The prosecution and defense lawyers both talk with each other as witness statements, etc. are shuffled between both sides. Schena by now has certainly seen for himself what the prosecution is specifically alleging and like is close to / has already completed his responses.
I would guess that between the two legal teams there's already an understanding of the level of sentence Mark Schena is likely to receive. I would guess Pickles has informed Schena of this, but he probably is still in a state of denial.
Since no financials have been filed by $ARYC, the SEC will point to that specifically as part of the package of fraud and misleading investors by making both false statements and $ARYC not fulfilling their obligations as a then-SEC mandatory filer. I doubt ArrayIT files any financials as part of this trial, or ever since it would be even more incriminating than having nothing. So on that basis the "window into the last five years" will only come about from statements made in a court of law should this go to trial.
$ARYC was not a Quiet Period after the 15-12B was filed on 08/19/2019, and it wasn't a Quiet Period before then either as evidenced in both instances by the tweets, communications with shareholders, information updates on the website, etc. If Pickles raises the Quiet Period claim, the SEC/DOJ team will simply point out that the company in fact continued communicating with the investor community, thus was not in a Quiet Period.
The DOJ side of the case is even more clear cut. There are many prosecutions for Medicare fraud, and the DOJ legal team has practice preparing the fact package and prosecuting these types of cases.
The paradox of iHub: buy high, sell low
