There's a lot of potential pitfalls here for the "conspirators." Scher is in by far the worst position, because he did not disclose his relationship with NOVC nor his relationship with Proquest. Then there is the potential that he was an oncologist source for the short hedge funds over the years regarding DNDN/Provenge. For example, if he had been paid by that Gerson Lehrman matchmaking firm to speak on conference calls with hedge funds prior to the Provenge AC meeting and did not disclose this to the FDA, then we are looking at possible conspiracy charges, even RICO charges, if Provenge was discussed. I imagine that if this were indeed the case, then he will be praying that 9902B misses statistical significance, because a participant in a criminal conspiracy that results in loss of life can be tried for manslaughter, even murder. This is all speculative, of course. We don't know how entangled he was with any hedge fund beyond Proquest.
If Scher is subpoenaed and not offered immunity, I think he will take the fifth. I really hope he is not offered immunity.
