Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.
Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.
"However, there are situations where identifying the injured shareholders is too difficult or the cost of distributing the funds is too high, in which case the money may go to the U.S. Treasury instead"
A listing of the Non-Objecting and the Objecting (NOBO and OBO) shareholders is a required filing in a bankruptcy initiation. The bankruptcy judge and the bankruptcy trustee in the SpongeTech case recognized the extreme naked short position in that company, and the judge waived the requirement to identify the victim shareholders.
Shareholders were granted the authority to subpoena the market participants for the NOBO and OBO lists, and related ownership records, to include the Electronic Blue Sheets from FINRA. There's no such thing as too much naked shorting to identify the victims.
In fact, the DOJ subsequently filed suit in the criminal court to have the company's shares forfeited to them. I Objected, and argued that if the DOJ could identify company-controlled shares they wanted forfeited to them, they could also identify shares held by injured investors. The criminal court judge sat on my Objection until the criminal court case against management was concluded, at which time she also denied to hear my Objection.
Criminal court Judge Denise Cote, on the other hand, filed contempt of court charges against the eight, or so, defendants in her SEC v Cavanagh case, after I notified her of the presence of those defendants in the SpongeTech case, despite her bar against them. I am very impressed with Judge Cote.
You provided, "When it comes to disgorgement—the process of forcing wrongdoers to give up their ill-gotten gains—courts often allow the SEC to seek this remedy, and in many cases, the money is returned to harmed investors. However, it is not always the case...Each case varies, but in general, the courts aim to return funds to the victims if possible."
I would like to know how often disgorged money is returned to injured investors, instead of being stolen from shareholders a second time, this being done by the government.
I am very glad that we had Judge Shannon for our bankruptcy court proceeding. I'm not impressed with whoever the District Court judge was, and I can only hope for the best from the Appeals Court judges.
Much to the possibly pending chagrin of the class action lawyers, and contrary to the judges' conclusions in the District and Appeals Courts, the FDA's input was just the opposite of being "material." In fact, it is the FDA who has misled the courts, not management.
If you want to imagine a situation in which there is, "...a 100% cancer curing treatment," consider the findings of the PREACH-M study.
"PREACH-M trial: Lenzilumab may improve treatment response in chronic myelomonocytic leukemia...
These results suggest lenzilumab may normalize hematologic and inflammatory aberrations in CMML and improve the condition of participants."
https://www.news-medical.net/news/20230609/PREACH-M-trial-Lenzilumab-may-improve-treatment-response-in-chronic-myelomonocytic-leukemia.aspx
So the FDA's withholding of the beneficial impact of lenz, in both the PREACH-M and the LIVE-AIR trials, demonstrates it is they who are acting in bad faith...and permitting the continued preventable deaths, with the only justification for this criminal/willful negligence being the designed-to-fail ACTIV-5 government-sponsored trial of late stage patients on hospital ordinal scales 6 and 7, which exceed the disease severity levels established in the LIVE-AIR company-sponsored trial.
Are medical doctors expected to accept the criminal/willful negligence of the FDA, and watch the significant covid, covid-vaccine related, and excess deaths continue unabated everyday in this country? How about in other countries?
"8-fold improvement in the treatment outcome of Black and African-American patients, as well as an 8-fold improvement in the treatment outcome for all patients who were in the 1st quartile of CRP levels."
"Results from an exploratory analysis of the LIVE-AIR trial also suggested that Black and African American patients with baseline level CRP <150 mg/L may exhibit the greatest response to lenzilumab, with a nearly 9-fold increase in the likelihood of SWOV (Survival Without Ventilation)."
https://www.medrxiv.org/content/10.1101/2022.02.11.22270859v1.full
"Exploratory analysis for the effect of lenzilumab on SWOV was conducted by the CRP baseline quartile. Response to lenzilumab was observed in the first through third quartiles of baseline CRP with the greatest lenzilumab treatment effect observed in the first quartile (CRP <41 mg/L; HR: 8.20; 95% CI 1.74 to 38.69; p=0.0079)"
https://thorax.bmj.com/content/78/6/606
The phenomenal results shown above were from early-stage patients, ~60% of whom were on room air, and were in hospital ordinal scale 4. The FDA excluded this patient population in their ACTIV-5 trial, and included late-stage patients in ordinal scales 6 and 7.
