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In #13 and #14, she contradicts herself. “Percutaneous skin testing remains the test of choice....overall it is quick, safe, and cost-effective...”. Then later she says “under conditions where skin testing is not possible or unreliable,” blood testing for allergies would be indicated.
So if scratching up a patient’s back proves to be unreliable, then blood testing would be indicated, otherwise it’s just not the test that should be used. Huh? Why not start with the reliable test first before you scratch up someone’s back? Good grief, putting a child through the torture of having his or her little back scratched up seems wrong when a few drops of blood would do a much more thorough job of testing for many more allergens than the scratch test would and be less traumatic for the little kid.
Blood tests for allergies are being offered by other companies like Thermo-Fisher too.
I wonder if she inadvertently forgot to tell us about her science background.
#19 in the affidavit states the company diluted “several billion” shares. No they didn’t. The share structure has remained the same for years, and there are only 2.4 billion authorized. Not possible and just another false statement.
Nope, that is incorrect. The SEC gave "conditional regulatory relief" on 3/4/20 and the 45-day extension on 3/25/20, BOTH BEFORE 3/31/20.
Quote: "Vystar is a SCAM run by a con man and is hiding the financials until the last possible minute."
Too funny. C'mon, even you know VYST is no scam. And Home Depot has nothing to do with it.
lol
And there are many, many MORE who haven't. If Covid-19 had nothing to do with timely filings, then why oh why did the SEC extend filing time limits by at least 45 days? Good grief, just about every business had to shut down indefinitely with sick and dying people all over the place. You don't know what they needed to do, or what they had access to over these several months.
Give them a break, like the SEC did.
Of course they were affected. Many public companies need a break in time limits for filing, and last I heard, the SEC has given a 45-day extension if they need it.
I don't know of any companies that would be ready to start working on financials a few days after the end of a quarter and year.
Why would he? It was still a work-in-progress; hence the new and improved "close to 100% in sensitivity and specificity."
Shareholders have heard very little from Mark since last August. I don't know why anyone would expect a play-by-play from him on their test.
Life is different now. I believe it's going to happen sooner rather than later, and eight months isn't all that long down here in the valley. Plus, who knows who they're negotiating with about the sale of their FDA Certified Rx3000 UV Light Air Purifiers for Use in Healthcare Facilities
:))
OK, so Arrayit, which worked very hard to attain Medicare/Medicaid provider status for its allergy testing, as well as "deemed status," and approvals by other insurance companies is going to IMMEDIATELY start deliberately defrauding Medicare?
Are "kickbacks" and "bribes" dramatic DOJ ways to say "commissions and bonuses" as ARYC was trying to build up a NEW business with their CLIA certified lab.
You can't believe everything you read. Let them prove their case.
Hoping for "verifiable" news about the RX-Air spinoff and distribution to shareholders. It's probably late due to the mess the world has been in since the pandemic started. RX-Air is a potential GOLDMINE, and the spinoff may be very close.
Something's definitely afoot...
:))
Absolutely, and bombardment with the right keywords: "coronavirus" "Covid-19," "lies about FDA authorization," etc., which was EXACTLY what the SEC was looking for, so they ran with it on hearsay and little, if any, investigation. The proof is in the wording on the suspension order, and the timing seems perfect.
Also, we know there were some looking for payment under the SEC's Whistleblower's Program.
Give me a break. Close to 100% means surpassing their original Covid-19 test, which wasn't even that bad, at 85.7% sensitivity and 88.1% specificity.
Good points! Things to ponder...
lol. Arrayit’s “response“ was to develop a Covid-19 test and submit it to the FDA for EUA status. After the first submission they continued to work with the FDA and now have an updated test with close to 100% specificity and sensitivity according to defendant’s brief filed with the court. ARYC is still on the FDA’s list today, updated 6/18/20. Doesn’t sound like a scam to me. Sounds like they were trying to help fight the coronavirus. But that’s just me.
No one paid $2 million. Didn’t happen.
Hi Jerry. I think it’s pretty good news that the Judge ordered the waiver (she didn’t have to) to prevent a “miscarriage of justice “ and to allow the defense adequate time to investigate and prepare a defense.
To me, it seems the judge has an understanding of the seriousness of the charges and maybe even recognized some problems with the DOJ’s case, so it “feels” like her ruling was favorable to Mark. Plus, this case is extra important because it involves the pandemic and Covid-19 testing, and the DOJ’s erroneous take on ARYC’s test and status with the FDA and untrue hearsay fed to the SEC, which the Judge may have already picked up on.
Good luck with your new shares. It’s hard to resist these prices!
:))
That is unfair. Mark is still presumed innocent. Taub isn't. Neither of them are birds or have feathers.
Taub was a CROOK before he became involved with Arrayit. Mark and Rene didn't know it at the time, unfortunately. That case has been discussed many times on this board. Taub = known crook.
No, bad point. Taub WAS proven to be a crook when he worked for Paine Webber. A totally different case, long before he knew anyone at Arrayit.
