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Thursday, July 09, 2020 12:07:08 PM
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"...29. SCHENA repeatedly issued tweets and press releases on Arrayit’s behalf, stating that the financials were forthcoming shortly. These statements were false or misleading.
30. For example, on or about June 15, 2018, Arrayit’s Twitter account stated: “Arrayit financial experts use Monte Carlo analysis to re-calculate derivatives as required for audit completion by our very stringent and thorough auditors. Becoming current with our financials remains a top corporate priority. Thanks for being patient!”
31. On or about October 31, 2018, Arrayit tweeted: “Arrayit provides an update to shareholders. We are currently is a quiet period regarding our financials. Our next financial Case 5:20-mj-70721-MAG Document 1 Filed 06/08/20 announcement will be the filing of our 10-K and 10-Q forms through 2018. Thanks everyone for your continued support and patience!”
32. I have interviewed individuals at a firm (“the Auditor”) that was hired by Arrayit to audit its financial reports. These individuals communicated with SCHENA throughout the period from 2016 and 2019. According to one of these individuals, a final version of Arrayit’s audited financials was never prepared because Arrayit failed to provide the Auditor with documents necessary to complete such an analysis.
33. At one point, an employee of the Auditor confronted SCHENA about one of Arrayit’s tweets regarding the financials. SCHENA told the employee that it would not happen again, and acknowledged that Arrayit’s failure to release the financials was Arrayit’s fault, not the Auditor’s...."
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