For this to be all made up, what would be the goal? The most obvious is pump and dump. If that was the plan Berman's chance came and went. Insiders are holding millions of shares ( formally worth a penny ). If he knew he would never get his EUA, he would have pulled the trigger before it gained 50 fold. He would have known, it would have taken an EUA to go higher. I am sure the SEC followed all trades of DECN above 50000 shares. They would be looking for connections between any large sellers and DECN insiders.
Also, as Berman said he has committed to a fortune in liability Insurance. The government may or may not help with that. To me it sounds like he believes in GenViro.