“The indictment fails to allege that Dr. Pourhassan engaged in a crime, including the failure to allege that he knowingly made false and material statements,” Adam Lurie, a Washington, D.C., attorney, argues.

Good luck with that.

“Moreover, Pourhassan was aware he was engaging in fraud because he was repeatedly told by many, including the FDA, that his statements to investors were false and misleading — and he nevertheless continued in a relentless campaign of lies to raise millions of dollars and make himself rich by illegally selling company stock based on material, nonpublic information," the government's brief says.

And it looks like Nader's going with the I'm just a simple-minded engineer, why should I know anything about biotech defense:

“With respect to any criminal conduct, Dr. Pourhassan, who has a degree in mechanical engineering and not life sciences, will present a defense that is diametrically opposed to Mr. Kazempour,” the brief says. “Dr. Pourhassan reasonably relied on the relevant and specialized expertise of Mr. Kazempour, who was a former FDA clinical reviewer.”