Sunday, May 10, 2020 11:53:02 AM
I don't doubt that the link posted may have pulled up a PP slide with "FDA cleared" on it.
However, that doesn't mean it was part of a public PP that the company had linked to or wanted to make public, it may just mean that the company had prepared a slideshow for future publication upon FDA approval and unfortunately, did not have it behind a more secure portion of their website files.
Note:
1. The URL cited above insert-text-here links to an "asset" folder within the subfolder "inserts" and seems to be dated March 18, 2020. In other words, this link is to the website's "assets" folder where images, files and other documents to link to are stored, whether for current or future use. My company's website's Assets folder has a lot of data files that the website does not currently link to, whether old or for the future.
2. Note the link to the current GenViro PP: [url]
https://www.pharmatechsolutions.co/genviro.html[/url][tag]GenViro! PP[tag] First, this PP has "https" indicating a SSL certificate (good) while the other does not, and the current URL does not reference the asset folder at all, but just the html of the PP itself. If you click through the PP, the URL doesn't change and never displays the asset folder. This is an indication that the PP linked to in the asset folder was there for future use and was not the active PP on GenViro! linked to on the website.
This supports the possibility that people were able to find and access the PP in the asset folder most likely unbeknownst to KB and to spread this PP or slide around forums even though it was not publicized or linked to on the company's websites yet.
3. At the time of the PP creation "20200318", KB was speaking in his PRs about filing for FDA EUA etc., so it doesn't make any sense for him to release that in PRs but has an active PP saying it was FDA cleared or approved.
I believe he unfortunately does not have staff or website developers that have adequately protected the files and folders of his website from web crawlers or just savvy browsers to know how to search for typical website file folders directly to gain information outside of the website's own links. He may have thought that whatever he doesn't link to on the website is not visible to others. Obviously he is learning the hard way if so.
But if someone reported the PP link to the SEC as being misleading or false advertising purported by the company when said PP was not publicly linked to by the company on its website, then DECN should not be held accountable, but the perpetrators who accessed and disseminated the PP link should be held accountable.
Likewise, if some msg board or stock trader with a thousand followers was pumping and dumping the stock along the way, DECN should not be punished for that as well if it had no hand in it.
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