Decision Diagnostics Corp (DECN)

[lucky, mydog]

UNITED STATES OF AMERICA
before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
Release No. 88861 / May 13, 2020
Admin. Proc. File No. 3-19788
In the Matter of
DECISION DIAGNOSTICS CORP.
ORDER REQUESTING ADDITIONAL WRITTEN SUBMISSIONS
On April 23, 2020, the Commission issued an order pursuant to Section 12(k) of the
Securities Exchange Act of 1934 suspending trading in the securities of Decision Diagnostics
Corp. (“DECN” or “the Company”) (CIK No. 0001144225) for the period from 9:30 a.m. EDT
on April 24, 2020, through 11:59 p.m. EDT on May 7, 2020 (the “Trading Suspension Order”).1

The Trading Suspension Order stated that it appeared to the Commission that a suspension of
trading was required due to “questions regarding the accuracy and adequacy of information in
the marketplace” about DECN.
2
The Trading Suspension Order further stated that the “questions
relate to DECN’s press releases, among other things, (i) claiming to have ‘technology perfected’
to allow it to manufacture and sell a COVID-19 test kit that would provide results ‘in 15 seconds,
based on a small finger prick blood sample,’ and (ii) issuing sales forecasts that up to 525 million
COVID 19 test kits would be sold in the first year of production.”
3
The Commission was
therefore “of the opinion that the public interest and the protection of investors require a
suspension of trading.”
4
On May 7, 2020, DECN filed a petition to terminate the trading suspension. In
accordance with Rule of Practice 550(b), additional written submissions are requested.
5

1 Decision Diagnostics Corp., Exchange Act Release No. 88735, 2020 WL 2110487 (Apr.
23, 2020).
2
Id. at *1.
3
Id.
4
Id.
5
17 C.F.R. § 201.550(b).
2
Accordingly, IT IS ORDERED that the parties file submissions as follows:
? By May 20, 2020, the Division of Enforcement shall file all the
information that was before the Commission at the time of the Trading
Suspension Order’s issuance.
6

? By June 3, 2020, DECN shall file an opening brief, which is not to
exceed 8,000 words.
? By June 17, 2020, the Division shall file an answering brief, which is
not to exceed 8,000 words.
? By July 1, 2020, DECN may file an optional reply brief, which is not
to exceed 3,000 words.
Any evidentiary materials, such as supporting affidavits or declarations, shall be attached
to the briefs, which must contain specific citations to the evidence relied upon. Although
appropriately the subject of official notice,7
the Commission also requests that the parties provide
a copy of any guidance document, policy statement, or other government record relied upon to
establish the requirements of any applicable legal regime. No briefs in addition to those
specified in this order may be filed without leave of the Commission.8

Pursuant to Rule of Practice 180(c), a party’s failure to file a brief or to comply with this
order may result in the Commission’s determination of the matter at issue against that party, a
finding of waiver, dismissal of the proceeding, or such other sanction as the Commission finds
appropriate.9


6
See 15 U.S.C. § 78l(k)(5). The Division need not disclose privileged legal analysis or
sensitive information about the staff’s investigative methods.
7
See Rule of Practice 323, 17 C.F.R. § 201.323.
8 The briefs shall conform to Rule of Practice 450(b)-(d), with respect to content and
length limitations, 17 C.F.R. § 201.450(b)-(d), except as modified in this order. Attention is also
called to Rules of Practice 150-153, 17 C.F.R. §§ 201.150-153, and the Commission’s March 18,
2020 order regarding the filing and service of papers in administrative proceedings. Pending
Administrative Proceedings, Exchange Act Release No. 88415, 2020 WL 1322001 (Mar. 18,
2020), https://www.sec.gov/litigation/opinions/2020/33-10767.pdf. We note that, in its petition,
DECN agreed to waive paper service of all opinions and orders and accept service electronically.
9
17 C.F.R. § 201.180(c).
3
For the Commission, by the Office of the General Counsel, pursuant to delegated
authority.
Vanessa A. Countryman
Secretary

https://www.sec.gov/litigation/opinions/2020/34-88861.pdf