Humanigen Inc (HGEN) News

Wonder how long this jury trial Dale and Cameron asked for will commence/conclude. Probably months to years. Would like to see them found guilty of insider trading tomorrow. How will Dale ever live off of $4000 a week in switzerland and $130,000 yearly tuition allowance for his children, his assets having been frozen?

http://www.pacificroyalties.com/resources/taran-therapeutics/

"Taran Therapeutics, Led by Dr. Durrant, acquired all the assets of Humanigen. These assets include intellectual property, important documents tracking drug applications and approvals, expert knowledge, manufacturing contracts and strategies, and the Australian subsidiary."

As I previously pointed out with the corresponding reference document from the asset sale, intellectual property includes all the patents. If Taran did not take some of the patents, it's because they have no value and were not worth the filing cost.

"I don't think Taran has the covid and device patents, we do."
Regardless of what I mentioned above: we do not have anything, as the company known as Humanigen does not exist.

American Fiduciary has had almost a year to convert our HGEN shares for shares in Taran/Humanigen Australia.

And as I said before, I don't think Taran has the covid and device patents, we do. Taran appears to have been assigned the CAR-T patents only.

https://www.plainsite.org/patents/assignment.html?id=11607371

How do you merge cancelled stock? Why even use that when they can start all over with out the baggage of HGEN around their neck? The good stuff is gone and all we have left is a bunch of numbers on our account that we can get rid of for a tax write off…that’s where we are at Jay.

I’m keeping mine though just in case by some slim slim slim minute unheard of chance that what you are saying comes to fruition.

The unsecured creditors are only owed $44M. We would pay them off with funds resulting from reaching a Milestone Event. I don't believe there would be any additional debt, if we merge with Taran.

so you cant be sure there was a milestone event can you? is it possible that the creditors just negotiated a better potential deal for themselves if there were such an event such as you describe?
and how do we as cancelled shareholders benefit from deals secured creditors make?

Requirement to trigger a Milestone Event is a US BLA, or regulatory approval from one of seven international regulatory associations. The Asset Purchase Agreement was amended to increase the number of Milestone Events (most likely because of Sanofi's extensive product pipeline), as well as to increase the payment for each Milestone. Just a single Milestone being reached could produce 100's of millions+ in sales revenue.

jay what do you know about the amended asset purchase agreement that makes you believe there will be a positive outcome?
asking for a friend

I've seen data, such as the Lancet and Thorax peer reviews, supporting management's claims in terms of the safety and efficacy of lenzilumab. I did not see a Litigation Release or an Admin Proceeding filed against the company, because the file is evidently sealed. Nor did I see the Appeal, or any filing by the DOJ. I understand, however, that the SEC felt there an inference of scienter.

And for what it's worth, I have always found Dale to be meticulous with his transactions, to the very day governing the transactions.

As far as my opinion of the government's abuse of discretionary authority, it was my own research that led me to that conclusion. Cameron and Dale had absolutely nothing to do with promoting that concept. I actually showed up here believing that the government abused their discretionary authority. Kalobios could not have pulled off such an amazing short squeeze if the SEC was protecting the Kalobios shareholders.

The amended Asset Purchase Agreement approved by the bankruptcy court judge affirms my belief in a successful conclusion to our case.

the sinister part of the story has been laid out in the facts presented by the SEC -affirmed by the court of appeals allowing Dale's assets to be seized. Dale and Cameron destroyed and disappeared your investment- by not disclosing FDA comments and lying- faking- promoting the possibility of EUA-despite knowing it would not happen, all the while dumping shares illegally! wake up and demand accountability from those who fucked you- not some conspiracy bogeyman deep state big pharma bs. cameron and dale liked to promote that line of thought as cover for their own dirty dealings

"When this is not the week," if it isn't, I'll wonder why they went to the trouble of moving up the Omnibus Hearing by just a few days. But, there are multiple parties likely involved, such as our TBA partners, or perhaps regulators, such as the Therapeutic Goods Administration.

Going to the trouble of moving up the hearing date, just slightly, is all the more reason for me to see the pieces coming together this week.

Don't forget the horrible studies they conducted with the sample size that was too small

When this is not the week, will you admit that you are just wrong, and have been wrong for nearly a year?

