The FDA's having it in for CYDY does not let Amarex off the hook for their failure to do the work they were (over)paid for at a professional standard. The contract clearly states that the work was to be done in conformance to professional standards.

It wasn't.

QED.

Nader and Kazempour are probably going to say that their misleading statements were because they thought the FDA couldn't possibly say no, and now oh my goodness we find out that the FDA had it in for them.

This has to do with their defenses for insider trading, not the failure of Amarex to complete the work.