Man, they should have given him more time for all the scams he pulled prior to the Covid sham. He has been doing this for a couple of decades. However, I am glad he finally got what he deserves.

lololol.

he was lucky that he didn't get more.

Outstanding! Given the circumstances, as presented by the Defense, I was hoping for a minimum of 5 years. Seems like Judge McFadden did a nice job of sorting through Berman's team's BS.

So! Stick a fork in it!

I hope someone snapped a pic of that fat scamming pig bitch crying as the judge read that sentence. That would be worth all of my losses.

7 years, 7 years and 5 years (Concurrently) with 3 yrs supervision thereafter!
So... that is like... "7 years but don't even think of appealing... there is no point!... we got you forwards backwards sideways and upwards... Compris?.... Now Say Thankyou Judge!!"

I take that as the judge showing leniency at the same time as not swallowing any of Berman's bullshit! Nor that of those that spoke up for him!
And as he is below the 10yr limit, he will probably score minimum security. I think the 3yrs supervision is important given the sociopathic behavior exhibited...
I can live with this outcome. They guy is old and sick and I am not cruel. They have locked him up good and hard, but they have not thrown away the key.

But then again , I didn't lose any money. (Nor did I make any... I am honest! . And I sleep at night!)
I just saw this toxic POS for what it was and posted warning notices for others to see (As did several others.
For which I got abuse and intimidation where 'thanks' would have been due.(As did several others... to whom I owe thanks for their warnings that were heeded!)

Ideally I'd like to see ALL of those bottom feeders that scored $ off the back of this DECN scam gone after by law enfrorcment. No one should be able to show a profit in a sad situation like this. No one!

Justice is not quick, but sometimes it gets there in the end!

7 years!
+3 supervised release!

Berman's sentencing hearing was supposed to start about two hours ago. Wish it was being streamed on YouTube or some other fine subscription service. Actually, I suppose it could be done by now. Waiting for the magic words, "Keith Berman remanded to the slammer!"

LOL! A perfect description of the Keith Berman Effect!

The tragic part of the sentencing process is the "moral compass" you mentioned will never be part of the discussion. The glowing remarks in the support letters made me want to blow lunch. Similar to a number of our politicos, Berman was obviously the Pied Piper of his own highly irrational cult.

I am extrapolating here, but I guess what was happening was this...
Akpha Capital Instalt were advancing "loans" to DECN with punitive conditions....
OID and interest with D4E swaps that would hurt retail shareholders.

Berman was using the loan principle to pay The Bio Co for supplies and development effort, to support his 'online entertainment' habit and fund his lifestyle,

Meanwhile he was using "Stories" - like the TOV litigation with the prospect of a $300m JnJ litigation pay out (... which was never happening, and didn't) to keep the share price buoyant and attract in 'marks' who would hoover up the shares that Alpha were dumping after conversion at inflated prices.

As the TBJ development effort was losing traction, the 'Shoe in' TOV/ Patent JnJ litigation was the hook for new retail investors.
When that went south initially, he doubled down with the appeal (get 'em cheap) and when that when the way of the dodo the Covid scam fell into his lap like manna from heaven!
All the time, vultures like Alpha were probably coining it in in healthy compounding interest, OID discounts on repayable loan notes, while pocketing discounted shares that were being dumped to the market as quickly as they were vested, thereby diluting any retail investors who actually bought into Berman;s BS to waste.
Rinse and repeat.

Remember that Berman/DECN never even developed Genultimate 'generic' test strip!! - he was just the distributor. The whole (generic) glucose strip business all fell into his lap when Shasta (who did develop the JnJ generic and filed the 510K) sh&t the bed with the FDA and Berman sued them for breach of contract,

To read DECN's press releases, -and Berman's pleading - you'd be forgiven for thinking that DECN - and Keith Berman himself - had invented the whole field of enzymatic glucose amperomtry!

When in fact they inherited some smbg knock-offs from elsewhere via litigation, and used that business to give a veneer of legitimacy to what amounted to a pink sheet pump and dump scam!

As long as DECN stayed afloat, Alpha could keep the finance shekels rolling in, and Berman could maintain the porn habit and lifestyle to which he had become accustomed!

The only losers were DECN retail investors -or "Penny stock traders" as Plutonium would pejoratively label them!


