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That is the Quest Diagnostics test that was already emergency use authorized and is now also approved for pool testing. The samples are taken with a long swab up your nose, very close to your brain. lol. As we all know, Arrayit’s antibody test is capable of pooling samples using 4 drops of blood.
Dr. Fauci recently spoke of pooling samples as a quicker and more efficient way of testing.
From what I have read, the demand for this particular type of air purifier is much greater than the current supply and it’s a worldwide demand. Vystar’s units should easily fly off the shelves, especially since their product is already FDA certified.
This is just the beginning, imho.
No, there was an amended Order that released him on his own recognizance and he didn’t have to come up with even one penny for bond. That is the TRUTH. It’s in Pacer.gov.
So far, 86,172,461 in volume at 1:30 p.m. Average 10-day volume is 23,000,000. Soooooo....Wow!
:))
Absolutely absurd. He has NOT been convicted, ERGO he cannot be placed on parole. The judge ruled in his favor so he is out without having to come up with even one penny, just a promise to appear. That is the TRUTH.
lol. More made-up poop...to what end is the question.
Love this, so cool: "Vystar anticipates receiving the first shipment of 10,000 RxAir400 units and replacement bulb cartridges from the new manufacturer in approximately 45 days. Vystar is currently taking pre-orders on its RxAir.com website. It has received cash deposits on pre-orders of approximately $1 million of RXAir products at retail."
And this is just the beginning! This entire PR should be stickied.
Oh captbob2112, you of all people know that VYST is a perfectly legitimate company. Things don't always happen as quickly as we would like, but that is life and Murphy's law. This stock continues to be a BUY.
:)
Looks like it. Let's not stop this time around.
:)
That is not what I am talking about. I am talking about Covid-19 and the possibility that ARYC's test will be FDA authorized, since it is now "close to 100%." Normal people would be happy at the possibility that Arrayit could be part of the solution to the ongoing devastation we are seeing with no end in sight.
What you are talking about must be proven BEYOND A REASONABLE DOUBT. So far, Attorney Pickles has made some excellent points, and I am sure there will be many more, some are already obvious. Normal people reserve judgment until a court case is concluded.
Are you sure? Maybe he is working at the lab doing GOOD for the American public, and world for that matter working with the FDA on Covid-19 testing and other issues.
Defendant's brief - excerpt:
The gravamen of the unexamined allegations in the complaint regarding testing and billing is that Dr. Schena allegedly conspired with a particular physician for that physician to submit tests to Arrayit even though the tests were unnecessary, and that the physician gave Dr. Schena his/her identification number and that test were submitted without the physician’s knowledge. Putting aside the fact that (a) all that is known about the physician is that he/she is cooperating with the government to obtain a reduced sentence; (b) there is no discussion at all as to the source of the physician’s knowledge; and (c) much of the allegations refer generally to “Arrayit” or “others” or an “executive” at Arrayit, even if these were true they would not support prohibiting Dr. Schena from working in the laboratory. Presumably no tests have been submitted by this physician since he began working with the government, and any alleged tests under the physician’s name can be removed from the queue if they ever were there.
Prohibiting Dr. Schena from working in the laboratory to perform any testing is thus not the “least restrictive” condition given the limited historical allegation of processing unnecessary tests submitted by a particular physician. The other theory of criminal liability in the complaint is that Dr. Schena allegedly made various statements to the public and others about COVID-19 testing or other aspects of Arrayit that were allegedly inaccurate. Again, putting aside the fact that much of this appears to have been drawn from unattributed posts on a public investor message board, or parsing particular tweets that are attributed by the government to Dr. Schena, much of this conduct is from 2019 or before and, equally saliently, this does not relate to Dr. Schena’s work in the laboratory. Notwithstanding the above, as noted, Dr. Schena does not object to a prohibition on communications, including tweets or on other venues. Thus, the government’s concern about misinformation is already adequately addressed by a different condition of release. On the other hand, barring Dr. Schena from the laboratory has no connection with the allegations of inaccurate statements.
Finally, the complaint includes allegations about the COVID-19 testing performed by Arrayit and that it is somehow not in accordance with the standards by the Federal Food and Drug Administration (FDA) or results in false positives. To be clear, FDA has not “approved” any COVID-19 test in the United States, but rather there is only FDA “authorized” COVID-19 tests under emergency use authorization (EUA) which authorization is not required under FDA policy for tests developed and used in a CLIA certified high-complexity laboratory such as Arrayit. Nonetheless, Arrayit has voluntarily submitted a pending EUA application with FDA that for its COVID-19 serology test because it has validated an antibodies test with nearly one hundred percent specificity and sensitivity (the allegations about the specificity and sensitivity of Arrayit’s test for COVID-19 in the criminal complaint is inaccurate and out of date). The FDA and California regulatory bodies are the appropriate agencies to determine the efficacy of the serology testing by Arrayit; especially during the current shortage of clinical laboratories able to perform such testing across the country. Regardless, the present complaint and conditions of releases involve only Dr. Schena. Dr. Schena should be permitted to perform the work of a Laboratory Manager at Arrayit.
