The Honorable Paula Xinis U.S. District Judge District

New Post Public Reply Private Reply Replies (2) Message Board
Mr3Putt CaptnAmerca #142267
921
Quote:
The Honorable Paula Xinis U.S. District Judge

District of Maryland 6500

Cherrywood Lane Suite 255 Greenbelt, MD 20770

April 8, 2024

Re: United States v. Nader Pourhassan,

No. 8:22-cr-00440-PX

Dear Judge Xinis:

On behalf of Dr. Nader Pourhassan, we write in further support of Dr. Kazem Kazempour’s letter dated April 5, 2024, see ECF No. 113 (the “Letter”), and to further request that this Court order the disclosure of additional FDA communications regarding CytoDyn’s Covid-19-related patient and clinical trial data. In the Letter, Dr. Kazempour properly requested that the Government conduct a full Brady review given our preliminary review of the March 29 Production. See ECF No. 113 at 1-2, 9. As is the case for Dr. Kazempour, such discovery is material to Dr. Pourhassan’s defenses and is exculpatory.

In the Government’s response, filed today – April 8, 2024 – the Government accuses Dr. Kazempour of “mischaracteriz[ing] the internal FDA communications he has received to date as exculpatory” and disputes that the FDA was acting out of “animus.” ECF No. 114 at 1, 5. The FDA communications, however, speak for themselves. For example, on March 27, 2020, when CytoDyn shared results from the first instances of leronlimab treatment on critically ill Covid-19 patients in Intensive Care Units in New York—long before there was any clinical data that might provide a basis on which to question the drug’s potential to achieve authorization—an FDA employee commented to colleagues internally “Approval is OUT OF THE QUESTION!!!” and “I HATE THEM[,]” referring to CytoDyn. See Exhibit 1 (DOJ-PROD-0003615641) (emphasis – but not all caps – added).

Any reasonable juror would agree that this amounts to animus, and by the FDA’s own admission, such “hate” made approval “out of the question.” As this document further demonstrates, the March 29 Production raises concerns extending beyond the BLA allegations, but also to the Covid-19 allegations. The Government has charged Dr. Pourhassan with securities fraud and wire fraud in connection with CytoDyn’s and Dr. Pourhassan’s statements regarding clinical data and the potential of leronlimab as a treatment for Covid-19.

See Indictment at Counts 9 and 10 (ECF No. 1). Critically, the Government’s allegations in connection with these charges are predicated on the FDA having Case 8:22-cr-00440-PX Document 118 Filed 04/08/24 undertaken an allegedly careful review of data emanating from CytoDyn’s clinical trials, and adopted an interpretation of the significance of such data that differed from that of CytoDyn’s and Dr. Pourhassan’s public statements, and that made the likelihood of CytoDyn securing relevant FDA drug authorizations lower than CytoDyn and Dr. Pourhassan allegedly represented to the public.

Documents like those above contained in the March 29 Production, however, demonstrate that the FDA did not conduct any such careful review. Instead, the FDA’s so-called review appears to have been a sham, with the FDA deciding that it was going to block meaningful consideration of CytoDyn’s drug leronlimab before clinical data was even available for its review and interpretation.

1 When Dr. Pourhassan raised these serious concerns with the Government in a letter dated April 3, 2024, and requested that the Government implement search parameters designed to capture potentially relevant and exculpatory materials in connection with the Covid-19 allegations

2—as is its duty—the Government refused Dr. Pourhassan’s requests outright. See ECF No. 113-3. Given the proximity of trial, the critical nature of these belatedly disclosed exculpatory documents, and the additional potentially exculpatory and impeachment material the Government retains in its possession—in contravention of its constitutional and statutory discovery duties—Dr. Pourhassan joins Dr. Kazempour’s Letter, and looks forward to answering any questions the Court may have at the conference scheduled for April 15, 2024.

Sincerely,

/s/ Adam Lurie _______________________ Adam Lurie Linklaters LLP Counsel for Dr. Nader Pourhassan

CytoDyn Inc (CYDY) Stock Research Links

CYDY Board Company Profile Buy Rating Time & Sales News Filings Financials
Scroll down for more posts ▼

Top 10 Most Recent News Articles

Succession Planning in Turmoil: Only 42% Ready

Updated Category News Views 3

Diving into the Succession Crisis in Finance Succession planning in the financial advisory space is like retirement planning for the rest of us—everyone knows it's crucial, yet too many put it off. Despite the looming retirement wave and desperate interest from the younger cohort, a staggering 42% of financial advisors are still without a documented succession game...

Continue Reading
UWM Faces Class Action Deadline: Key Insights for Investors

Updated Category News Views 3

The High Stakes Reality for UWM Investors If there's one thing that's certain in this jittery world of investing, it's that losses have a way of waking you up. Right now, anyone tied up with UWM Holdings Corporation (NYSE: UWMC) shares needs to keep their wits about them; we're barreling toward an October 13, 2026 deadline for a class action lawsuit. The clock's ticking...

Continue Reading
Compass Unveiled: Power Revolution in Private Equity

Updated Category News Views 2

AI-Driven Insights: Revolutionizing Private Equity Strategies Now this is some spicy news from Huntington Beach! Collective just pulled back the curtain on Compass, their AI-fueled platform that's set to shake up how financial advisors tackle private company equity. If you're an advisor who's sick of staring at nebulous balance sheets filled with unquantifiable private...

