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Todd Martinsky, Rene's brother and co-founder of Arrayit, is the Executive Vice President and on the board of directors. He's the only one that so far has not been charged.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
ARRAYIT CORPORATION and RENE SCHENA,
Defendants.
Case No. 5:21-cv-01053
FINAL JUDGMENT AS TO
DEFENDANT ARRAYIT CORPORATION
FINAL JUDGMENT AS TO DEFENDANT ARRAYIT CORPORATION
The Securities and Exchange Commission having filed a Complaint and Defendant Arrayit
Corporation (“Defendant”) having entered a general appearance; consented to the Court’s jurisdiction
over Defendant and the subject matter of this action; consented to entry of this Final Judgment
without admitting or denying the allegations of the Complaint (except as to jurisdiction); waived
findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment:
Case 5:21-cv-01053-BLF Document 12 Filed 02/12/21 Page 1 of 3
FINAL JUDGMENT
OF ARRAYIT CORP.
I.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is permanently
restrained and enjoined from violating, directly or indirectly, Section 10(b) of the Securities
Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5 promulgated
thereunder [17 C.F.R. § 240.10b-5], by using any means or instrumentality of interstate commerce, or
of the mails, or of any facility of any national securities exchange, in connection with the purchase or
sale of any security:
(a) to employ any device, scheme, or artifice to defraud;
(b) to make any untrue statement of a material fact or to omit to state a material fact
necessary in order to make the statements made, in the light of the circumstances
under which they were made, not misleading; or
(c) to engage in any act, practice, or course of business which operates or would
operate as a fraud or deceit upon any person
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal
Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive
actual notice of this Final Judgment by personal service or otherwise: (a) Defendant’s officers,
agents, servants, employees, and attorneys; and (b) other persons in active concert or participation
with Defendant or with anyone described in (a).
II.
IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is
permanently restrained and enjoined from violating, directly or indirectly, Section 13(a) of the
Exchange Act [15 U.S.C. § 78m(a)] and Rules 13a-1 and 13a-13 promulgated thereunder [17 C.F.R.
§§ 240.13a-1, 240.13a-13] by failing to file annual or quarterly reports with the Commission.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal
Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive
actual notice of this Final Judgment by personal service or otherwise: (a) Defendant’s officers,
Case 5:21-cv-01053-BLF Document 12 Filed 02/12/21 Page 2 of 3
]FINAL JUDGMENT
OF ARRAYIT CORP.
agents, servants, employees, and attorneys; and (b) other persons in active concert or participation
with Defendant or with anyone described in (a).
III.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is
incorporated herein with the same force and effect as if fully set forth herein, and that Defendant shall
comply with all of the agreements set forth therein.
IV.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain
jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment.
V.
There being no just reason for delay, pursuant to Rule 54(b) of the Federal Rules of Civil
Procedure, the Clerk is ordered to enter this Final Judgment forthwith and without further notice.
Dated: ___February 12 ___________, 2021 ____________________________________
UNITED STATES DISTRICT JUDGE
Beth Labson Freeman
https://www.pacermonitor.com/case/38297283/Securities_and_Exchange_Commission_v_Arrayit_Corporation_et_al
Do you know what Arrayit agreed to do in the settlement with the SEC ?
SEC Charges California Company and Its CEO with Misleading Investors About Covid-19 Blood Test and Financial Reports
Litigation Release No. 25029 / February 11, 2021
Securities and Exchange Commission v. Arrayit Corporation and Rene Schena, No. 5:21-cv-01053 (N.D. Cal. filed February 11, 2021)
ARYC is not trading as "Pink not information". It left that category long ago.
ARYC is trading on the "Expert Market". https://www.otcmarkets.com/stock/ARYC/overview
https://portal.scscourt.org/search
Do Business Search.
Type Arrayit for Business Name
Next Dollinger case hearing is 8/12/21
But she (Rene) and the Corporation were charged and settled with the SEC already on Feb 11, 2020
Yes, we know that. But Rene and Arrayit itself were not charged in this latest development.
Rene and Arrayit settled on Feb 11.
Sometimes the stock market is like a big casino. Look at GameStop.
Rene and Arrayit were charged, but settled. Feb 11. 2021 "Without admitting or denying the allegations in the complaint, Arrayit and Rene Schena agreed to settle with the Commission and to be enjoined from future violations of the charged provisions. Rene Schena also agreed to a 3-year officer and director bar and to pay a $50,000 penalty. The settlements are subject to court approval."
SEC Charges California Company and Its CEO with Misleading Investors About Covid-19 Blood Test and Financial Reports
Litigation Release No. 25029 / February 11, 2021
https://www.sec.gov/litigation/litreleases/2021/lr25029.htm
Interesting that someone spent $3.00 to buy 15,000 shares at 0.0002 to make sure it would close at that price.