(Brief signed by Attorney Pickles regarding conditions of release.)
You must have forgotten that Mark was RELEASED on his own RECOGNIZANCE. No money paid, just a promise to appear.
Full docket text for document 13:
AMENDED ORDER Setting Conditions of Release $2,000,000 UNSECURED BOND Entered as to Mark Schena. Signed by Magistrate Judge Laurel Beeler on 6/17/20. (cfeS, COURT STAFF) (Filed on 6/17/2020)
How Judges Decide to Release People on OR
Judges have nearly absolute discretion when it comes to deciding whether to require bail or release a suspect on his or her OR. Generally, the same factors that might incline a judge to set low bail may persuade the judge to grant OR release. Thus, factors favoring OR release include a suspect’s good past record, longtime residence in a community, support of family members, and employment.
You know that’s not what I said.”
Show us an order by the judge that says he can’t leave his house. Last we knew he was back working at the lab.
No, they are not usually waived! Mark didn’t waive his right to a hearing since it’s been scheduled for 8/11, and it could take several hours since both sides will have plenty to talk about. No drama. Just a fair hearing.
What???
Do you understand how a preliminary hearing works?
Not true. “If the judge concludes there is probable cause to believe the crime was committed by the defendant, a trial will soon be scheduled. However, if the judge does not believe the evidence establishes probable cause that the defendant committed the offence, they will dismiss the charges.”
https://www.justice.gov/usao/justice-101/preliminary-hearing
Of course that is true for the arrest warrant. For a prosecution to take place, however, that cannot happen until the Judge decides after hearing both sides at the preliminary hearing whether or not there is probable cause. That was the subject of the discussion, not the arrest.
Hey, I am not the one who decided to add perjury to the charges just for fun.
There are two counts in the complaint and perjury is NOT one of them. I don’t remember you ever providing a “charge sheet” that shows he is charged with perjury.
And I don’t see an amended Complaint adding a third count.
lol. Whatever.
Incorrect, but arguing about it is silly, and your last sentence makes no sense. The DOJ can arrest and bring charges against anyone. That doesn’t mean any of it is true or that they rule the world or can be the deciding force, or prove their case. That’s why we have fair and impartial judges, at least we hope they are.
Hi RT - can’t PM. Here is the link
https://www.gtlaw.com/en/professionals/p/pickles-todd-a
Wrong. It is not an automatic thing after an arrest. Probable cause must be shown before prosecution. An arrest and the charges are one-sided. The Judge will decide where it’s going after the preliminary hearing.
WHAT????? If and when the judge decides there is PROBABLE CAUSE, a prosecution would occur. If the Judge decides there is not probable cause to go forward, then he will dismiss the case. Simple.
Persecution, however, one could say has been ongoing. lol.
Do you find this sufficiently clear?
The really funny thing is that Mark HAS NOT even been charged with this brand new made-up crime yet he is already convicted and sentenced to 5 years? OK then. Makes perfect sense.
lol.
lol. A good parent would advise their son to tell the truth and take responsibility if he is guilty and to fight like hell if he is not.
At least Mark's attorney will have a chance to question all of the errors and false statements that are already contained in the DOJ's complaint, as well as some of the statements made by Physician #1, which everyone is assuming is Dr. Taguchi. If she is called as a witness, he will have an opportunity to cross-examine her to determine if the DOJ left out important details, like if there is a reasonable explanation or misunderstanding or error underlying her statements to the DOJ. Who knows what they threw in her face or in Mark's face during the investigation. Seasoned criminals they are not.
Preliminary Hearing
Once the defendant has entered a plea of not guilty, a preliminary hearing will often be held. The prosecutor must show that enough evidence exists to charge the defendant. Preliminary hearings are not always required, and the defendant can choose to waive it.
It must be held within 14 days of the initial appearance if the defendant is being held in jail. If the defendant is out on bail, it must be scheduled within 21 days of the initial appearance.
The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses. However, the defense cannot object to using certain evidence, and in fact, evidence is allowed to be presented at a preliminary hearing that could not be shown to a jury at trial.
If the judge concludes there is probable cause to believe the crime was committed by the defendant, a trial will soon be scheduled. However, if the judge does not believe the evidence establishes probable cause that the defendant committed the offence, they will dismiss the charges.
https://www.justice.gov/usao/justice-101/preliminary-hearing
Wow! Thank you for sharing. It’s quite handsome and serious looking at the same time. I hope it helps keep you safe.
