Tuesday, May 26, 2020 1:52:58 PM
"In addition, as of
April 13, 2020, Berman, who alone drafted the press releases on behalf of DECN, stated or
suggested in interviews with staff that he:
• knew that the company had no COVID-19 test kits - They will make the kits once design is finalized through the development process
• had not seen any of DECN’s prototype COVID-19 test kits;Berman has not seen it personally but it does not say it does not exist.
• had no idea how many test kits DECN could produce;Berman has overstated the test kits production numbers.This is understood by all.This would depend on parts needed for the finalized design
• knew that the COVID-19 test kits would require component parts that were different from DECN’s current diabetes products, which the company did not yet have and would need before any sales could be made;This follows the dev process testing with gold/platinum parts.Putting a number here would be lying.
• was looking for sources that could provide the component parts but had no idea
how much the component parts would cost and the time it would take for the company to obtain the parts in the midst of the pandemic; and Why does SEC need this information.This is immaterial to the case
• knew that no COVID-19 test kits could be sold without FDA approval, which the
company did not have.True.Nothing to argue here
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