WASHINGTON, July 10 (Reuters) - The former CEO of
healthcare software company SCWorx Corp ( WORX ) was found
guilty of investor fraud for falsely stating the company was
becoming a major supplier of COVID-19 rapid tests early in the
pandemic, the U.S. Justice Department said on Wednesday.
The Justice Department said in a statement that a federal
jury in New Jersey convicted Marc Schessel, 64, of two counts of
securities fraud for public statements by SCWorx ( WORX ) in April 2020,
early in the pandemic, claiming that it was buying and reselling
at least 48 million COVID-19 test kits, despite knowing that the
statements were false. SCWorx ( WORX ) said it had a binding contract to
acquire the rapid COVID test kits from an Australian supplier.
The company and the former CEO had no immediate comment on
Wednesday.
The Justice Department said that Schessel knew the
Australian supplier did not have regulatory approval for the
COVID test kits and that his company did not have nearly enough
money to pay for them.
In the wake of those public announcements, SCWorx's ( WORX ) share
price rose by over 400%, from approximately $2.25 to an intraday
high of $14.88.
SCWorx ( WORX ) later announced it was terminating these COVID-19
rapid test kit agreements without having acquired any tests and
its share price quickly dropped below its pre-announcement
price, according to prosecutors.
Schessel is scheduled to be sentenced on Dec. 17. He
faces a maximum penalty of 20 years in prison on count one and a
maximum penalty of 25 years on count two, the Justice Department
added.