DECN WAS A SCAM!

And the scary thing is ..... it could happen again!
And probably will!

Time served Keith? I think NOT!!!!

Despite several flaky business models, which had no chance of any significant success, DECN stayed in business by touting a grand future, based on heavily promoted lawsuits. How many months did DECN hang on, while Berman was operating under the cover of the lawsuits against J&J? Ultimately, DECN (Berman) never disclosed any of the financial details related to the purported J&J "settlements"! My guess is the settlements were so rotten (or non-existent) Berman could never justify the time and money it took to chase verdicts that had no chance of ever happening. For many years DECN survived, not due to any business activity, but due to Berman's inclination to blow smoke, much like the GenViro/Covid fiasco! For me an important remaining question is, "How did Berman personally survive, if he never took personal compensation from DECN, PharmaTech, and/or any of the related companies? A deep dive by an SEC forensic accountant, with public disclosure, would have been special! Oh well.....

It is interesting to note the number of "confused" statements found in Berman's Sentencing Memorandum. IMO, Berman's attorneys, coupled with Berman's imagination, provided their somewhat whacked out view the scam. It likely goes without saying, but their statements were not always truthful. It seems the Berman gang concluded the SEC and/or DOJ would not invest the time and/or effort needed to verify the bogus claims. I bet there are just a few people, you and I included, who could help clarify! And the ridiculous claims about St. Keith always endeavoring to serve mankind, seemed to overlook the many years of BS he spewed related to the diabetic test devices. Apparently Berman's family has abandoned him (remember the crap about needing relief from his bail travel restriction to allow visiting his now estranged son in San Diego?), so this very sickly, broken and broke old man should be instantly freed for time served, as of this coming Friday. The Government wants 10 years and Berman's team is lobbying for 1 year. Hmmm...how about a compromise? 5 years sounds logical to me.

I guess many of those that lost money investing in DECN will be wondering where the rest of the money (the part that was not 'expended' by Berman on 'entertainment' and 'lifestyle') has gone?
My guess this may have been the likely destination of a fair chunk of DECN cumulative investor losses over the years...
https://theactivistinc.medium.com/alpha-capital-anstalt-8c8dff4f1351
I am not suggesting that there I anything illegal about lending lending at punitive interest rates to distressed companies - which is what Alpha seem to do... vulture cpaitalism is just that!
But Alpha Capital Anstalt do seem to have some quite close links to LH Financial Services corp.
And Arie Rabinowitz of LH wrote this touching character reference to the judge for our dear keith....for the sentencing hearing.
https://storage.courtlistener.com/recap/gov.uscourts.dcd.225086/gov.uscourts.dcd.225086.195.4.pdf

I guess its the least he could do, given how profitable all those loans (and interest repaid, and shares converted) that alpha advanced DECNs way might conceivably have turned out to be over the years?

I have no information beyond what is in DECN's published accounts to go on here (and who knows what can be made of those....)... and I am sure that some 'paper' losses will have gone the way of DECN lenders....
But it would also not surprise me at all if it turned out that these guys were 'net' substantially in the black when the music stopped.

Really interesting looking at Berman's defence technical expect conclusion....that he is trying to use in mitigation...
At least it is to a geek like me!

Now... The only part of that whole submission that is remotely relevant in any way is this passage: (the emphasis is mine...!)

Oh my! You must be one of the "non-shareholder malcontents" Berman referenced in the "shareholder" letters to the SEC. LOL! It's been fun reading the documents recently added to Pacer, especially the Exhibit Lists! I was reminded Berman threatened to hire a private detective to identify me and get details on "Fredo", the SEC attorney. The Exhibit Lists included literally hundreds of our posts from IHUB. It was a fun trip down memory lane! BTW, the April 5 Government's sentencing document lobbied for a reduced sentence of a meager 10 years in the slammer and 3 years of supervised probation, rather than the actual guideline of potentially over 20 years. FYI, the Government concluded the overall financial losses from the DECN scam exceeded $20mm, potentially up to $68mm. The loss amount, i.e. "in excess of $20mm", is one of the factors used to determine Berman's time behind bars. If memory serves, the actual sentencing is set to happen in the next two or three weeks.