The FDA would not have material input into issues not reflective of the "product trials/reviews." What "actual facts" are you referencing in this sealed case?
"The court concluded that the FDA's feedback was material..."
LOL!!
Was that conclusion based on the Lancet and Thorax peer reviews, as reported by the Mayo Clinic's lead investigator in the LIVE-AIR trial, who also took the lead in the establishment of using CRP as a biomarker?
Maybe we'll find out more about the FDA's role once the case is unsealed. Maybe it will become evident that lenz showed an 8-fold improvement in the treatment outcome of Black and African-American patients, as well as an 8-fold improvement in the treatment outcome for all patients who were in the 1st quartile of CRP levels.
The FDA, NIAID, the NIH, the SEC, etc., have met their match, bencozey. The same is true for their Big Pharma partners, and those who bet against our success. Truth is going to prevail. I can only hope that this leads to rescinding the discretionary authority embedded in the offices of unelected government bureaucrats. But I am least more confident that investors will see the benefit of an even bigger short squeeze than we saw previously. Management was smart in the way they designed their share structure. They were able to see the potential in lenzilumab, and leveraged that with a number of biotech firms, which may include Sanofi, Novavax, AstraZeneca, and Alphamab. I also think research entities such as Mayo Clinic, IMPACT, and the European Hematology Association are advancing lenz and ifab in CAR-T, CMML, and aGvHD.
We were very fortunate to have had Judge Brendan Shannon hear our bankruptcy case in Delaware. His approval of our amended Asset Purchase Agreement was a clear signal to me that management successfully proved their case, and I look forward to our restructuring.
I'd like a lot more than 10 minutes with both of them. I'd like to see what their beautiful minds can accomplish in addressing mitochondrial issues, especially in adults. Here's an AI-generated synopsis of the disease.
"AI Overview
Learn more
…
Mitochondrial disease can affect adults in a number of ways, including:
Progressive
The disease can progress slowly, making it more difficult to do everyday activities as people get older.
Multisystem
The disease can affect multiple systems in the body, even if symptoms are mainly in one organ system.
Subtle
Adult-onset mitochondrial disease can present in subtle ways, or it can be recognized later in life after symptoms were present in childhood.
Neurological
Neurological manifestations are the most common presentation in adults with mitochondrial disease.
Muscle weakness
Mitochondrial myopathies can cause muscle weakness in the face, neck, arms, and legs.
Exercise intolerance
People with mitochondrial disease may experience unusual feelings of exhaustion after physical exertion.
Progressive external ophthalmoplegia (PEO)
This condition can cause the muscles that control eye and eyelid movements to become paralyzed.
There is no cure for mitochondrial disease, but treatments can help manage symptoms and slow down the disease. Treatments may include physical therapy, vitamins and supplements, special diets, and medicines.
https://www.google.com/search?q=mitochondrial+disease+in+adults&sca_esv=89b9e73d172150e9&sca_upv=1&sxsrf=ADLYWIJ0cTFdrS15syndXqt_7AVDZ3-Oxw%3A1727009912745&ei=eBTwZpeULbbckPIPiLe3sQs&ved=0ahUKEwiXsP2izdaIAxU2LkQIHYjbLbYQ4dUDCBA&uact=5&oq=mitochondrial+disease+in+adults&gs_lp=Egxnd3Mtd2l6LXNlcnAiH21pdG9jaG9uZHJpYWwgZGlzZWFzZSBpbiBhZHVsdHMyBRAAGIAEMgUQABiABDIGEAAYFhgeMgYQABgWGB4yBhAAGBYYHjIGEAAYFhgeMgYQABgWGB4yCBAAGBYYHhgPMgYQABgWGB4yBhAAGBYYHkinMFCeCli-LHABeAGQAQCYAWmgAZIHqgEDOC4yuAEDyAEA-AEBmAILoAK1B8ICChAAGLADGNYEGEfCAg0QABiABBiwAxhDGIoFwgIKEAAYgAQYQxiKBZgDAIgGAZAGCpIHAzkuMqAHlEY&sclient=gws-wiz-serp
My doctor said that all of her patients complain about chronic fatigue, and there's no effective treatment or prevention.