Continue Reading
Leapora's Taskeen: Redefining Task Accountability

Updated Category News Views 0

AI's Impact on Workplace Task Management In today’s whirlwind of AI-generated output, transparency is not just a luxury; it’s a necessity. AI systems churn out work that can appear polished but often lacks substance. This doesn't just create headaches; it triggers a ticking bomb in the regulatory department. According to a 2025 survey from Stanford and BetterUp Labs,...

Continue Reading
Cracking the Code of America's Delivery Addiction

Updated Category News Views 0

America's New Obsession: Convenience at a Cost Diving into the relentless hustle, Americans are shelling out big bucks to dodge life's mundane chores. A fresh survey dished out by FinanceBuzz, hitching a ride with Bank of America, gives us a peek into how hooked everyone is on convenience services like food and grocery deliveries. It’s clear people are ready to fork...

Continue Reading
Regeneron Faces Legal Heat: Lead Plaintiff Deadline Looms

Updated Category News Views 6

Regeneron’s Tight Spot: Legal Showdown Well, here we go again—Regeneron Pharmaceuticals (NASDAQ:REGN) is under some serious heat. If you're an investor who faced significant losses with this biotech juggernaut, remember that the clock’s ticking down to the wire. By tomorrow, September 14, 2026, you need to decide if you're going to throw your hat in the ring for...

Continue Reading
Machine Grabs Prime Dallas Property Amid Apartment Boom

Updated Category News Views 0

Dallas' Hot Market and Machine's Bold Move Well, well, looks like Machine Investment Group's been busy flexing its real estate muscles, bagging a 490-unit gem in North Dallas—your typical, no-frills off-market grab. We’re talking 75 West, nestled in a juicy infill spot, and it’s catching eyes like gold dust in a pan. You don't need me to tell you North Dallas ain't...

Continue Reading
K-Beauty Takes Front Stage at Target Beauty Studio

Updated Category News Views 2

Making Waves in the U.S. with K-Beauty SUNGBOON EDITOR and Milk Touch just rolled into Target Beauty Studio, making a splash in the world of K-beauty. From ingredients that boast serious benefits to playful cosmetics that let you express yourself, these brands are shaking up American beauty routines in a big way. Ingredient-Focused Skincare for Every American Face...

Continue Reading
Dr. Desi Bartlett Teams Up with Glo for Perimenopause Focus

Updated Category News Views 2

Glo Taps Top Wellness Expert for Women's Health Initiative In an industry brimming with wellness voices, it's rare to find one that marries scholarly acumen with authentic, personal teaching. Yet, this is precisely what Dr. Desi Bartlett brings to the table as she partners with Glo to offer new fitness programming specifically targeting women facing perimenopause and...

Continue Reading
MRI Surveillance Gains Ground in Lung Cancer Care

Updated Category News Views 7

Shifting the Standard: MRI's Rise in SCLC Treatment Here's a twist that baffles the traditionalists—ditch the prophylactic cranial irradiation (PCI) and catch clearer days with MRI surveillance for small-cell lung cancer (SCLC). The latest international phase III MAVERICK trial might just redraw the lines on what's considered standard care in this relentless disease....

Continue Reading

Top 5 Most Recently Viewed Articles

Gabelli Funds Unveils Seven Fully Transparent ETF Options

Updated Category News Views 87

Introducing Gabelli's Fully Transparent ETF Strategies Gabelli Funds, LLC has embarked on an exciting new chapter by making all of its actively managed exchange-traded funds (ETFs) fully transparent. This progressive move enhances accessibility for both advisors and investors, aligning with the firm’s fundamental investment philosophy of bottom-up research. Gabelli’s...

Continue Reading
Bitcoin Prices Hit New Heights Amidst Market Excitement

Updated Category News Views 77

Bitcoin Reaches New All-Time High Bitcoin, the leading cryptocurrency in the market, has recently surged to a remarkable record high approaching $95,000. This significant price spike follows reports suggesting potential collaborations that may pave the way for a more favorable environment for cryptocurrencies in the financial landscape. Market Reactions and Implications...

Continue Reading
Manpower Achieves Top Position in Industry PEAK Matrix Assessment

Updated Category News Views 78

Manpower Recognized Among Industry Leaders Manpower, a global leader in staffing and workforce solutions, has recently earned a notable accolade by being named a Leader in the Everest Group's 2024 U.S. Contingent Talent and Strategic Solutions PEAK Matrix Assessment. This recognition underscores the company's commitment to excellence and innovation in the staffing...

Continue Reading
Exploring the Growing FIBC Market and Its Future Trends

Updated Category News Views 358

The Rising FIBC Market: An Overview The global Flexible Intermediate Bulk Container (FIBC) market is on a promising growth trajectory, with projections indicating an increase in market valuation from USD 7.4 billion in the near future to an impressive USD 11.5 billion by the year 2035. This growth reflects a compound annual growth rate (CAGR) of 4.5% from now to 2035,...

Continue Reading
Real Matters Q3 Financial Performance: Trends and Insights

Updated Category News Views 117

Real Matters Reports Impressive Q3 Financial Results (All amounts are expressed in millions of U.S. dollars, excluding per share amounts, unless otherwise stated.) TORONTO – Real Matters Inc. (TSX: REAL), a leader in providing network management services for the mortgage and insurance sectors, has announced its financial results for the third quarter, showcasing a...

Continue Reading