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Arrayit Corporation (ARYC) RSS Feed

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Created
04/20/07
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Moderators rokkdatstock

PENDING CRIMINAL DIVISION CASES

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.


https://www.justice.gov/criminal-vns/case/Arrayit

 
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