Armchair Legal
Well OK, I guess everyone is going for armchair legal at this point. I believe that the judge must remain impartial to both sides and all of these things going on are standard legal proceedings to get to the pre-trial. Check other similar cases, the delays are common. For all of us, what we think or try to read into at this point is irrelevant. The legal process will reveal all in time.
But here are my points to make me believe that things will be heading to trial if there's no settlement:
The standard to get to trial is pretty low. I would think that running Dr Julie's guilty statements at the pre-trial would be enough to move things along.
I believe there was plenty of time to explain the DOJ's complaints. There were formal interviews where the explanations were either non-convincing or the answers changed which lead them to believe deception was in play. These answers will be used against the defense in trial.
The SEC complaint seemed very solid. Dates and times of communications with cooperation from the auditors. I'm not sure how you defend that, but I guess we will all see when the time comes.
As for the company itself, all of the public information points to them being cash poor. Between the DOJ/SEC actions and all of the other external lawsuits going on, that's a lot of $$$$$ going to legal costs when it seemed like they were already struggling on all fronts to pay people
. So I don't believe there's a quick fix like a change of directors or just removing Dr Schena somehow.
But I am keeping an open mind, and will be the first to come back and say I was incorrect. But I would expect others to do the same if things don't end up well. Not blame big government/pharma or some other deflection of ownership of responsibility for the situation they got themselves in.
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