I say these things as the denial is heavy and consistent
And you might want to talk with Sambone, as he/she does not believe any of it. So some have not figured it out. Back when there were rumors of the SEC action, of course there were many people here that said there was nothing to see. Everything was good. They had a lawyer that was ex SEC and working with them. I find that here as well now. Just replace working with "SEC" with "FDA"
As for things be favorable, sure you can take Dr Schena's release as that. But compared to what, them not letting him out of jail? He has no prior history and should be out on bail. I'm not sure how you know the conditions of his bond, but OK for the sake of argument he did not have to pay any money. That's fine but the 2M bond is still in place. If that's favorable to you great, but it has no bearing on the case at all. It's just the conditions of his release. He has no prior history so it's a fair ruling. He could be working in the lab, but so what? There are conditions of his release that have not been made public that could be restrictive. Just today there was documentation that he could not trade any ARYC shares and ETrade eliminated his account. Is that good or bad for the case? I don't know but it's part of his release so take it as you will.
You can bring up anything you like as an armchair lawyer, but for Dr Julie, she pleaded guilty to fraud. And the first thing the DOJ will do is run her up there in Dr Schena's case and ask about the conspiracy. They could have asked her a million questions, but if her council looked at the evidence and said it's best to take a deal as it looks bad for her, well that speaks volumes. And it bleeds into the Schena complaint. I don't think that should be watered down or overlooked.
There are specific rules for Medicare that I'm sure the DOJ mulled over before bringing charges. So if you want to sit there and say that it's a complete farce fine, but let's see what the preliminary trial has to uncover. If the trial moves forward, what's the play? Bad judge? Big pharma squashing the little guy? No understanding of the science??? Blame to investors on this board sending info to the SEC? When does the company take any corporate responsibility for the position that it's in?
I'm just weary of months of reading spin after almost everything they have done has been bad business yet there's always an excuse and some carrot to dangle of great times ahead. There was excuse after excuse after years of no financials. Then of course it was Taub the crook. I'm not sure if anyone has tried to spin the other lawsuits. Now of course the criminal complaint is one big mistake.
So I'm just looking over the facts and trying to stay neutral. No fluff about Dr Schena getting 30 years or case dismissed. I'm saying from what I have read, it seems like the DOJ has a case. Those PR releases always walked the line and did try to paint a rosy picture when the company was in dire straights. I also think that if they tried to promote a test that they did not even have at the time, that's going to be a problem.
So if you are a personal friend of the family fine, I'm just going off of the public information and saying things are very serious not to be easily blown off or spun. It does not matter what we think anyway, what's going to matter is what can be proven on 9/11 in that courtroom.
