud, conspiracy to pay kickbacks and payment of kickbacks in connection with false and fraudulent statements about the existence, regulatory status and accuracy of an Arrayit COVID-19 test. The conspiracy allegedly sought to induce the ordering of the Arrayit COVID-19 test and to bundle, i.e., require combination with, the COVID-19 test and Arrayit’s medically unnecessary allergy test. The COVID-19 test results were not provided in a timely fashion and were not reliable in detecting COVID-19.

Criminal Charges: The president of a California-based medical technology company was charged in an indictment filed in the Northern District of California, in connection with his alleged participation in schemes to mislead investors and commit health care fraud in connection with the submission of over $69 million in false and fraudulent claims for allergy and COVID-19 testing. 

The charges against Mark Schena, 57, the president of Arrayit Corporation, is the first criminal securities fraud prosecution related to the COVID-19 pandemic that has been brought by the Department of Justice and charges three counts of securities fraud and one count of conspiracy to commit health care fraud.  According to the affidavit in support of a criminal complaint issued in June 2020, Schena touted that Arrayit is the “only laboratory in the world that offers” revolutionary “microarray technology” that allows Arrayit to test for allergy and COVID-19 based on a finger-prick drop of blood that is placed on a paper card and sent by mail to Arrayit’s laboratory.  In the first phase of the scheme, beginning in or around 2018 and continuing to in or around February 2020, Schena and others paid kickbacks and bribes to recruiters and doctors to run an allergy screening test for 120 allergens (including things ranging from stinging insects to food allergens) on every patient regardless of medical necessity, and then made numerous misrepresentations to potential investors about Arrayit’s allergy test sales, financial condition, and its future prospects.  In the second phase of the scheme, beginning in or around February 2020, Schena and others made false claims concerning Arrayit’s ability to provide accurate, fast, reliable, and cheap COVID-19 tests in compliance with state and federal regulations, and made numerous misrepresentations to potential investors about the COVID-19 tests and Arrayit’s future prospects for COVID-19 testing. 

Victim Impact Statement:  If you would like to submit a Victim Impact Statement, you may do so by mailing the Victim Impact Statement below (or a letter to the court) to: Victim Witness Unit, U.S. Department of Justice, Criminal Division, Fraud Section, 10th & Constitution Avenue, NW, Bond Building, Room 4416, Washington, DC 20530. You also may submit the Victim Impact Statement via email at Victimassistance.fraud@usdoj.gov or by fax at: (202) 514-3708.  Please note that during the Department’s period of telework in response to the COVID-19 pandemic, responses to faxes may be significantly delayed.


The information on this website will be updated as new developments arise in the case. If you have any questions, please call the Victim Assistance Line toll-free at (888) 549-3945 or email us at VictimAssistance.fraud@usdoj.gov.

Victim Rights and Contacts:  If you believe you are a victim who has invested in Arrayit, or you have taken a COVID-19 test prepared or marketed by Arrayit, please contact: The Fraud Section’s Victim Witness Unit toll-free at (888) 549-3945 or email us at victimassistance.fraud@usdoj.gov.

The information on this website will be updated as new developments arise in the case. If you have any questions, please call the Victim Assistance Line toll-free at (888) 549-3945 or email us at victimassistance.fraud@usdoj.govPlease note: As a result of the COVID-19 pandemic response, the most reliable method of contacting victim-witness staff is via e-mail. If you need to speak to someone over the phone, let victim-witness staff know in your e-mail, and someone will call you as soon as practicable.


