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Sure. Do you know if they ever intend on filing again?
I think you need to watch this video:
Neo I learned a little more about the 12h-3(b)(1)(ii) rule if you are interested in hearing about it.
Yes I would agree
OUCH!!!
The SEC is not finished with him yet
The Court lifts the Stay in the Case. Defendant will mail his Answer to Complaint to the Courthouse, and the mailing must be posted no later than October 19, 2024. The Court refers the parties to Magistrate Judge Nathanael Cousins for an intial telephonic discussion regarding settlement set for November 7, 2024, at 9:30 AM. Order to Issue. Judge Cousins is permitted to set any future hearings in this matter before Judge Edward J. Davila, and may reach out to the Courtroom Deputy for the Court's availability. IMHO Schena gets banned from being an officer of a company for life and another large fine.
I would think that he would actually have to pay his old lawyer Pickles before hiring another for his appeal. Maybe Schena will go to the playbook and get an attorney and then stiff payment when he does not get the result he wants. IMHO the appeal will fall on deaf ears as the evidence was abundant and unless they find some kind of anomaly in the trial procedure no one would dare overturning a unanimous jury conviction. Schena should expect to serve every day of his sentence. But if anyone is holding on to hope that the appeal will somehow wash away all of the sins of the convictions, feel free to dream to uphold the felon of microarray's tarnished reputation.
And last but not least - Sentencing as to Paul Haje set for 10/28/2024 is CONTINUED to 11/25/2024. Haje has manage to delay his sentence for over a year now claiming something they found in the BOP report. Looks like all will be resolved before Thanksgiving. I'm thinking Haje gets 2 years + for his troubles.
Anyone know what happened in the Dollinger case??
What is the latest news? Mark has new lawyer for appeal?
If by moon you mean prison you’re late. Marks already there. Aryc
it's going to the moon. 🤦♂️
Couldn’t agree more. I’m “all in for da naz” my guy… ;) time will tell. God bless
Instead of speculating what will or won’t happen…..a short time will tell ARYC is what most of us know it is.
And I am asking you about Mark, who used to be the face of the company.
I’m talking about the company not Mark
Are you still of the opinion that Mark is innocent?
Says it right there. Check it out.
They have to file first to be approved for the 12h-3(b)1(ii) exception
<< if they are reporting with the SEC >>
They are NOT reporting.
<< They are basically a private company as far as filings are concerned for now. >>
That is totally incorrect.
The company is dead. Give it up. Acknowledgement is the 1st step.
K thanks. It does.
Was my post confusing?? ARYC has is and will be a scandalous useless prejail academy. Proven fraud. Proven by the DOJ and SEC. Proven by duped investors. Hope that helps clear up what I was saying.
Well, the rule states that as long as they are filing with the SEC that their suspension can continue without really a term limit. I’ve been reading on it. And if they are reporting with the SEC while dark, then we can’t see that now can we. They are basically a private company as far as filings are concerned for now.
<< 8-16-24 is 5 years later, that is tomorrow. It was filed on 8-19-19 which is also days away for the 5 year mark. >>
Both of those dates have passed. It was obvious to most that ARYC was done a LONG time ago.
It is high time that you admit to yourself that you were duped, and any money that you put into this company is long gone.
Are you saying it’s not possible for them to resume reporting and therefore resume trading? Cause it sure looks like they can
Just reading the rule. Open for your input, actual input regarding rule 12h-3(b)1(ii)
Sentencing as to Paul Haje set for 8/29/2024 is CONTINUED to 10/28/2024
Looks like Paul extended his sentence date again. Schena and the SEC should be continuing as well.
Looks like the uninformed are again trying to pretend there’s life in ARYC. Don’t be fooled. Schena behind bars. More should be. ARYC is the remnant of his failures and criminality.
It appears they only have to file the last three years.
Looks like they have the option to file again
Would they have to become current on the past years? Also, I wonder if Schena's upcoming case with the SEC would limit them.
Either way, it seems like another uphill battle. But this is IMHO. I think someone with SEC experience would have to weigh in on all of this.
8-16-24 is 5 years later, that is tomorrow. It was filed on 8-19-19 which is also days away for the 5 year mark. This is what sparked my curiosity. As always. Thank you for the conversation
Appreciate the reply. Look at the box that is checked.
Suspended, not terminated yet..
Rule 12h-3(b)(1)(ii) is a provision of the Securities Exchange Act of 1934 that allows an issuer to SUSPEND its reporting obligations under Section 15(d) for a class of securities.
Looks like they terminated their registration on 8/16/2019
After the five-year period, the company must either resume its reporting obligations or terminate its registration. If the company decides to terminate its registration, it will no longer be required to file reports with the SEC.
https://www.sec.gov/Archives/edgar/data/1084507/000143774919017063/arra20190816_1512b.htm
According to the Securities Exchange Act of 1934, Rule 12h-3 (b) 1(11) allows a reporting company to suspend its reporting obligations for a period of up to five years it it ceases to have any Securities and Exchange Commission (SEC) filing requirements. This rule applies to Arrayit Corporation or any other company that has previously registered under the Securities Exchange Act of 1934.
After the five-year period, the company must either resume its reporting obligations or terminate its registration. If the company decides to terminate its registration, it will no longer be required to file reports with the SEC.
For instance, even if the company is no longer required to file reports with the SEC, it may still be subject to certain disclosure requirements in various states where it conducts business or is incorporated.
Five years is upon us.
8/16/2019 signed.
8/19/2019 filed.
Not looking for arguments, just facts and if anyone knows more about this rule.
That’s some bass ackwards advice. You responded pretty quick to have given it up yourself.
Reporting again is not the only positive outcome. Thanks for the response
Give it up. ARYC will never report again....
Does anyone know time frame on Rule 12h-3(b) (1) (ii) of the Securities Exchange Act of 1934, is it five years before they have to report again?
Which means?
They are not operating? I'm not sure what to expect anymore.
Paul Haje sentenced in a few weeks. Schena's SEC case got pushed out until Aug as well.
Need a lawyer to find out what is going on?
Happy 4th Mark Schena. Can you see the fireworks between the bars?? Aryc. Better today
Doesn't Mark have an appeal coming?
He must have some good lawyers to delay so long but eventually the price will be paid.
Maybe he gets an extra ration of honey buns.
Next up: Paul Haje in August
Does ARYCs mark Schena celebrate Memorial Day in jail?? Perhaps Jason will visit
The source of fraud with Aryc is in its jailed leader. But others are guilty as well. Any word on how Mark is doing in prison?
He better be preparing things now
After the SEC gets through with him I'm pretty sure he won't be able to be an officer of a company ever again.
Perhaps he works in the fraud division of the prison. ARYC hasn’t been too spiffy at putting numbers out.
He is preparing an audit for April first?
Any updates on ARYCs incarcerated leader Mark Schena? Is he enjoying prison?
Yup sorry should have clarified. I meant the more recent settlement request
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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.gov. Please 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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