Hopefully the DECN response letter leads to a good solution to this problem. As I see it, the ball is in the SEC's court, because the FDA is frozen in place. To authorize a test, which you don't want to vouch for it's accuracy ( early on they stated their authorization didn't guarantee accuracy ) for a questionable company, makes them look bad. DECN needs to be cleared by the SEC. That means 1. Perkins and gang admit they were duped.( not to likely ) 2. The SEC continues the prosecution. ( we can't know how deep this goes ) 3. ( and most likely ) It quietly gets forgotten. No matter which happens someone got the delay they wanted.
As for the FDA they have set a precedent with a antigen test. Last month they authorized the test. They started using it shortly afterwards. Turns out it was incorrect 1/3 to 1/2 of the tests. Last week they de-authorized the product. I bet Berman would be very comfortable with that arrangement.