We know that the Appeals Hearing has been terminated, and that the District Court case remains sealed pending the resolution of which items will continue to remain sealed. In the bankruptcy court case, we also know, "Status: On July 30, 2024, the Court entered an order resolving this matter.
Accordingly, a hearing on this matter is no longer necessary."
see pg 1/9
https://document.epiq11.com/document/getdocumentsbydocket/?docketId=1105685&projectCode=HUM&docketNumber=340&source=DM
I think management may have survived the lawfare, and may go on the offensive in that regard.
I don't see an immediate distinction between future and current shareholders.
My conscience is clear. I am also undaunted in expressing my assessment of our reality.
Contrary to a popular mantra, the truth doesn't always make you free. I think management is fully prepared to evidence the truth, and to see justice prevail, and to see shareholders rewarded.
The only madness I am trying to stop is the government's abuse of discretionary authority.
I think we'll all be glad that we invested here. There's more potential here than I routinely talk about, but I think we could benefit by our relationship to Mayo Clinic, and I think former Board Members Hohneker and Xie will develop lenz and ifab for ArriVent and AstraZeneca. In addition, there is the rather inconvenient fact that there are no medical countermeasures to prevent or treat a virulent form of coronavirus, or another type of virus altogether.
No, you didn't miss anything. My discussion of Novavax, and Sanofi, represents my own conclusions. What little indication I have seen that I may be right are the co-licensing and manufacturing agreements there have subsequently been between the two companies, to include Sanofi using the Novavax vaccine as part of their Covid Influenza Combination (CIC) vaccine. That market is reportedly twice as large as the covid market.
I noted previously that Novavax concentrated on obtaining regulatory approvals worldwide, before they even thought of applying for an EUA in the US. Smart CEO. And after they finally did apply for an EUA, I recall that the FDA wanted to see more data. I assume NVAX provided additional data from an alternate universe, but however they did it, they got additional information for the FDA to award their first EUA. Subsequent yearly EUA awards were not authorized until after the mRNA vaccines were approved. That happened again for this 2024-2025 current vaccine flavor.
"August 22, 2024
Updated August 23, 2024
Novavax and the U.S. Food and Drug Administration (FDA) are working together productively as the U.S. FDA continues its review of data in consideration of an Emergency Use Authorization (EUA) of Novavax’s 2024-2025 formula COVID-19 vaccine (NVX-CoV2705)."
https://ir.novavax.com/press-releases/Novavax-Continues-to-Work-with-the-US-FDA-on-Authorization-of-2024-2025-Formula-COVID-19-Vaccine
Once the mRNA vaccines had first-to-market access, NVAX was authorized.
Novavax 2024-2025 Formula COVID-19 Vaccine Now Authorized and Recommended for Use in the U.S.
August 30, 2024
https://ir.novavax.com/press-releases/2024-08-30-Novavax-2024-2025-Formula-COVID-19-Vaccine-Now-Authorized-and-Recommended-for-Use-in-the-U-S
Dr. John just released a new video in this regard, with information from Florida.
"On August 22, 2024, the United States Food and Drug Administration (FDA) approved and authorized updated versions of mRNA vaccines from Pfizer-BioNtech and Moderna.
"The FDA approved the vaccine for people 12 and older and provided emergency use authorization for children 6 months to 11 years old.
•Unvaccinated individuals 6 months through 4 years of age are eligible to receive three doses of the updated, authorized Pfizer-BioNTech COVID-19 Vaccine or two doses of the updated, authorized Moderna COVID-19 Vaccine."
The Florida Surgeon advised against the use of mRNA vaccines. Dr. John provides the data in support of this decision.
But what a mess! And the price could be paid even from infants only six months old.
Lenzilumab ought to be considered as one of the key Mabs evaluated by the ReVAMPP pandemic preparedness network. Lenz should be evaluated both as a therapeutic, as well as a vaccine enhancement.
Of course, distinctive selection of lenz for the ACTIV-5 Bet-B trial was achieved, to no avail. So the NIH AND management would have to agree on patient parameters for trial inclusion.
