Humanigen Inc (CE) (HGENQ) News

The Appeals Court case is terminated. The judges note:

" It appears that the parties are currently conferring regarding the continued sealing of all or part of the District Court case. The parties must immediately notify this Court when a decision has been made on the sealing issue by filing a response to this order. The response should include a copy of any District Court orders entered on the sealing issue. Further instructions will then be provided to the parties, if necessary, for the filing a motion pursuant to 3d Cir. Misc. L.A.R. 106.1(c)(2). Until the issue of sealing has been resolved by the District Court, all documents within this case will be sealed."

https://www.pacermonitor.com/public/case/50820730/SEC_v_Dale_Chappell,_et_al

So what facts were 'presented by the SEC' in this sealed case? Also, Cameron is not a defendant in this case, and you shouldn't accuse him of fraudulent behavior.

I suspect that circumstances in this case indicate malfeasance by the FDA, NIAID, the NIH, and the SEC, as well. I can't see any other reason that this case remains sealed.

By the way, Geoff Winkler filed a corrected status report last week, when I was really hopeful for news, instead of a glitch.

https://www.pacermonitor.com/public/case/52335094/SECURITIES_AND_EXCHANGE_COMMISSION_v_CHAPPELL_et_al

You can read the patient inclusion criteria for the LIVE-AIR and the ACTIV5-BET-B trials at https://clinicaltrials.gov/

given the facts presented by the SEC about Dale and Camerons engagement in fraudulent behavior,
and given the results from NIH study,
those peer reviews ought to re-review and likely withdraw!
truth will out and to protect the process and their reputations they will dissociate from these crooks -
even though it was their complicity in stamping their imprimatur of valid science that was also part of the fraud

Garbage post, no offense. Especially when you’re talking about holding FDA accountable and FDA malfeasance. The only malfeasance here is the 50 million of ill-gotten gains Dale realized by withholding insider information from FDA hush hush from public while he sold. Didn’t see the conspiracy video though, I’m happy for you, or sorry that happened.

Hold onto your emojis, boys. Just because management didn't want to jump off the high dive into the kiddie pool, doesn't mean they won't jump off the high dive in the deep end. Everything still appears on track, even though I am dry, when I wanted to splash around a little bit. In fact, when it comes to governmental oversight and full media disclosure, focus is being intensified.

See Dr. John's video. The convergence of governmental oversight with media exposure is particularly well-exhibited at the 08:45 minute mark, where we see a significant, even if coincidental, pairing of names that could figure prominently, particularly when holding the FDA accountable.



I wonder what evidence the Appeals judges allowed, as it relates to management's evidence of FDA malfeasance.

I'm very disappointed that last week's Omnibus Hearing didn't generate news proving to be the springboard to our resurrection and success.

That is not to say that the bankruptcy hearing failed to accomplish management's objectives.

I still see pieces to our success in play all over the place. But I would have expected, at least hoped for, instructions on how the game would continue to be played.

I'll keep watching for corroborating news. But, 'time' has been, and continues to be, a relevant and important factor for me. I hope management can improve the quality of life for investors, just as lenz can improve the quality of life for patients (except that their recovery is much faster).

"Don't know much about history"

"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."

https://investorshub.advfn.com/boards/read_msg.aspx?message_id=174966560

"Don't know much biology"

"Now, however, we are beginning to see the more relevant number of covid-associated excess deaths.

The bottom line, from these researchers, indicate a total of almost 31M excess deaths, with almost 17M of them attributable to covid vaccines."

https://investorshub.advfn.com/boards/read_msg.aspx?message_id=174898042

I don't understand, you agreed with the timeline I posted.

I'm aware they supply restructuring service. What you are failing to comprehend is that they were appointed as receiver by the court (which is a different thing entirely). He will remain receiver until there is a conclusion.

This is not some magical time for him to go outside his scope as receiver. Just to be sure, are you aware of what a court appointed receiver does? Because what you're trying to outline isn't it....

Why the hell do you keep changing your screen name? You spam the board with what has to be your 6th screen name yet you call Jay a load poster?? Weirdo

As I recall, the EMA asked Novavax to confirm the reported efficacy of their vaccine, and to ensure that it had geographic replicability, which only took NVAX about three weeks to substantiate.

Now, the FDA is once again denying NVAX simultaneous market entry for their vaccine, and leaving US medical professionals with no alternative to mRNA vaccines. I only hope that this delay has not prevented management from putting the pieces of our going-forward game plan together this week.

Well, who can argue against someone who has a file on AFS? I certainly don't have one.

But, you say he was appointed receiver in Sept 2023, and the Form 4 was signed the following month. You must not have a very extensive "file."

The amount of time I was referencing for Geoff was the following.

October 2023: Geoff signed the Black Horse Form 4 for the various entities.

https://www.sec.gov/Archives/edgar/data/1293310/000101359423000819/xslF345X05/form4.xml

July 2024: Geoff signed the bankruptcy court Agreement regarding the Black Horse assets.

https://document.epiq11.com/document/getdocumentsbydocket/?docketId=1095423&projectCode=HUM&docketNumber=320&source=DM

What was he doing in that 8 month period? Was he, "...instituting internal controls to prevent fraud and provide assurances in reporting; and turnaround and restructuring businesses." So it appears that AFS does, after all, provide restructuring services. Or, you may want to let him know that according to your file on AFS, he does no such thing.

https://americanfiduciaryservices.com/about-afs-1

You are just unfortunately mistaken. He did in fact sign a form 4, but not because he had been engaged by Black Horse for so much time.

Instead, he was appointed by the court as the receiver of assets in September and the form 4 was filed in October, both 2023. The SEC complaint against Dale's/entities was a few months prior to that. Basically, when that form 4 was filed Winkler was the only one who could do it at all.

There is no universe were Winkler negotiated a transfer of shares to Taran, as this is not what a receiver of assets does.

AGAIN, it looks like the Novavax covid vaccine gets sidelined, while the Pfizer and Moderna mRNA vaccines get first access to the US market.

https://ir.novavax.com/press-releases/Novavax-Continues-to-Work-with-the-US-FDA-on-Authorization-of-2024-2025-Formula-COVID-19-Vaccine

https://www.fda.gov/news-events/press-announcements/fda-approves-and-authorizes-updated-mrna-covid-19-vaccines-better-protect-against-currently

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.