cowtown jay
6 days ago
"However, there are situations where identifying the injured shareholders is too difficult or the cost of distributing the funds is too high, in which case the money may go to the U.S. Treasury instead"
A listing of the Non-Objecting and the Objecting (NOBO and OBO) shareholders is a required filing in a bankruptcy initiation. The bankruptcy judge and the bankruptcy trustee in the SpongeTech case recognized the extreme naked short position in that company, and the judge waived the requirement to identify the victim shareholders.
Shareholders were granted the authority to subpoena the market participants for the NOBO and OBO lists, and related ownership records, to include the Electronic Blue Sheets from FINRA. There's no such thing as too much naked shorting to identify the victims.
In fact, the DOJ subsequently filed suit in the criminal court to have the company's shares forfeited to them. I Objected, and argued that if the DOJ could identify company-controlled shares they wanted forfeited to them, they could also identify shares held by injured investors. The criminal court judge sat on my Objection until the criminal court case against management was concluded, at which time she also denied to hear my Objection.
Criminal court Judge Denise Cote, on the other hand, filed contempt of court charges against the eight, or so, defendants in her SEC v Cavanagh case, after I notified her of the presence of those defendants in the SpongeTech case, despite her bar against them. I am very impressed with Judge Cote.
You provided, "When it comes to disgorgement—the process of forcing wrongdoers to give up their ill-gotten gains—courts often allow the SEC to seek this remedy, and in many cases, the money is returned to harmed investors. However, it is not always the case...Each case varies, but in general, the courts aim to return funds to the victims if possible."
I would like to know how often disgorged money is returned to injured investors, instead of being stolen from shareholders a second time, this being done by the government.
I am very glad that we had Judge Shannon for our bankruptcy court proceeding. I'm not impressed with whoever the District Court judge was, and I can only hope for the best from the Appeals Court judges.
cowtown jay
7 days ago
Much to the possibly pending chagrin of the class action lawyers, and contrary to the judges' conclusions in the District and Appeals Courts, the FDA's input was just the opposite of being "material." In fact, it is the FDA who has misled the courts, not management.
If you want to imagine a situation in which there is, "...a 100% cancer curing treatment," consider the findings of the PREACH-M study.
"PREACH-M trial: Lenzilumab may improve treatment response in chronic myelomonocytic leukemia...
These results suggest lenzilumab may normalize hematologic and inflammatory aberrations in CMML and improve the condition of participants."
https://www.news-medical.net/news/20230609/PREACH-M-trial-Lenzilumab-may-improve-treatment-response-in-chronic-myelomonocytic-leukemia.aspx
So the FDA's withholding of the beneficial impact of lenz, in both the PREACH-M and the LIVE-AIR trials, demonstrates it is they who are acting in bad faith...and permitting the continued preventable deaths, with the only justification for this criminal/willful negligence being the designed-to-fail ACTIV-5 government-sponsored trial of late stage patients on hospital ordinal scales 6 and 7, which exceed the disease severity levels established in the LIVE-AIR company-sponsored trial.
Are medical doctors expected to accept the criminal/willful negligence of the FDA, and watch the significant covid, covid-vaccine related, and excess deaths continue unabated everyday in this country? How about in other countries?
cowtown jay
1 week ago
"8-fold improvement in the treatment outcome of Black and African-American patients, as well as an 8-fold improvement in the treatment outcome for all patients who were in the 1st quartile of CRP levels."
"Results from an exploratory analysis of the LIVE-AIR trial also suggested that Black and African American patients with baseline level CRP <150 mg/L may exhibit the greatest response to lenzilumab, with a nearly 9-fold increase in the likelihood of SWOV (Survival Without Ventilation)."
https://www.medrxiv.org/content/10.1101/2022.02.11.22270859v1.full
"Exploratory analysis for the effect of lenzilumab on SWOV was conducted by the CRP baseline quartile. Response to lenzilumab was observed in the first through third quartiles of baseline CRP with the greatest lenzilumab treatment effect observed in the first quartile (CRP <41 mg/L; HR: 8.20; 95% CI 1.74 to 38.69; p=0.0079)"
https://thorax.bmj.com/content/78/6/606
The phenomenal results shown above were from early-stage patients, ~60% of whom were on room air, and were in hospital ordinal scale 4. The FDA excluded this patient population in their ACTIV-5 trial, and included late-stage patients in ordinal scales 6 and 7.