"Friday, September 13, 2024
NIH awards establish pandemic preparedness research network
Scientists will work on high-priority pathogens most likely to threaten human health."
https://www.nih.gov/news-events/news-releases/nih-awards-establish-pandemic-preparedness-research-network
I don't see where he stole anything from Humanigen shareholders. We still hold the covid patents.
https://patents.justia.com/assignee/humanigen-inc
And Taran still shows being assigned the CAR-T patents only.
https://www.plainsite.org/patents/assignment.html?id=11607371
For all I know, the rights Taran has for lenz may only relate to manufacturing and commercialization, for now.
I think the company is ready to announce a stock merger with Taran (or Humanigen Australlia), which was completed prior to the shares being dissolved. I think this will force a buy-in of Taran (or HA) shares to cover Humanigen shares held short.
I will not be surprised to see the merger news, along with regulatory approval of CMML, and possibly news regarding Sanofi and Novavax, tonight. I think we would have seen this news a few weeks ago, if the FDA hadn't delayed the Novavax authorization. I'm only saying this because you asked about what I expect, so now you know. This could be delayed if the District Court case remains totally sealed, so I would at least like to see partial case data, relating to management, unsealed.
Thank you for the 👍️, rjurko! I think management has more than just earned my continued confidence. I think I'm fixin' to be sincerely grateful to them for the bountiful reward they will make possible for me, and all shareholders. It looks to me like we are ready to succeed.
I have an expanded view of the facts in this case. I see no reason to take my focus off the graft and corruption of the US government agencies, and their Big Pharma benefactors/beneficiaries who have a role in this case. I have increasing confidence that our management team of Medical Doctor/MBA's, are on the right track, both to succeed, as well as to hold all parties guilty of malfeasance accountable for their actions.
Durrant once described the FDA as our collaborative partner. Later, he also claimed that withholding our regulatory authorization had cost tens of thousands of preventable deaths.
I don't think either statement remains accurate.
There probably are cooperative FDA employees who work with company executives in the design of their clinical trials. And I would not be surprised if management had productive working relationships with FDA employees in that group. But it appears that they are lower in the hierarchy than the FDA group that has authorization responsibility. That group granted themselves the power to Decline to award our EUA, despite the two peer reviews that made it impossible for them to Deny our EUA. That newly self-granted discretionary authority, which effectively kept lenz off the market without an insupportable Denial, should be rescinded, and the group that Declined to make a regulatory decision to approve the EUA should be fired and/or charged for failing to grant our EUA.
The tens of thousands of preventable deaths that Durrant claimed is a far cry from the tens of millions of covid deaths now being reported by some researchers. But Durrant was only referencing the preventable deaths that occurred from the time of our Declination, until the time of his comment. Nevertheless, that is STRONG language for a CEO to use against the FDA. But he did not back down from making the claim, and I think the abuse of discretionary authority by government agencies is part of the claims in the sealed District Court case.
So yes, I'm looking for the little guys to bring down the system.
It looks like management has us perfectly set-up. I can only hope that charges are filed by the IG/FBI against Pfizer, BioNtech, Moderna, NIAID, the NIH, the FDA, etc. The abuse of discretionary authority by unelected government bureaucrats has resulted in severe damage to Humanigen and the shareholders. But more importantly, it has resulted in the significant loss of lives that could have been saved by lenzilumab.
Peer-reviewed research in the International Journal of Vaccine Theory, Practice, and Research, found that "Our observations suggest the presence of some kind of nanotechnology in the COVID-19 injectables."
Some of the slides look like aerial photographs of earth works 'Time Team' archaeologists use in the UK when they are searching for Bronze Age castles, moats, etc. One slide looked like a schematic of an industrial spray booth gun.
You can view Dr. John's presentation of the data here.
"I'm looking forward to the realization that the status quo has changed, and that the IMPACT group, SAHMRI, Novavax, and Sanofi will redefine the requirement for lenzilumab, and that we will partner or merge with them, and fulfill the reason for the bankruptcy judge's amendment to the Asset Purchase Agreement."
I think we're ready.
I hope the reappearance of a monetary value for our shares portends that a merger is finally in play.
I see that the monetary loss is once again being reflected on my Humanigen shares, instead of that amount being "N/A."
