Department of Justice (DoJ) – Office of Public Affairs
Friday, April 12, 2024
The CEO of a California biotechnology company was sentenced today to seven years in prison for a securities fraud scheme that resulted in approximately $28 million in investor losses and obstruction of a related U.S. Securities and Exchange Commission (SEC) investigation.
According to court documents, Keith Berman, 70, of Westlake Village, California, was the CEO and sole director of Decision Diagnostics Corp., a publicly traded medical device company. From February through December 2020, Berman engaged in a scheme to defraud investors by falsely claiming that Decision Diagnostics had developed a 15-second test to detect COVID-19 in a finger prick sample of blood when, in reality, no such test existed. Berman also falsely told investors that the Food and Drug Administration (FDA) was on the verge of approving Decision Diagnostics’ request for emergency use authorization of its purported COVID-19 test. In reality, Berman knew that his company was unwilling and unable to meet the clinical testing required by the FDA but concealed these material facts and misled investors.