Sure, in case you don’t have Facebook, here is a
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Posted On: 03/24/2024 12:28:55 AM
Sure, in case you don’t have Facebook, here is an excerpt of the main point:
The Government's inaccurate representations to the grand jury about the number of alleged
known and unknown co-conspirators would have bolstered or created a false impression amongst
the grand jurors concerning the very existence of the alleged conspiracy to carry out a fraudulent
scheme. It also saved the Government from addressing key questions and exculpatory evidence
before the grand jury. As just one specific example, paragraph 43 (page 19) of the Indictment alleges that one "manner and means" of the conspiracy was when Dr. Pourhassan allegedly exercised stock options and sold shares while in possession of material non-public information.
Dr. Pourhassan is also substantively charged with insider trading related to these allegations.
Indictment, at 38 1 2. However, as the Government well-knows, at least one other CytoDyn executive monitoring the submission of the Biologics License Application and who, unlike Dr.
Pourhassan, was a medical doctor with clinical trial expertise, also exercised options at the same time as Dr. Pourhassan. Exhibit B, Form 144 for Dr. Scott Kelly (DOJ-PROD-0003406070). Yet, only Dr. Pourhassan has been charged with this conduct - an exculpatory issue the Government
was likely able to obfuscate and disregard with its claim that there were other unindicted co-
conspirators. Similarly, the Government's allegation of multiple co-conspirators almost certainly enabled the Government to avoid addressing the involvement of numerous other CytoDyn and Amarex professionals in the issuance and approval of the very false statements alleged in the
Indictment.
The Government's inaccurate representations to the grand jury about the number of alleged
known and unknown co-conspirators would have bolstered or created a false impression amongst
the grand jurors concerning the very existence of the alleged conspiracy to carry out a fraudulent
scheme. It also saved the Government from addressing key questions and exculpatory evidence
before the grand jury. As just one specific example, paragraph 43 (page 19) of the Indictment alleges that one "manner and means" of the conspiracy was when Dr. Pourhassan allegedly exercised stock options and sold shares while in possession of material non-public information.
Dr. Pourhassan is also substantively charged with insider trading related to these allegations.
Indictment, at 38 1 2. However, as the Government well-knows, at least one other CytoDyn executive monitoring the submission of the Biologics License Application and who, unlike Dr.
Pourhassan, was a medical doctor with clinical trial expertise, also exercised options at the same time as Dr. Pourhassan. Exhibit B, Form 144 for Dr. Scott Kelly (DOJ-PROD-0003406070). Yet, only Dr. Pourhassan has been charged with this conduct - an exculpatory issue the Government
was likely able to obfuscate and disregard with its claim that there were other unindicted co-
conspirators. Similarly, the Government's allegation of multiple co-conspirators almost certainly enabled the Government to avoid addressing the involvement of numerous other CytoDyn and Amarex professionals in the issuance and approval of the very false statements alleged in the
Indictment.
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