RitonavirCYP3A4
1 week ago
The Third Circuit affirmed the District Court's decision. It found that the SEC had shown a likelihood of success on its claim that Chappell violated insider trading laws. The court concluded that the FDA's feedback was material and that Chappell had the necessary mindset to commit fraud. The court also found that the preliminary injunction factors, including irreparable harm, balance of equities, and public interest, supported the injunction. The court noted that without the injunction,[color=red][/color] there was a substantial potential injury to Humanigen shareholders [color=red][/color]if Chappell was able to move assets out of reach of future judgment creditors
RitonavirCYP3A4
1 week ago
Q: Is there any precedence where SEC won against a insider trading allegation against director of a company. Did they keep disgorged ill-gotten gains or return to injured shareholders?
A: Yes, the SEC has successfully pursued insider trading allegations against corporate directors in the past. When it comes to disgorgement—the process of forcing wrongdoers to give up their ill-gotten gains—courts often allow the SEC to seek this remedy, and in many cases, the money is returned to harmed investors. However, it is not always the case.
The key precedent-setting case *Liu v. SEC* (2020) established that the SEC can only seek disgorgement in amounts that do not exceed a defendant's net profits, and the disgorged funds should be returned to the victims, not kept by the government. Following this ruling, courts have been working to ensure that disgorgement is indeed distributed to harmed investors whenever feasible. For example, in the case *SEC v. Blackburn* (2021), the court affirmed that disgorgement was used appropriately when it was returned to victims rather than going to the U.S. Treasury.
However, there are situations where identifying the injured shareholders is too difficult or the cost of distributing the funds is too high, in which case the money may go to the U.S. Treasury instead [oai_citation:2,SEC Disgorgement: Who Gets the Money? | News & Resources | Dorsey](https://www.dorsey.com/newsresources/publications/client-alerts/2020/03/sec-disgorgement) [oai_citation:1,Fifth Circuit: SEC's Plan for Distributing Disgorged Amounts to Investors Satisfies Liu | Insights | Holland & Knight](https://www.hklaw.com/en/insights/publications/2021/10/fifth-circuit-secs-plan-for-distributing-disgorged-amounts).
Each case varies, but in general, the courts aim to return funds to the victims if possible.
cowtown jay
1 week ago
The FDA, NIAID, the NIH, the SEC, etc., have met their match, bencozey. The same is true for their Big Pharma partners, and those who bet against our success. Truth is going to prevail. I can only hope that this leads to rescinding the discretionary authority embedded in the offices of unelected government bureaucrats. But I am least more confident that investors will see the benefit of an even bigger short squeeze than we saw previously. Management was smart in the way they designed their share structure. They were able to see the potential in lenzilumab, and leveraged that with a number of biotech firms, which may include Sanofi, Novavax, AstraZeneca, and Alphamab. I also think research entities such as Mayo Clinic, IMPACT, and the European Hematology Association are advancing lenz and ifab in CAR-T, CMML, and aGvHD.
We were very fortunate to have had Judge Brendan Shannon hear our bankruptcy case in Delaware. His approval of our amended Asset Purchase Agreement was a clear signal to me that management successfully proved their case, and I look forward to our restructuring.
cowtown jay
1 week ago
I'd like a lot more than 10 minutes with both of them. I'd like to see what their beautiful minds can accomplish in addressing mitochondrial issues, especially in adults. Here's an AI-generated synopsis of the disease.
"AI Overview
Learn more
…
Mitochondrial disease can affect adults in a number of ways, including:
Progressive
The disease can progress slowly, making it more difficult to do everyday activities as people get older.
