(Total Views: 524)
Posted On: 02/17/2022 12:11:40 AM
Post# of 148882
Sean, I don't think it is that simple. I believe that Kazempour and others were engaged in behavior that was criminal. Someone here posted an article about how falsifying a drug trial resulted in the jailing of those who did it.
CROs, no doubt, are licensed, bonded, insured and I don't know what else because they are supposed to be highly trusted and ethical outfits. The CRO probably only has limited liability if officers and employees are going about their business and performing in good faith.
If they are engaged in fraud, do you think they still have limited liability? I don't think a judge would see it that way. Nor would Amarex's insurance company.
If Amarex defrauded NSF in order to get bought out, that money can get clawed back, if it isn't gone already. Further, I know that any merger documents signed when Amarex and NSF merged, must have spoken to the integrity of those who entered into the agreement.
If you want to get into NSF deep pockets, you would have to prove that NSF knew of Amarex's fraudulent behavior and abided it.
Prosecution of criminal behavior will not stop at the corporate boundary. Amarex's officers and anyone else who was not acting in good faith can be prosecuted personally. Bad judgement, risky, stupid behavior, etc., as long as it is not criminal, is protected by limited liability. Fraud and criminal behavior can not hide behind LLC.
That's how I see it and believe.
CROs, no doubt, are licensed, bonded, insured and I don't know what else because they are supposed to be highly trusted and ethical outfits. The CRO probably only has limited liability if officers and employees are going about their business and performing in good faith.
If they are engaged in fraud, do you think they still have limited liability? I don't think a judge would see it that way. Nor would Amarex's insurance company.
If Amarex defrauded NSF in order to get bought out, that money can get clawed back, if it isn't gone already. Further, I know that any merger documents signed when Amarex and NSF merged, must have spoken to the integrity of those who entered into the agreement.
If you want to get into NSF deep pockets, you would have to prove that NSF knew of Amarex's fraudulent behavior and abided it.
Prosecution of criminal behavior will not stop at the corporate boundary. Amarex's officers and anyone else who was not acting in good faith can be prosecuted personally. Bad judgement, risky, stupid behavior, etc., as long as it is not criminal, is protected by limited liability. Fraud and criminal behavior can not hide behind LLC.
That's how I see it and believe.
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