"I suspect that circumstances in this case indicate malfeasance by the FDA, NIAID, the NIH, and the SEC, as well. I can't see any other reason that this case remains sealed."
I hope that state AG's, like Ken Paxton of Texas, have initiated or joined a criminal investigation of the government's graft and corruption in this case, which remains sealed, even though management's role appears to have been litigated. God help us if the FBI is the sole criminal investigator.
I'm surprised that Sanofi hasn't leveraged the PREACH-M and RATinG studies, and pushed for regulatory approval of lenz from Australia. We should be seeing the interim analysis of lenz from the RATinG study at any time.
I would love to get on with my life, with the full measure of success that I may deserve. But right now, "My focus is on the fact that preventable deaths are occurring everyday."
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=174897470
There are a reported 31M people who have suffered "excess" deaths, including the 17M who died of covid vaccine-related complications. Why not do what we can to allow future victims to also get on with their lives?
"FDA Authorizes Updated Novavax COVID-19 Vaccine..."
https://www.fda.gov/news-events/press-announcements/fda-authorizes-updated-novavax-covid-19-vaccine-better-protect-against-currently-circulating
I hope this news proves to be relevant, perhaps even pivotal, for Humanigen and Sanofi.
The allegations in this sealed case are denied. That's one of the facts in this case. But I looked at our path, based on your assertion that the shell is defunct, which I still can't accept, and even if you are correct, we still have a path forward. So I, too, will continue to outline facts from my pro-management perspective. They deserve nothing less than all the support that I can give them.
"...no shell, no shares..." no worries?
If they did a stock merger with Taran or Humanigen Australia, they're likely to further merge into a new joint entity with a subsidiary of Sanofi, or with Novavax.
I don't see that effort relaxed at all.
You and I both read the bankruptcy filings, focusing on the text that supports our positions. Humanigen could save hundreds of millions of dollars, if they went that way. We'll see what the Liquidating Trustee allowed. But, at this point, we don't need three entities.
"I suspect that circumstances in this case indicate malfeasance by the FDA, NIAID, the NIH, and the SEC, as well. I can't see any other reason that this case remains sealed."
Hey, Geoff, does this potential malfeasance by government agencies explain the reason for your corrected report? The paper trail is probably easy to follow from Moderna, BioNTech, and Pfizer. This is SOP for them.
It's confusing to me, SG44. The sentence leading in to the paragraph you quoted says "The Debtor or the
Liquidating Trustee, as applicable, are authorized to execute, deliver, file, or record such contracts,
instruments, releases, and other agreements or documents and take such other actions as may be
necessary or appropriate to effectuate and implement the provisions of the Combined Plan and
Disclosure Statement."
I question comments about there being no shell for our shares to be traded from. I still think management is preparing to merge Humanigen into Taran, whether that was done in a stock-for-stock merger, or if management went ahead a did a 5:1 merger. Taran wants the covid market, and Humanigen has the IP.
https://www.plainsite.org/patents/assignment.html?id=11607371
"I can't see any other reason that this case remains sealed."
Actually, I could see a merger partner seeking to keep certain information non-public until clinical data is published, or at least until Novavax, for example, gets their 2024-2025 covid vaccine re-authorized in the US.
The Appeals Court case is terminated. The judges note:
" It appears that the parties are currently conferring regarding the continued sealing of all or part of the District Court case. The parties must immediately notify this Court when a decision has been made on the sealing issue by filing a response to this order. The response should include a copy of any District Court orders entered on the sealing issue. Further instructions will then be provided to the parties, if necessary, for the filing a motion pursuant to 3d Cir. Misc. L.A.R. 106.1(c)(2). Until the issue of sealing has been resolved by the District Court, all documents within this case will be sealed."
https://www.pacermonitor.com/public/case/50820730/SEC_v_Dale_Chappell,_et_al
So what facts were 'presented by the SEC' in this sealed case? Also, Cameron is not a defendant in this case, and you shouldn't accuse him of fraudulent behavior.
I suspect that circumstances in this case indicate malfeasance by the FDA, NIAID, the NIH, and the SEC, as well. I can't see any other reason that this case remains sealed.