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#203293  Sticky Note "New Charges Filed Against Medical Technology Company President MikeCr 05/27/21 11:32:59 AM
#204205   Not yet, but hopefully soon. mdimport 05/24/22 06:59:09 PM
#204204   Mark in jail yet? Starlight84 05/24/22 06:51:18 PM
#204203   LOLOL!! ARYC's catching it from everyone... janice shell 05/21/22 06:09:55 PM
#204202   Mexican "President López Obrador renewed his attack on MikeCr 05/21/22 11:30:08 AM
#204201   Much appreciated, as always mdimport! Prison time is Pennsy 05/05/22 06:35:45 AM
#204200   Jason Nielsen, 53, of Scotts Valley, was charged mdimport 05/04/22 10:09:44 AM
#204199   Jason Costanza, 46, of El Campo, Texas, was mdimport 05/04/22 10:07:35 AM
#204198   Every day that ticks by is a day rokkdatstock 05/03/22 06:44:44 PM
#204197   The SEC took too long to crack down mdimport 04/27/22 03:23:06 PM
#204196   Thanks as always MikeCr. Seems there will be Pennsy 04/25/22 08:43:03 AM
#204195   When they find a large number of companies rokkdatstock 04/21/22 07:52:51 PM
#204194   The wheels of justice have been rolling slowly Neotide 04/21/22 06:13:18 PM
#204193   Jason Nielsen charged with security fraud. MikeCr 04/21/22 05:33:04 PM
#204192   The day's coming that these delays will end, rokkdatstock 04/21/22 01:15:21 PM
#204191   FYI… UPDATE 4/19/22 DO NOT REPLY TO THIS EMAIL. Chaz1951 04/20/22 08:32:40 AM
#204190   Jury Trial Continued to July 26, 2022, at Neotide 04/19/22 07:08:22 PM
#204189   That is terrific news!!! Mark's slippery ways are Pennsy 04/18/22 06:45:40 AM
#204188   Hello Pennsy - here is the breakdown of Neotide 04/15/22 11:46:26 AM
#204187   FYI… DO NOT REPLY TO THIS EMAIL. logo April 13, Chaz1951 04/13/22 09:57:02 PM
#204186   It will be interesting to see what Taub Pennsy 04/13/22 06:21:56 AM
#204185   Yes, there was a press release Neotide 04/07/22 01:55:43 PM
#204184   Any word on the Tuab / Arrayit Bench sambone33 04/06/22 03:05:46 PM
#204183   Mark has been sued so many times he rokkdatstock 03/31/22 01:38:12 PM
#204182   Thanks for the update TravO 03/31/22 11:57:35 AM
#204181   Microarray Pioneer Arrayit Is Sued In SDNY So unpathedhaunt 03/31/22 09:11:59 AM
#204180   A pretrial motion(s) hearing has been scheduled for TravO 03/29/22 10:26:14 PM
#204179   No unfortunately not :( TravO 03/28/22 06:58:14 PM
#204178   I have been unable to load the meeting sambone33 03/28/22 06:53:14 PM
#204177   https://www.cms.gov/apps/clia/clia_start.asp?CLIANum=05D2147467&LabName=&GeoCity Lizzybird 03/28/22 06:14:55 PM
#204176   Thanks for the post. Reminder: @1:30pm zoom hearing TravO 03/28/22 04:14:33 PM
#204175   https://chatttennsports.com/373158/uncategorized/emerging-inkjet-printing-market Lizzybird 03/28/22 04:01:16 PM
#204174   I believe they just updated this info with TravO 03/28/22 03:04:08 PM
#204173   I can imagine new directors and officers would mdimport 03/28/22 02:16:14 PM
#204172   The fault always resides in the ones Neotide 03/28/22 12:17:20 PM
#204171   Yes we will can’t wait. Looking forward to TravO 03/27/22 07:08:35 PM
#204170   It's a very good question Neotide 03/27/22 03:01:47 PM
#204169   Please be advised, some here deal with facts, Pennsy 03/26/22 02:14:46 PM
#204168   Do you sense that OTC Markets will deregister mdimport 03/26/22 12:58:43 PM
#204167   Agreed, seems dire right now Neotide 03/25/22 04:03:55 PM
#204166   Thanks for the update. MikeCr 03/25/22 03:01:31 PM
#204165   Yes, in short strokes Neotide 03/24/22 06:02:11 PM
#204164   Have you been able to read the joint MikeCr 03/24/22 04:28:01 PM
#204163   It's far more complex that they way you Neotide 03/23/22 07:47:00 PM
#204162   They don’t testify against Schena if the charges TravO 03/23/22 02:55:18 PM
#204161   That’s correct. All the other chatter is nonsense rokkdatstock 03/23/22 12:36:44 PM
#204160   Please expand on "3 guilty pleas go out Neotide 03/23/22 12:13:05 PM
#204159   This is a slam dunk. And it’s fraud rokkdatstock 03/22/22 09:09:24 PM
#204158   Alleged fraud and supposed conspiracy;) case hasn’t gone TravO 03/22/22 08:55:46 PM
#204157   Aryc fraud and conspiracy is still a go. rokkdatstock 03/22/22 02:58:06 PM
#204156   Looks like 28th is still a go TravO 03/21/22 05:19:07 PM
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