Multisystem
The disease can affect multiple systems in the body, even if symptoms are mainly in one organ system.
Subtle
Adult-onset mitochondrial disease can present in subtle ways, or it can be recognized later in life after symptoms were present in childhood.
Neurological
Neurological manifestations are the most common presentation in adults with mitochondrial disease.
Muscle weakness
Mitochondrial myopathies can cause muscle weakness in the face, neck, arms, and legs.
Exercise intolerance
People with mitochondrial disease may experience unusual feelings of exhaustion after physical exertion.
Progressive external ophthalmoplegia (PEO)
This condition can cause the muscles that control eye and eyelid movements to become paralyzed.
There is no cure for mitochondrial disease, but treatments can help manage symptoms and slow down the disease. Treatments may include physical therapy, vitamins and supplements, special diets, and medicines.
https://www.google.com/search?q=mitochondrial+disease+in+adults&sca_esv=89b9e73d172150e9&sca_upv=1&sxsrf=ADLYWIJ0cTFdrS15syndXqt_7AVDZ3-Oxw%3A1727009912745&ei=eBTwZpeULbbckPIPiLe3sQs&ved=0ahUKEwiXsP2izdaIAxU2LkQIHYjbLbYQ4dUDCBA&uact=5&oq=mitochondrial+disease+in+adults&gs_lp=Egxnd3Mtd2l6LXNlcnAiH21pdG9jaG9uZHJpYWwgZGlzZWFzZSBpbiBhZHVsdHMyBRAAGIAEMgUQABiABDIGEAAYFhgeMgYQABgWGB4yBhAAGBYYHjIGEAAYFhgeMgYQABgWGB4yCBAAGBYYHhgPMgYQABgWGB4yBhAAGBYYHkinMFCeCli-LHABeAGQAQCYAWmgAZIHqgEDOC4yuAEDyAEA-AEBmAILoAK1B8ICChAAGLADGNYEGEfCAg0QABiABBiwAxhDGIoFwgIKEAAYgAQYQxiKBZgDAIgGAZAGCpIHAzkuMqAHlEY&sclient=gws-wiz-serp
My doctor said that all of her patients complain about chronic fatigue, and there's no effective treatment or prevention.
cowtown jay
2 weeks ago
We know that the Appeals Hearing has been terminated, and that the District Court case remains sealed pending the resolution of which items will continue to remain sealed. In the bankruptcy court case, we also know, "Status: On July 30, 2024, the Court entered an order resolving this matter.
Accordingly, a hearing on this matter is no longer necessary."
see pg 1/9
https://document.epiq11.com/document/getdocumentsbydocket/?docketId=1105685&projectCode=HUM&docketNumber=340&source=DM
I think management may have survived the lawfare, and may go on the offensive in that regard.
I don't see an immediate distinction between future and current shareholders.
cowtown jay
2 weeks ago
I noted previously that Novavax concentrated on obtaining regulatory approvals worldwide, before they even thought of applying for an EUA in the US. Smart CEO. And after they finally did apply for an EUA, I recall that the FDA wanted to see more data. I assume NVAX provided additional data from an alternate universe, but however they did it, they got additional information for the FDA to award their first EUA. Subsequent yearly EUA awards were not authorized until after the mRNA vaccines were approved. That happened again for this 2024-2025 current vaccine flavor.
"August 22, 2024
Updated August 23, 2024
Novavax and the U.S. Food and Drug Administration (FDA) are working together productively as the U.S. FDA continues its review of data in consideration of an Emergency Use Authorization (EUA) of Novavax’s 2024-2025 formula COVID-19 vaccine (NVX-CoV2705)."
https://ir.novavax.com/press-releases/Novavax-Continues-to-Work-with-the-US-FDA-on-Authorization-of-2024-2025-Formula-COVID-19-Vaccine
Once the mRNA vaccines had first-to-market access, NVAX was authorized.
