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Wednesday, January 27, 2016 3:55:44 PM
Shkreli's indictment and arrest were nott until December 14th. The indictment was SEALED and nott even available to Shkreli until he was arrested.
Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
On November 19, 2015, the Company terminated Mr. Herb Cross from his position as Interim President, Chief Executive Officer and Chief Financial Officer of the Company, effective immediately, and Martin Shkreli was appointed as Chief Executive Officer of the Company and elected as Chairman of the Board.
https://www.sec.gov/Archives/edgar/data/1293310/000110465915080846/a15-23985_18k.htm
The company had THREE DAYS to update their PP prospectus/memorandum by amendment and advise the investors of this material change prior to closing, and the company failed to fulfill this obligation, thereby defrauding the $8M PP investors. In ADDITION, the company failed to order the issuance of the shares - another aspect of the fraud.
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