https://ih.advfn.com/stock-market/USOTC/arrayit-ce-ARYC/trades
"New Charges Filed Against Medical Technology Company President And Two Others In Alleged Fraudulent Covid-19 Testing Scheme
Superseding Indictment Alleges Mark Schena Conspired to Pay Kickbacks and Administered Unnecessary Testing, Adding to Charges Pending In Scheme To Defraud Investors and Health Care Benefit Programs"
https://www.justice.gov/usao-ndca/pr/new-charges-filed-against-medical-technology-company-president-and-two-others-alleged
If convicted, the defendants face the following statutory maximum sentences:
Defendant
Charge
Maximum Penalty (per count)
Schena
Conspiracy to Commit Health Care Fraud and Wire Fraud
(18 U.S.C. § 1349)
20 years imprisonment,
$250,000 fine
Health Care Fraud
(18 U.S.C. § 1347)
(two counts)
10 years imprisonment,
$5,000,000 fine
Conspiracy to Pay Illegal Kickbacks
(18 U.S.C. § 371)
5 years imprisonment,
$250,000 fine
Payment of Illegal Kickbacks
(18 U.S.C. § 220)
(two counts)
10 years imprisonment,
$200,000 fine
Securities Fraud
(15 U.S.C. §§ 78j & 78ff
and 17 C.F.R. 240.10b-5)
(three counts)
20 years imprisonment,
$5,000,000 fine
Haje
Conspiracy to Defraud the United States and Pay and Receive Kickbacks
(18 U.S.C. § 371)
5 years imprisonment,
$250,000 fine
Conspiracy to Commit Health Care Fraud
(18 U.S.C. § 1349)
20 years imprisonment,
$250,000 fine
Jablonski
Conspiracy to Defraud the United States
(18 U.S.C. § 371)
5 years imprisonment,
$250,000 fine
A status hearing is scheduled before Judge Edward Davila for September 27, 2021, 01:30 PM at Courtroom 4, 5th Floor, 280 So. First Street, San Jose, CA for defendant(s) Mark Schena. The purpose of this hearing is to determine if there are issues that the Court needs to address and to schedule any necessary future court dates.
A status hearing is scheduled before Judge Edward Davila for November 1, 2021, 01:30 PM at Courtroom 4, 5th Floor, 280 So. First Street, San Jose, CA for defendant(s) Mark Schena. The purpose of this hearing is to determine if there are issues that the Court needs to address and to schedule any necessary future court dates.
But ARYC is not trading on the Pink Market now. It's trading on the Expert Market (which is an alternative to the Grey Market).
ARYC will have lots of company in this Expert market if OTC Markets proposal is approved by the SEC.
If you call the number on the website it gets directed to an automated answering service. The announcement doesn't even mention Arrayit.
408-744-1331
One of the companies that was marketing the Arrayit antibody test was also offering the ovarian cancer test. It was on their website
If that is so I see a divorce in the horizon
I don't think they can force anyone to testify against their spouse
They quoted a guy in the paper who was buying shares of a company caught in the current bubble. He said that he had no idea what that company business was.
Do the investors know (or care) how business is at AMC theaters, video games in malls, etc and these shares are trading in the hundreds of dollars.
The stock market id behaving like a giant casino lately, look at all the junk companies trading at hundreds of dollars a share.
Maybe another WSB bet on Reddit
Why the interest in people buying today?
Top 15 Most heavily shorted stocks.
https://www.thestreet.com/investing/top-stocks-being-shorted-by-short-interest-gamestop-gogo
TOP 5 with high short interest:
1. GameStop (GME) | Short Interest 121.07% (down 25% today)
2. Dillards (DDS)| Short Interest 94.93% (up 0.26% today)
3. AMC Entertainment (AMC)| Short Interest 78.97% (up 8% today)
4. Virgin Galactic (SPCE) | Short Interest 71.95% (up 21% today)
5. fuboTV (FUBO) | Short Interest 71.91% (up 19% today)
But to sell you need a buyer, no?. Most major brokerage firms are not allowing the buying of CE stocks.
Last fall Dollinger, the lab landlord, sued Arrayit again. They have filed for an entry of default against Arrayit. Arrayit has paid some of the overdue rent but not all. Dollinger is trying to collect $87,000 in past due rent.
I think the civil SEC and criminal DOJ cases were rolled into one case.
https://www.pacermonitor.com/public/case/36421484/Securities_and_Exchange_Commission_v_Schena
ORDER RELATING CASES. The Court finds the following cases are ordered related: 5:20cr00229EJD, 5:20cr00425BLF and 5:20cv06717EJD. Pursuant to Crim. L.R. 8-1(e), the Clerk of Court is ordered to reassign the later-filed action 5:20cr00425BLF to the undersigned. Signed by Judge Edward J. Davila on 12/1/2020.
SEC filed a motion to reschedule the Initial Case Management Conference and the Court granted it. It is now set for 4/15/2021 10:00 AM
https://www.pacermonitor.com/public/case/36421484/Securities_and_Exchange_Commission_v_Schena
But there is also this announced. Not sure if it is still on:
A status hearing is scheduled before Judge Edward Davila for January 25, 2021, 01:30 PM at Videoconference Only for San Jose for defendant(s) Mark Schena. The purpose of this hearing is to determine if there are issues that the Court needs to address and to schedule any necessary future court dates.
That is true of TD Ameritrade which announced.
They were not the first company to take advantage of the pandemic, but they were the first to be charged by the DOJ
Maybe Mark can get Trump to pardon him too.
At the same date/time/judge Julie Taguchi is supposed to plead guilty also
Julie Taguchi is going to enter a plea of guilty on Jan 4th hearing
Jan 28 hearing. A statement document prior to the hearing is due 1/19
That's how court documents treat people that are not charged although we know who they are.
When Michael Cohen was charged for the illegal payments to Trump's lover, Stormy Daniels, the court document refer to Trump as "Individual 1", although Individual1 conspired and directed Michael Cohen to make the payments. Individual 1 even signed the checks. But because Trump was not charged on account of being the president, the court documents refer to him as Individual1
Judge Edward Davila will be presiding in both the Theranos' Elizabeth Holmes trial in March 2021, and the Mark Schena's trial in 2021.