That is 1 year that Berman has now served in Federal detention on remand (9months) or as a convicted felon (3 months) .
Today is the evidenciary hearing that will determine how much more jail time he will face.
Given the extent and nature of his misdeeds, and his shenanigans during pre-trial release, I expect he will enjoy many more years federal hospitality.
Some comfort for his victims there perhaps, but little practical assistance to them, since the money is long gone it seems!

Whereas this has aged like a fine Italian Chianti *. A cheeky 3 year old from a fine vintage. Salut!
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=157413215

*DECN investors can take some cold comfort from the fact that it has now been 1 year since Keith Berman last enjoyed the freedom that would have allowed him to enjoy one of these!

Alas... History has not been kind to Jimbob either....
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=157366967

This is a link to the msg referenced in the Government filing...
Nice context to the messages around that time.
History has been kinder to some of us than it has been to others, eh pumper stumper (you were on the mark!)?
(Erm... You might want to Look away now Timetravelerdos and others!)
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=157378677

https://investorshub.advfn.com/Decision-Diagnostics-Corp-3805?nextstart=90189

In pre-sentence evidence, Berman is trying to contend that the extent of investor losses which resulted from the fraud to which he pleaded guilty was...... erm... zero....

I imagine that will come as 'news' to many of his investors... Am I right Luka?


I tried to carefully 'follow' the logic and rational behind his arguments therein but ended up with my leg wrapped around my head and looking at the back of my own neck.... such were the knots in the reason and the circularity of the arguments advanced!.

I would expect that the prosecution will nail this jello to wall without too much difficulty. The judge is well aware of his continued fraud whilst on bail, so pretty clear this should not wash!

If anything, its pulling tiger's tail!

https://storage.courtlistener.com/recap/gov.uscourts.dcd.225086/gov.uscourts.dcd.225086.177.0.pdf

Piker

This is an affinity immunoassay approach (known) with a high sensitivity Field effect transistor transduction methodology (known).
Unlike Berman's nonsense, this could actually have the potential to actually work.

Berman should have tried breast cancer detection instead:

https://pubs.aip.org/avs/jvb/article/42/2/023202/3262988/High-sensitivity-saliva-based-biosensor-in

i just got back from a visit to the wayback machine. we really could have had fun with berman under the new tou rules.

In my judgement she certainly seemed to be making a better fist of the sisyphean task of defending Keith than Herzog was ever managing.
But some of that may just have been that it was probably harder for Berman himself to intervene as actively in his own defence on her watch, vs his prior counsel, as he was committed to jail for most of it.
I expect he will get a fair hearing, she will make all the mitigating arguments possible, and then he will be thrown back into jail for a great many years. His shenanigans whilst on remand will cost him some additional time for further reflection, I do not doubt.

Keith may not present any physical danger to the public, but given that as recently as a couple of weeks before his bail revocation he was engaging in fraudulent conduct - and simply lying his way through the checks and balances that should have acted as some restraint - , it can be argued that he definitely remains a danger to the public in terms of financial harms. And that should count against him, when it comes to any arguments in favour of securing an early release.

berman should hope that his public defender is a miracle worker.

Timetable for sentencing process in the criminal indictment...

https://storage.courtlistener.com/recap/gov.uscourts.dcd.225086/gov.uscourts.dcd.225086.172.0.pdf

There is a link on the attached...
https://www.justice.gov/criminal/criminal-vns/united-states-v-keith-berman

NOTE: Deadline for Victim impact statement is 27th Feb so I would not hang about!
Tell your friends, i guess!

Where can I find this “victim impact statement” so I can submit my sustained losses and bury this MFer as long as possible?

The criminal case put all of these proceedings in abeyance for fear of evidence prejuducing the criminal indictment where the evidence bar was set very high.
Essentially, the resolution of a guilty plea in the criminal case has unblocked the stayed civil litigation. This is a case of tidying up the filing.
Clearly the trading suspension was justified. Clearly the appeal against the trading suspension should be denied. Because the appeal was filed by a criminal. Who was perjuring himself. This pertinent fact was long anticipated, but only legally settled 6 weeks ago. Earlier action on this would have been potentially prejudicial, so had to wait.