By the way, Geoff Winkler filed a corrected status report last week, when I was really hopeful for news, instead of a glitch.
https://www.pacermonitor.com/public/case/52335094/SECURITIES_AND_EXCHANGE_COMMISSION_v_CHAPPELL_et_al
You can read the patient inclusion criteria for the LIVE-AIR and the ACTIV5-BET-B trials at https://clinicaltrials.gov/
Hold onto your emojis, boys. Just because management didn't want to jump off the high dive into the kiddie pool, doesn't mean they won't jump off the high dive in the deep end. Everything still appears on track, even though I am dry, when I wanted to splash around a little bit. In fact, when it comes to governmental oversight and full media disclosure, focus is being intensified.
See Dr. John's video. The convergence of governmental oversight with media exposure is particularly well-exhibited at the 08:45 minute mark, where we see a significant, even if coincidental, pairing of names that could figure prominently, particularly when holding the FDA accountable.
I'm very disappointed that last week's Omnibus Hearing didn't generate news proving to be the springboard to our resurrection and success.
That is not to say that the bankruptcy hearing failed to accomplish management's objectives.
I still see pieces to our success in play all over the place. But I would have expected, at least hoped for, instructions on how the game would continue to be played.
I'll keep watching for corroborating news. But, 'time' has been, and continues to be, a relevant and important factor for me. I hope management can improve the quality of life for investors, just as lenz can improve the quality of life for patients (except that their recovery is much faster).
"Don't know much about history"
"I've seen data, such as the Lancet and Thorax peer reviews, supporting management's claims in terms of the safety and efficacy of lenzilumab. I did not see a Litigation Release or an Admin Proceeding filed against the company, because the file is evidently sealed. Nor did I see the Appeal, or any filing by the DOJ. I understand, however, that the SEC felt there an inference of scienter."
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=174966560
"Don't know much biology"
"Now, however, we are beginning to see the more relevant number of covid-associated excess deaths.
The bottom line, from these researchers, indicate a total of almost 31M excess deaths, with almost 17M of them attributable to covid vaccines."
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=174898042
As I recall, the EMA asked Novavax to confirm the reported efficacy of their vaccine, and to ensure that it had geographic replicability, which only took NVAX about three weeks to substantiate.
Now, the FDA is once again denying NVAX simultaneous market entry for their vaccine, and leaving US medical professionals with no alternative to mRNA vaccines. I only hope that this delay has not prevented management from putting the pieces of our going-forward game plan together this week.
Well, who can argue against someone who has a file on AFS? I certainly don't have one.
But, you say he was appointed receiver in Sept 2023, and the Form 4 was signed the following month. You must not have a very extensive "file."
The amount of time I was referencing for Geoff was the following.
October 2023: Geoff signed the Black Horse Form 4 for the various entities.
https://www.sec.gov/Archives/edgar/data/1293310/000101359423000819/xslF345X05/form4.xml
July 2024: Geoff signed the bankruptcy court Agreement regarding the Black Horse assets.
https://document.epiq11.com/document/getdocumentsbydocket/?docketId=1095423&projectCode=HUM&docketNumber=320&source=DM
What was he doing in that 8 month period? Was he, "...instituting internal controls to prevent fraud and provide assurances in reporting; and turnaround and restructuring businesses." So it appears that AFS does, after all, provide restructuring services. Or, you may want to let him know that according to your file on AFS, he does no such thing.
https://americanfiduciaryservices.com/about-afs-1
AGAIN, it looks like the Novavax covid vaccine gets sidelined, while the Pfizer and Moderna mRNA vaccines get first access to the US market.
https://ir.novavax.com/press-releases/Novavax-Continues-to-Work-with-the-US-FDA-on-Authorization-of-2024-2025-Formula-COVID-19-Vaccine
https://www.fda.gov/news-events/press-announcements/fda-approves-and-authorizes-updated-mrna-covid-19-vaccines-better-protect-against-currently
American Fiduciary has had almost a year to convert our HGEN shares for shares in Taran/Humanigen Australia.
And as I said before, I don't think Taran has the covid and device patents, we do. Taran appears to have been assigned the CAR-T patents only.
https://www.plainsite.org/patents/assignment.html?id=11607371
The unsecured creditors are only owed $44M. We would pay them off with funds resulting from reaching a Milestone Event. I don't believe there would be any additional debt, if we merge with Taran.