Which multiple cases are you referring to?

The bankruptcy, the initial SEC investigation, the appeal case, the furthered SEC investigation, the 3or 4 (I cant even keep track) different class actions that we've witnessed (and have been settled)....all because of mismanagement and/or intentional wrongdoing.

"I could see this being the week when all the pieces come together, at least those pieces that are relevant to our investment."

I don't see a word that I would like to change about that statement. If I was FORCED to change one word, I would delete "could," and simply say "I see this being the week when all the pieces come together, at least those pieces that are relevant to our investment."

It's 107 degrees outside, maybe the heat is getting to me. But, I seriously think we're close to success.

I actually pointed out the Omnibus Hearing that took place on the 15th.

"It looks like there was an Omnibus Order signed yesterday to make final payments to the bankruptcy lawyers. But it still looks like the 21st is the date for the final hearing. I'll be glad to get this case closed (hopefully), and we can see where management takes us from here.

With no known criminal charges filed, which I find practically unbelievable , and with civil charges printed on the gossamer wings of an alleged inference of scienter (WHAT!!!???), it comes as no surprise to me that the bankruptcy judge signed the amended Asset Purchase Agreement.

Further, I think he allowed Geoff and management to transfer our shares in exchange for equity interest in Taran/Humanigen Australia, and I am obviously looking forward to that. I don't think the bankruptcy judge would have been so accommodating, if he thought the SEC's case had an impactful effect on our restructuring as a new entity."

https://investorshub.advfn.com/boards/read_msg.aspx?message_id=174933690

It was entirely correct to note that the Omnibus Hearing on the 21st was still scheduled at the time of my post. It wasn't until today that notice was published that the hearing was canceled.

https://dm.epiq11.com/case/humanigen/dockets

There remains remedy as outlined with the proposed order submitted earlier. Which multiple cases are you referring to? All we know is that the Appeal case was concluded, and that the District Court case is bogged down in an intransigent stalemate.

Sosjtb is correct so I won't bother addressing your final paragraph. Anyway.....

My focus is on the managements wrongdoing because that's what caused the bankruptcy, and what's currently happening in the courts. Talking about the governments abuse of discretionary authority has absolutely zero to do with the facts of the multiple cases currently happening.

Quite contrary to what you pointed out, you focusing solely on the government factored speculation and not the clear information in front of you is what's been causing misled beliefs that shareholders will be made whole. Again, I have the ability to outline that the government probably f'd up here. You refuse to admit the management team screwed the pooch. Which one of us cant see the forest for the trees? You decide.

Your previous quote:
Given the amended Asset Purchase Agreement, the long-scheduled Omnibus Hearing this week
Just another quote proved incorrect, as the long-scheduled Omnibus hearing this week has been cancelled because there was no need for it. Ruht Roh Scooby....

But hey, I am sure you will say it's all part of the plan now and the fact it's been cancelled just proves your point that the ship is going to turn around despite the company not actually existing. 🙃

If there isn't a schism between government agencies, between the DOD-related organizations, and the civilian-based organizations, there probably will be. I'd like to see an advanced purchase agreement, clear of any conveyance of our distribution control.

"Take it, or leave it. We don't trust you. We have worldwide demand."

You don’t discharge a bankruptcy with current canceled shares intact, any restructuring if it actually happens will result in nothing for shareholders. The shares are canceled, they have no value, and the management people you hold in high regard took the assets for not even Pennie’s on the dollar leaving shareholders a big middle finger.

I'll look forward to reviewing your file on American Fiduciary Services, evidently negating the possibility of a merger. Does your AFS file also preclude a potential buyout, or a distribution to shareholders of record on a given specified date?

It's totally unacceptable that your focus is strictly on management's claimed wrongdoing, and you fail to address the much more consequential issue of the government's abuse of discretionary authority.

The fly in your ointment is the bankruptcy judge's approval of the amended Asset Purchase Agreement, which reopens the door to a company restructuring, and the discharge of this bankruptcy.