Obvious? We shall see, won't we? The case is sloppy and slippery and I hope they lose just on the erroneous allegations that right now can be proven to be false. Defendant's attorney also spoke of Arrayit's billing policies.
Nothing in this case is OBVIOUS, other than innocent until proven guilty.
My pleasure, SG. On the 2nd of July I would love to hear that after the Judge listens to both sides, she will conclude the hearing with gentle parting words:
"DOJ, I AM THROWING YOU OUT OF HERE AND TAKE YOUR EXTREMELY FLAWED AND SLOPPY CASE WITH YOU! This case is dismissed. Now, Dr. Schena, go back to work and do your part to save the world from this unrelenting BEAST that continues to torture our country and the world."
Court adjourned.
lol.
:))
Absolutely, or the court of the media or the court of public opinion or the court of stock message boards.
That is addressed in the brief too.
Love that too. The GLARING, INACCURATE, OUT OF DATE CONCLUSION made by the DOJ or SEC about Arrayit's Covid-19 is my favorite.
"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 preliminary hearing is set for 7/2/20. Maybe the judge will pick up on some of the gaps, inconsistencies, and hearsay in the DOJ's case and dismiss the whole darn thing.
"At the conclusion of a preliminary hearing, the charges will either be dismissed by a judge, reduced by the judge, or the defendant will be “bounded over” and forced to stand trial for the original charges."
I don't see any stock manipulation either. It's all very crazy. I think Nielsen may have done what thousands do every day. He didn't lie in his posts, unlike the other side.
Arrayit's Covid-19 Test - NOW NEARLY 100% specificity and sensitivity
Excerpts from Defendant's Brief - USA v. Mark Schena - filed and entered 6/16/20, modified 6/19/20.
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).
Excerpts from Defendant's Brief - USA v. Mark Schena - filed 6/16/20 -
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 release involve only Dr. Schena. Dr. Schena should be permitted to perform the work of a Laboratory Manager at Arrayit.
D. Conclusion
The Court should find that Dr. Schena’s work in the laboratory as the Laboratory Manager at Arrayit is permitted under any terms and conditions of release. No further conditions should be imposed, including requiring security for the bond. Respectfully,
DATED: June 16, 2020 GREENBERG TRAURIG, LLP
By
Todd Pickles
Defendant
"The most severe sanctions went to Reuben Taub, a registered representative of PaineWebber, who was barred from the securities business for life and fined $300,000. Taub allegedly had manipulated the price of a security known as DSP Group Inc., which he was trading on his own account as well as on behalf of clients. PaineWebber agreed to pay $6.3 million, the largest of the fines disclosed today by the SEC, and UBS paid $3.5 million."
Mark is innocent until proven guilty. Taub, not so much.
https://www.washingtonpost.com/archive/business/1999/01/12/263-million-in-fines-settles-nasdaq-probe/17770728-ea39-40ef-9f80-bd9af2ca7d6b/
Order 6/19/20 (DOJ v. Mark Schena)
"For the reasons stated by the parties on the record on 6/11/20, the court excludes time under the Speedy Trial Act from 6/11/20 to 8/11/20, and finds that the ends of justice served by the continuance outweigh the best interest of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161(h)(7)(A). The court makes this finding and bases this continuance on the following factor(s):
Failure to grant a continuance would be likely to result in a miscarriage of justice. See 18 U.S.C. § 3161(h)(7)(B)(i).
Failure to grant a continuance would unreasonably deny the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv).
signed: Virginia K. DeMarchi, U.S. Magistrate Judge
Not true. Wrong case.
Wrong, Janice. That letter was filed in Taub the crook v. Arrayit, a civil case 1:15-CV-01-1366, District Court, New York, to Judge Carter, the presiding judge in that case. It was filed by plaintiff’s attorney, and the docket number stated in the letter is simply referring to the DOJ case to inform Judge Carter. It’s a different case, a civil, NOT criminal case. The docket number in Taub v. Arrayit appears on the letter but that important part was obviously deleted and not posted here.
No, that is totally correct. The letter is from the plaintiff’s attorney in a different case, who became a little twitchy because of the DOJ case.
That is a different case.
That didn’t happen.
And you know it.
Refresher course 001: Q: What laboratories are offering serology tests under the policy outlined in Section IV.D of the Policy for Coronavirus Disease-2019 Tests? (Updated 6/18)
A: Arrayit Corporation
lol. Sorry, but that's not how it goes. "Under the presumption of innocence, the legal burden of proof is on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury). The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted."
I vote for acquittal because there are many reasons to have "reasonable doubt," like verifible UNTRUE STATEMENTS.
No it’s not. The hearsay and discombobulated statements will have to go before a judge or jury to determine the real truth.
Of course not. Just want fairness and the truth.
I don’t know if they talked to him about that specifically. What I do know is that the Sutter thing was fed to the SEC by others. I don’t remember it being the crime of the century since it ended almost as soon as it began. There must be something more to it.
On the flip side, maybe Arrayit has their proof of a connection. We shall see. Sutter Health is huge in California and not everyone would know about everything.