Novavax 2024-2025 Formula COVID-19 Vaccine Now Authorized and Recommended for Use in the U.S.
August 30, 2024
https://ir.novavax.com/press-releases/2024-08-30-Novavax-2024-2025-Formula-COVID-19-Vaccine-Now-Authorized-and-Recommended-for-Use-in-the-U-S
Dr. John just released a new video in this regard, with information from Florida.
"On August 22, 2024, the United States Food and Drug Administration (FDA) approved and authorized updated versions of mRNA vaccines from Pfizer-BioNtech and Moderna.
"The FDA approved the vaccine for people 12 and older and provided emergency use authorization for children 6 months to 11 years old.
•Unvaccinated individuals 6 months through 4 years of age are eligible to receive three doses of the updated, authorized Pfizer-BioNTech COVID-19 Vaccine or two doses of the updated, authorized Moderna COVID-19 Vaccine."
The Florida Surgeon advised against the use of mRNA vaccines. Dr. John provides the data in support of this decision.
But what a mess! And the price could be paid even from infants only six months old.
The world needs the lenz-enhanced Novavax covid vaccine.
cowtown jay
3 weeks ago
Lenzilumab ought to be considered as one of the key Mabs evaluated by the ReVAMPP pandemic preparedness network. Lenz should be evaluated both as a therapeutic, as well as a vaccine enhancement.
Of course, distinctive selection of lenz for the ACTIV-5 Bet-B trial was achieved, to no avail. So the NIH AND management would have to agree on patient parameters for trial inclusion.
"Friday, September 13, 2024
NIH awards establish pandemic preparedness research network
Scientists will work on high-priority pathogens most likely to threaten human health."
https://www.nih.gov/news-events/news-releases/nih-awards-establish-pandemic-preparedness-research-network
cowtown jay
3 weeks ago
I don't see where he stole anything from Humanigen shareholders. We still hold the covid patents.
https://patents.justia.com/assignee/humanigen-inc
And Taran still shows being assigned the CAR-T patents only.
https://www.plainsite.org/patents/assignment.html?id=11607371
For all I know, the rights Taran has for lenz may only relate to manufacturing and commercialization, for now.
I think the company is ready to announce a stock merger with Taran (or Humanigen Australlia), which was completed prior to the shares being dissolved. I think this will force a buy-in of Taran (or HA) shares to cover Humanigen shares held short.
I will not be surprised to see the merger news, along with regulatory approval of CMML, and possibly news regarding Sanofi and Novavax, tonight. I think we would have seen this news a few weeks ago, if the FDA hadn't delayed the Novavax authorization. I'm only saying this because you asked about what I expect, so now you know. This could be delayed if the District Court case remains totally sealed, so I would at least like to see partial case data, relating to management, unsealed.
cowtown jay
3 weeks ago
Durrant once described the FDA as our collaborative partner. Later, he also claimed that withholding our regulatory authorization had cost tens of thousands of preventable deaths.
I don't think either statement remains accurate.
There probably are cooperative FDA employees who work with company executives in the design of their clinical trials. And I would not be surprised if management had productive working relationships with FDA employees in that group. But it appears that they are lower in the hierarchy than the FDA group that has authorization responsibility. That group granted themselves the power to Decline to award our EUA, despite the two peer reviews that made it impossible for them to Deny our EUA. That newly self-granted discretionary authority, which effectively kept lenz off the market without an insupportable Denial, should be rescinded, and the group that Declined to make a regulatory decision to approve the EUA should be fired and/or charged for failing to grant our EUA.
The tens of thousands of preventable deaths that Durrant claimed is a far cry from the tens of millions of covid deaths now being reported by some researchers. But Durrant was only referencing the preventable deaths that occurred from the time of our Declination, until the time of his comment. Nevertheless, that is STRONG language for a CEO to use against the FDA. But he did not back down from making the claim, and I think the abuse of discretionary authority by government agencies is part of the claims in the sealed District Court case.
So yes, I'm looking for the little guys to bring down the system.