Nader's email instructing Amarex to file the incomplete BLA was just prior to when Amarex actually filed an incomplete BLA. They followed his instructions to the letter. Shareholders' should have been concerned by NP publicly reporting he had filed a "complete" BLA repeatedly, lying to the shareholders, followed by the RTF rejecting the BLA as "incomplete."
That is one of the targets of the SEC and DOJ investigation that the company again admitted they were under in the last conference call in case somebody missed it.