I'll leave it to any resident statistician we may have to weigh-in on the relativity of a p value of 0.0009, and how that might indicate that our trial size was not too small.

see 'What This Study Adds,' pg 1

"Participants with baseline CRP

A phase III study that was way too small. Other companies that had small sample sizes were also denied. Management knew this or should have known this. All HGEN had to do was partner with a bigger company, but no egos had to get in the way and now the company if BK and a shell

No, "...we are the unfortunate casualty of..." the abuse of discretionary authority by the FDA, mainly. But certainly, the SEC should have considered the peer reviews, and recognized the demonstrated safety and efficacy of lenzilumab.

Severe mismanagement does not result in completing a Phase III trial, especially for a novel coronavirus, in a year.

You are correct that many of us have had covid, and many have lost loved ones.

This does not change the facts of the case against Humanigen/Durrant/Chappell. I have long since said I am a believer in Lenz. That however does not under any circumstance mean that it was managed appropriately or that the management team didn't perform illegal activities.

I have the ability to separate the two concepts and realize that while I believe in the product, we are the unfortunate casualty of severe mismanagement.

In due time I will provide a larger update regarding AFS and your wild belief that there is a merger coming....spoiler alert: there isn't.

"... it's what screwed over shareholders want, and give us the insight that is what the SEC is aiming for..." which, according to you, is to, in part, expel Dale's ass from existence.

Some of us shareholders have had covid, or a loved one has, and some of our loved ones died a preventable death, because lenz is not approved, as it should be.

The safety and efficacy of lenzilumab is the linchpin to this case. The company-sponsored trial was twice peer-reviewed and demonstrated that lenz is best-in-class in treating hospitalized and hypoxic patients, in hospital ordinal scales of 4 or 5, with covid pneumonia and CRP levels

Given the amended Asset Purchase Agreement, the long-scheduled Omnibus Hearing this week, the change in value of our shares, and the amount of time (about a year) that American Fiduciary has been engaged here, I think the company has situated itself for the Taran merger, likely through Humanigen Australia, which will consolidate our IP with our new share structure, and that the new company will be housed in our restructured shell. Even after the next planned merger, where Sanofi/Novavax get a 40% interest in our operation, I suspect that we will continue to operate from our new base, on the way back to Nasdaq.

Way off, buddy. These predictions are so off course that it sounds to me like Illusions of Grandeur. Might want to set an appt with a psychiatrist. My more likely assessment is that Elon Musk will buy the expired vials of lenzilumab from the stockpiles held by Catelant (whose debt HGEN paid off if you recall) and ship it off in his newest Raptor-3 starship from STAR-X to our soon-colony in MARS where it will help to mitigate NIPAH virus in colonists. This is a > 3 billion TAM opportunity.

I could see this being the week when all the pieces come together, at least those pieces that are relevant to our investment. I'm looking forward to the realization that the status quo has changed, and that the IMPACT group, SAHMRI, Novavax, and Sanofi will redefine the requirement for lenzilumab, and that we will partner or merge with them, and fulfill the reason for the bankruptcy judge's amendment to the Asset Purchase Agreement.

I think there is a much larger, and far more sinister aspect to this story. I expect that it may lead to changes in the discretionary authority agencies such as the FDA, SEC, NIH, NIAID, CDC, and multiple others are currently vested with.

given dale and camerons decision to not disclose FDA comments to shareholders and not only trade on that information, but applied for EUA against FDA explicit comments it would not be approved- shows the level of fraud they were capable of- should cause revisit to initial results and how they could have also been fraudulent - especially given that the results were not backed up by NIH studies and the principals of the companies demonstrated their ability to not only hide information- but trade on that hidden info- betraying their fiduciary responsibilities to shareholders. remember the initial stat article questioning the results when first published- calling it unusual and cherry picked if i recall...

No, it's just likely, period. I think American Fiduciary coordinated the share conversion, and did due diligence on the ownership of the HGEN shares being used in the merger with Taran.

Oh Wait, HGENQ doesn’t even exist anymore and there are no shares to be merged or exchanged for squat 😆

I think he allowed Geoff and management to transfer our shares in exchange for equity interest in Taran/Humanigen Australia This is as likely as Elon Musk buying out HGENQ and merging with TSLA 🤣

You may be forgetting. The Circuit Court already determined the finding of scienter based on the District Courts findings and conclusion was appropriate. This is why he is pushing for a jury trial, it's his last shot to keep some of the money he materialized through illegitimate trading.

