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Re: Pennsy post# 199416

Monday, 07/13/2020 8:21:25 AM

Monday, July 13, 2020 8:21:25 AM

Post# of 205166
One thing I can say about the exaggerated inventory runs is I just don’t understand any of it. I remember Mark saying they had a marketing person who was responsible for most of the Twitter content, so there’s that. The DOJ must prove that it was Mark who did all of the nasty deeds. But even If he didn’t compose them and knew they weren’t true, he should have had them corrected. There is also a remote possibility that he wasn’t aware of the tweets at all because the company was very busy at the time trying to get all their ducks in a row and establishing themselves with various entities like CMS/Medicare, Medicaid, credentialing specialists, new distributors and doctors and clinics, among many other things like learning an entirely new system of billing, etc.

In the DOJ’s complaint, it quoted the tweet, which used the word “commenced,” so technically they could have just started the run and worked on it as long as they could, stopping when resources ran out. The other thought I had was that in Mark’s enthusiasm he took legal puffery to an entirely new level. I mean, everyone was excited about this brand new source of revenue that was going to grow the company by leaps and bounds. As to this particular topic, the DOJ simply said “there was no evidence” that those inventory runs happened. Well, what does that even mean? I mean she could have provided a tiny hint as to how and why she came to that conclusion.

I am not trying to defend anyone. Just trying to look at all sides logically, and all the points I have brought up about the faulty DOJ complaint (as well as the SEC’s suspension order), whether viewed as ridiculous or not, are ALL TRUE.