If you want to believe everything this U.S. Postal Inspector said in her sworn Affidavit, then go for it.
She has made an unbelievable amount of really stupid and totally false statements, which is inexcusable for the brilliant professional she claims to be, and that is especially sad because the DOJ obviously counted on her. The question remains: What else has she gotten wrong or distorted?
Case dismissed!
Have no idea why this has been drifting down since the IPO, but I really don't care. The price for this "retailer of the year" is really cheap, imho. Just this morning I happened to hear Cramer say not to spend more than $25/share for ACI. OK. Check!
:)
Let them PROVE IT. Until then, Mark is presumed innocent. End of story.
Again, I was NOT talking about the DOJ's charges. I was talking about the accomplishments of the company, a completely different subject.
No, what I am talking about is what ARYC accomplished as a company, and that was HUGE.
What you are talking about isn't even true. Mark is not "being prosecuted." Whether or not that will happen is up to a Judge after he hears both sides.
Many goals were realized over the last few years, and how they were accomplished is part of ARYC's history, which is easily located. Yes, Mark was very busy during that time right in the midst of it all. There would have been little time to play around with Twitter or play video games.
Many goals were realized over the last few years, and how they were accomplished is part of ARYC's history, which is easily located. Yes, Mark was very busy during that time right in the midst of it all.
He took responsibility by saying "I am responsible for much of it," but it is clear that he wasn't the only one posting on Twitter. Sounds like he wasn't about to name anyone in particular, like the marketing person he spoke of at one time. There could have been many others as well, as it is true that Mark had his hands full during that time.
I believe this is the plan ARYC was trying to follow to become current: Delinquent Filers : Option C: Terminate Exchange Act Registration by Filing a Form 15 Followed by a Form 10 Registration Statement[
If a Company qualifies to do so, they may file a Form 15, terminating its Exchange Act registration and thereby relieving it of the Exchange Act reporting requirements. To qualify to file a Form 15, a Company currently must either have fewer than 300 shareholders, or fewer than 500 shareholders if it has assets of less than $10 million.
Title V of The JOBS Act amends Section 12(g) and Section 15(d) of the Exchange Act as to threshold shareholder requirements and registration and deregistration requirements such that the shareholder threshold before requiring registration and subsequent reporting with the SEC has been increased from 500 to either (a) 2,000 or more, or (b) 500 or more unaccredited shareholders. It is expected that the SEC will implement rules to amend Exchange Act Rule 12g-4 to conform with Section 12(g).
A Form 15 does not technically relieve a Company’s obligation to file past due reports (only future reports); however, in practice the SEC does not generally require such filings.
An Issuer that files a Form 15 may thereafter file a new Form 10 registration statement subjecting it to the Exchange Act reporting requirements going forward. As with all Form 10 registration statements, the Form 10 will include two years of audited financial statements.
Option C is especially attractive to a Company that is in excess of two years delinquent in its reporting requirements and cannot reasonably obtain the records necessary to complete its audits for those years beyond the two-year period
One thing I can say about the exaggerated inventory runs is I just don’t understand any of it. I remember Mark saying they had a marketing person who was responsible for most of the Twitter content, so there’s that. The DOJ must prove that it was Mark who did all of the nasty deeds. But even If he didn’t compose them and knew they weren’t true, he should have had them corrected. There is also a remote possibility that he wasn’t aware of the tweets at all because the company was very busy at the time trying to get all their ducks in a row and establishing themselves with various entities like CMS/Medicare, Medicaid, credentialing specialists, new distributors and doctors and clinics, among many other things like learning an entirely new system of billing, etc.
In the DOJ’s complaint, it quoted the tweet, which used the word “commenced,” so technically they could have just started the run and worked on it as long as they could, stopping when resources ran out. The other thought I had was that in Mark’s enthusiasm he took legal puffery to an entirely new level. I mean, everyone was excited about this brand new source of revenue that was going to grow the company by leaps and bounds. As to this particular topic, the DOJ simply said “there was no evidence” that those inventory runs happened. Well, what does that even mean? I mean she could have provided a tiny hint as to how and why she came to that conclusion.
I am not trying to defend anyone. Just trying to look at all sides logically, and all the points I have brought up about the faulty DOJ complaint (as well as the SEC’s suspension order), whether viewed as ridiculous or not, are ALL TRUE.
Right, the Delinquent Filers Program is not for delinquent filers. It is for current filers. The SEC just misnamed it.
But yes, 2 years of audited financials should do the trick. The Form 15 suspended their obligation to file periodic reports. The word “suspend” indicates it’s a temporary thing.