He is using the same arguments now that he used before, which already failed, because the evidence is factual and his defenses to them are gibberish.

Point blank, he traded on inside information and is trying to con his way into saying it was simply a strategy (that he has never once attempted prior) while also admitting he wanted to "reduce downside exposure" and avoid a "negative signal to the market". That statement by him admits why he was doing it, which goes directly to his state of mind and scienter.

It looks like there was an Omnibus Order signed yesterday to make final payments to the bankruptcy lawyers. But it still looks like the 21st is the date for the final hearing. I'll be glad to get this case closed (hopefully), and we can see where management takes us from here.

https://dm.epiq11.com/case/humanigen/dockets

With no known criminal charges filed, which I find practically unbelievable , and with civil charges printed on the gossamer wings of an alleged inference of scienter (WHAT!!!???), it comes as no surprise to me that the bankruptcy judge signed the amended Asset Purchase Agreement.

Further, I think he allowed Geoff and management to transfer our shares in exchange for equity interest in Taran/Humanigen Australia, and I am obviously looking forward to that. I don't think the bankruptcy judge would have been so accommodating, if he thought the SEC's case had an impactful effect on our restructuring as a new entity.

"And there is no criminal case." Well, you're right, there certainly isn't one that we know of, anyway. I can hardly believe that. There is only an inference of scienter. LOL!!! That's like Jimmy Carter confessing to having lust in his thoughts. You really need to stick with the emojis, shajelly, but until then, I appreciate you directing our attention to the apparent lack of criminal charges. I thought they commonly were filed concurrently.

""... the defense outlines 13 different defenses."

I wonder if entrapment is one of the claimed defenses.

Yett you wondered above why entrapment was one of the claimed defenses in the CIVIL lawsuit with 13 affirmative defenses pled/pleaded.

Whilst entrapment is not a defense in civil lawsuits like the one referenced with 13 pled/pleaded defenses. And there is no criminal case.

LOLOL!! 🤣😂😅🤣😂

"N/A"


I've got two companies in my Schwab account that went bankrupt over the years, including SpongeTech. Schwab lists my cost basis for both of those equities. It then calculates the amount of my losses for those equities, obviously reflecting the total dollar amounts of.my investments.

BUT...for Humanigen, Schwab lists the amount of my investment, but the Gain or Loss is "N/A."

Why would the gain or loss be Not Applicable? It suggests to me that Geoff and management succeeded in getting our shares transferred to Taran, either directly, or through Humanigen Australia.

"Entrapment exists as an affirmative defense ONLY in criminal cases (e.g., brought by the DOJ...)" LOL! Thank you for highlighting that.

Appreciate the synopsis, SG44.

I wont be pasting the entire 16 page document. It's just too much.

Summary paraphrased:
"The Chappell Parties deny the allegations set forth in Paragraph 1"...-10"

Replace X below with 11-15 &24
"Paragraph X consists solely of legal conclusions to which no response
is required, but to the extent a response is required, the Chappell Parties deny the
allegations set forth in Paragraph X."

Replace X below with 16-19
"The Chappell Parties deny the allegations set forth in Paragraph X,
except admit that {Insert Dale entity here} is registered in {Insert Location Here}
Chappell was its managing member and that it has a {Insert Location Here} mailing address."

21:
"Dale owns 4.6% of the assets in Cheval Holdings"

Replace X below with 25-72
"The Chappell Parties deny the allegations set forth in Paragraph X,
{Insert additional denial here or generic company information}"

DEFENSES

"Without assuming the burden of going forward on, or proving, any defense or
any fact or proposition necessary to that defense where the burden is properly
imposed upon Plaintiff, the Chappell Parties state the following separate and
independent defenses:

First Defense

1. Plaintiff fails to state any claim on which relief may be granted.

Second Defense

2. The Chappell Parties did not trade on the basis of material nonpublic
information.

Third Defense

3. The Chappell Parties traded pursuant to Rule 10b5-1 trading plans
established during open trading windows while the Chappell Parties were not aware
of any material nonpublic information.