Well the good news is this:
(i) after a guilty plea sentencing is all that is left to be determined.
(ii) It is possible for those who sustained losses to submit a victim impact statement ahead of the sentencing hearing.
(iii) The main outstanding bone of contention w.r.t. sentencing is the extent of investor losses.
DOJ contend that investor losses were in the 10's of millions which adds several years to sentencing guidelines putting things into the 9-13 years range. Whereas defence are contending that losses were lower and shooting for a lower term on that basis.
So in a way... any investor who lost submitting a Victim impact statement containing verifiable losses CAN influence the length of sentence finally handed down.
How many will remains to be seen.

Yeah, it takes so long for justice to prevail, doesn't it. Too bad shareholders who were scammed and lost everything are not allowed to determine sentencing.

that's interesting reading giving insight into how the commission operates. however, almost 4 years? geesh. i believe the criminal case is still ongoing.

DECN: SEC Order Jan. 29,2024:

https://www.sec.gov/files/litigation/opinions/2024/34-99439.pdf

THE POS IS IN JAIL??? WHERE??

Well Keith Berman has spent his first Christmas in Jail.
Its an outcome, I guess.
Not a happy one. But not a sad one.
Because the only outcome I wanted was his victims not being victims.
I wrote that Bfarm letter not to hurt DECN shareholders or even to give to fingers to Berman with his 'ad hominem' attacks.
I wrote that letter to protect Germans.
My great aunt spent 6 weeks in ICU with covid.
She was a week away from having the machines turned off.
Her doctors (and family ...she was comatose....) signed her up for the RECOVERY trial. A proper trial.
With proper clinicians. Doing proper science.
She was switched half way through to a cheap widely available drug (Dexamthasone) that saved her life.
(Not that nonsense hydroxycholoquine that unifinformed dangerous idiot Trump was espousing for no other reason that to try and convince people he could handle words of 3 syllables or more!)
She spent this Christmas with her family.
In good cheer.
And good ... well recovering ... health. She started on Trumps voodoo but got swicthed to womething that actually worked. And was also cheap.
The RECOVERY Trial was state funded.
Socialised medicine.
No guns were involved.
Millions of lives were saved.
No one was jailed.
I am not aware of any pornography being involved (mmm Keith!).
There is a right way and a wrong way to do things.
And genviro was always the wrong way. It distracted resources.
I posted here because if you don't suggest to people the right way to do things...
there are too many vested interests telling them the wrong way... (injecting bleach is NOT good. You probably should not vote for someone who suggests you invest bleach. They may not have your best interests at heart!)
RECOVERY Trial (good) .... Vaccination efforts....(stellar)
They were the heroes.
Berman wasn't even an arch villain.
He was a bottom feeder. A porn junkie who cared less about the lives of the loved ones of those whose livelihoods he scammed than he did about the power he exerted vicariously over those he abused.
A bully.
That is not the behavior of a rational human!
I will raise my glass tonight knowing that this charlatan can't.
The only outcome I wanted Keith was your victims not being victims.
Anyway... Happy Christmas.
Justice is not nice.
Its justice.

Court filings show the judge in the SEC civil litigation has been officially notified of the guilty plea in the parallel criminal trial.
That means the case can be un-stayed.
My prediction is that there would be an immediate motion for summary judgement by the plaintive (SEC) on the basis of this new information.
When that motion is granted (which I expect it will be) that case will end, and judgement will be issued without further procedure.
Keith could try and defend further in theory. But its unlikely.
Keith ultimately resorted to the service of the public defender for representation in his criminal trial.
I cannot say definitively that he would not be able to call on the services of 'pro bono' counsel in this civil litigation, but I would doubt it for a number of reasons. I just don't think it would qualify (I could be wrong!)
And if he engaged paid counsel in the civil suit after pleading impecunity in the criminal case... well.. let's just say that is not a good look, is it!?. I expect they would come down on that like a ton of bricks.
In any case, being shown up as potless helps him when it comes to sentencing in the criminal case as it limits the extent to which he has been seen to profit from his crimes.
So once they dot the i's and cross the t's this civil litigation will judge for the plaintive, keith will bet a disqualification (from office holding) and a theoretical financial penalty which will go unpaid.
DECN will be wound up as insolvent and disincorporated if this hasn't already happened.
.