PENDING CRIMINAL DIVISION CASES
United States v. Keith Berman (Decision Diagnostics, Inc.)
Court Docket No.: 1:20-cr-278 (D. District of Columbia)
Court Assigned: This case is assigned to the Honorable Trevor N. McFadden, U.S. District Court for the District of Columbia, E. Barrett Prettyman Courthouse, 333 Constitution Avenue NW, Washington, D.C. 20001.
Latest Update:
The jury trial previously scheduled for December 12 2022, has been continued to July 10, 2023 at 9:00 AM in Courtroom 2 before Judge Trevor N. McFadden. The trial will take place in-person. A pretrial conference is set for June 23, 2023 at 10:00 AM.
Criminal Charges: On December 15, 2020, defendant Keith Berman was charged with one count of securities fraud and one count of making false statements. According to the relevant indictment, Berman served as the Chief Executive Officer, Chief Financial Officer, Secretary, and Treasurer of Decision Diagnostics, Inc. (“DECN”), a medical device company domiciled in California that traded common stock in over the counter markets regulated by the U.S. Securities and Exchange Commission (“SEC”). DECN engaged in the business of developing, manufacturing, and distributing glucose test strips and meters. The indictment alleges, inter alia, that Berman, having compromised DECN’s financial standing through his misuse of company funds, misrepresented the viability of the aforementioned test trip technology in detecting the COVID-19 novel coronavirus through a series of false and misleading press releases aimed at DECN shareholders and potential shareholders issued over the course of 2020. Several such press releases contained false and misleading statements regarding the U.S. Food and Drug Administration’s approval of DECN’s COVID-19 blood “test.” Moreover, Berman used an alias on an online investment message board to promote DECN’s COVID-19 blood test to shareholders and potential shareholders, and to attempt to threaten and intimidate individuals who approached the SEC and other regulators regarding DECN.
On May 11, 2021, Berman was charged in a superseding indictment with one count of securities fraud, one count of wire fraud, one count of obstruction of proceedings, and one count of making false statements.
For more information about the charges, please see below:
Superseding Indictment
The information on this website will be updated as new developments arise in the case. If you have any questions, please call the Victim Assistance Line toll-free at (888) 549-3945 or email us at victimassistance.fraud@usdoj.gov.
Victim Impact Statement: If you would like to submit a Victim Impact Statement, you may do so by mailing the Victim Impact Statement to: Victim Witness Unit, U.S. Department of Justice, Criminal Division, Fraud Section, 10th & Constitution Avenue, NW, Bond Building, Room 4416, Washington, DC 20530. You also may submit the Victim Impact Statement via email at VictimAssistance.fraud@usdoj.gov or by fax at: (202) 514-3708.
The information on this website will be updated as new developments arise in the case. If you have any questions, please call the Victim Assistance Line toll-free at (888) 549-3945 or email us at VictimAssistance.fraud@usdoj.gov.
Presumption of Innocence: It is important to keep in mind that an indictment contains allegations only, and that defendants are presumed innocent until proven guilty and that presumption requires both the court and our office to take certain steps to ensure that justice is served.
Crime Victims’ Rights Act and Right to Retain Counsel: The Crime Victims’ Rights Act (18 U.S.C. § 3771) applies only to victims of the counts charged in federal court, and thus individuals may not be able to exercise all of these rights if the crime of which the individual is a victim was not charged. Section 377I(c)(2) of this Act requires that we advise you that you have the right to retain counsel. Although the statute specifically sets forth your right to seek advice of an attorney with regard to your rights under the statute, there is no requirement that you retain counsel. The Government may not recommend any specific counsel, nor can the Government (or the Court) pay for counsel to represent you. Government attorneys represent the United States.
If you elect to obtain counsel to represent your interests, please have your attorney notify this office in writing at: U.S. Department of Justice, Criminal Division, Fraud Section, 10th & Constitution Avenue, NW, Bond Building, 4th Floor, Washington, DC 20530, Attention: Victim Witness Unit; fax: (202) 514-3708; or email: victimassistance.fraud@usdoj.gov. If you elect not to retain counsel to represent your interests, you do not need to do anything.
Plea Agreements: Please be aware that many criminal cases are resolved by plea agreement between the Department of Justice and the defendant. You should also know that it is not unusual for a defendant to seek to negotiate a plea agreement shortly before trial is scheduled to begin. Plea agreements can be made at any time and as late as the morning of trial, leaving little or no opportunity to provide notice to you of the date and time of the plea hearing. If the court schedules a plea hearing in this case, we will use our best efforts to notify you of available information as soon as practicable. If you want to inform the prosecutor of your views regarding potential plea agreements, or any other aspect of the case, please call the Victim Assistance Line toll-free at (888) 549-3945 or email us at victimassistance.fraud@usdoj.gov, and we will put you in touch with the prosecutor.