14
Fourth Defense

4. The information upon which Plaintiff alleges the Chappell Parties to
have traded was not material.

Fifth Defense

5. The information upon which Plaintiff alleges the Chappell Parties to
have traded was already in the public domain at the time of any alleged trading.

Sixth Defense

6. The Chappell Parties acted at all times in good faith and without
scienter, knowledge of, reckless disregard for, or intent to engage in any alleged
wrongdoing.

Seventh Defense

7. The Chappell Parties did not cause any pecuniary or other harm to
Humanigen investors or any other individual or entity.
Eighth Defense

8. The plaintiff's computation of alleged losses is incorrect.

Ninth Defense

9. Plaintiff is not entitled to the injunctive relief it seeks because there is
no basis for concluding that, unless enjoined, the Chappell Parties will violate the
statutes and rules recited in the Second Amended Complaint.

15
Tenth Defense

10. Plaintiff is not entitled to the disgorgement it seeks because the
Chappell Parties engaged in no wrongdoing and because there is no basis for
disgorgement as a remedy.

Eleventh Defense

11. Plaintiff is not entitled to the bar it seeks prohibiting Dr. Chappell from
serving as an officer or director of a public company because there is no basis for
concluding that Dr. Chappell is unfit to serve as an officer or director of a public
company.

Twelfth Defense

12. Plaintiff is not entitled to the civil penalties it seeks from the Chappell
Parties because the facts do not support the imposition of such penalties on the
Chappell Parties.

Thirteenth Defense

13. The Chappell Parties hereby adopt and incorporate by reference any
and all other defenses asserted or to be asserted by any other defendant in this action
to the extent that they are applicable to them.

16

DEFENSES RESERVED

The Chappell Parties hereby give notice that they intend to rely on other
defenses that may become available or appear during the course of this action.

WHEREFORE, the Chappell Parties deny that Plaintiff is entitled to any of
the relief that it seeks against them in the Second Amended Complaint and request
judgment dismissing the Second Amended Complaint in its entirety and with
prejudice.

DEMAND FOR JURY TRIAL

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, the Chappell

Parties demand a trial by jury of all issues so triable."

Ummm, there is no defense of entrapment in civil law cases (e.g., SEC cases). Entrapment exists as an affirmative defense ONLY in criminal cases (e.g., brought by the DOJ or a state AG/DA via criminal indictment an/or criminal complaint).

As usual, your posts on this issue are nothing butt garbage and nonsense. Please cease spouting off about things you have no understanding of, such as law, clinical trials, the FDA, medicine, and "naked shorts", "short squeezes" of cancelled, now non-existent, non-tradeable shares, among others.

And, well, it appears almost everything else under the sun and the moon.

The KBIO/HGEN scam turd is now as dead as SPNGQ. Your shares in both no longer exist and whatever you paid for them is now 100 percent lost.

Thanks, SG44, we would appreciate that.

But still, to me, it looks like entrapment, pretty clear and simple from the fragmentary information not under seal.

Entrapment is not one of them. I will copy and paste the text when I am at my office tomorrow.

"... the defense outlines 13 different defenses."

I wonder if entrapment is one of the claimed defenses.

"Entrapment is defined by specific parameters:
The individual accused of entrapment must be a government agent, such as a law enforcement officer, and not a private citizen;
Entrapment must involve inducement or coercion to commit a crime, not merely the opportunity to commit a crime;
The defense must be able to prove by a preponderance of the evidence that the defendant would not have committed the crime were it not for the agent’s inducement or coercion through harassment, fraud, threats, or other illegitimate means."

https://www.newjerseycriminallawattorney.com/criminal-process/what-does-entrapment-mean-in-a-legal-case/

How vital was it to Humanigen's ability to function on a limited basis, using funds received from the sells, if they really were sells. Did another Black Horse or associated entity provide the funds?

Would we be at this point, poised to restructure and announce plans to manufacture, distribute, and commercialize lenz on a worldwide basis, if funds hadn't been freed-up before being seized and frozen, and stolen by the SEC and the Treasury Department? I'm glad it's a moot point, and I appreciate ALL the effort from management to position us for our success. Sometimes, you do what you gotta do, especially if you're being coerced.

"Under the preponderance of evidence standard, the burden of proof is met if the evidence indicates that the charge is more likely true than not true. Another measurement is whether a jury believes there is a greater than 50% chance that the claim is true. This is a much lower standard than beyond a reasonable doubt, which is required for a guilty verdict in most criminal cases."

Management has made their intentions clear, they deny the allegations, and demand a jury trial. So. will the SEC yield, or proceed?

In any event, I'm looking forward to a distribution of shares in a merger and restructuring.

I think Humanigen still holds device and covid patent rights, and creditors still remain unpaid...are you sure that we don't remain with the shell? Yes, I've see that claimed, but I'm also seeing conflicting indicators in that regard.

re: patents

https://www.plainsite.org/profiles/taran-therapeutics-inc/

https://patents.justia.com/assignee/humanigen-inc

Sure. You can find the document here: https://www.pacermonitor.com/case/52335094/SECURITIES_AND_EXCHANGE_COMMISSION_v_CHAPPELL_et_al

Only need to create an account and buy it.

Got a link to that document?

I LOVE IT !!

I hope it leads to discovery regarding the frequency and guidelines used in the conversion of investors' funds, disgorged by the SEC, and surrendered to the US Treasury, instead of being returned to injured investors, as the SEC is chartered to do. I tried to obtain that general information via FOIA, and as the response deadline neared, I got a phone call from the government, asking me if I would give them a verbal request for that information during the phone call, so that my request date could be changed. I denied it. And they denied to send me the information.

I really hope a jury trial also leads to discovery from the FDA!!!!

But, I will be shocked if the SEC lets this get to a jury trial. My primary interest is in seeing discretionary authority stripped from all government agencies, and this case, especially by allowing preventable deaths to occur, while government agencies and bureaucrats enjoy operating funds and royalties from the companies that benefit from them, will certainly illustrate that discretionary authority should be stripped from the government agencies.

As an investor, I still hope this settles in mediation, unless the case can proceed without the delay of our success. It probably can be, since I think the shares are transferred to Taran.

Also, the hardline management has taken doesn't seem compatible with what I would expect from guilty offenders. I hope they kick-ass, if it comes to a jury trial.

Update to SEC v Chappell: Chappell/parties responded to allegations on August 8th in the document titled Answer to Amended Complaint ECF No.142.

This is basically a 16 page document saying "The Chappell Parties Deny the allegations..." over and over and over again. Until the very end, where the defense outlines 13 different defenses. The relevant ones as onlookers here are the Tenth Defense suggesting the SEC is not entitled to disgorgement. This is merely relevant becausse it's what screwed over shareholders want, and give us the insight that is what the SEC is aiming for. The Eleventh Defense outlines Chappell should not be barred from serving in a publicly traded company.

And lastly, the demand for a jury trial. This lets us know that despite other words on this message board, the mediation did in fact not work and the SEC is moving forward trying to expel his ass from existence.

Additionally, Durrant also responded with basically the same thing save for a few of the defenses, and also demanded a jury trial.

Should be fun.

I pray you are right!

As soon as I saw that our Humanigen accounts were not updated with a daily monetary value today, I went looking for reason as to why that might be. All I saw, on the potentially negative side, was a press release from Sanofi in regards to successful trial results announced for Sarclisa.

https://www.sec.gov/Archives/edgar/data/1121404/000119312524199330/d835901dex991.htm

But that did not really explain our lack of a posted monetary value today.

I continue to believe that our HGEN shares were, or will be, converted to Taran/Humanigen Australia shares, if we follow the InhibRx model of integrating into Sanofi. We may not. Our integration may be more streamlined, in light of the co-exclusive license and commercialization agreements that Sanofi and Novavax have executed. Both of those companies want to use the Novavax vaccine for their Covid-Influenza Combination vaccine, as the CIC market is projected to be twice as large as the covid market by itself.

I think lenz may be the integral component of the Novavax and Sanofi CIC products. I also think we have to merge with Taran/Humanigen Australia. So to me, it's just a question of whether we merge with Taran/Humanigen Australia as Step 1 of a two step process, or we and Taran both merge with Sanofi independently (which doesn't seem as likely to me).

Either way, I still believe that we are stronger than we have ever been, and I'm seeing no signs to the contrary.