Spencer Trask and Immune Response Biopharma

I have been writing letters to the Spencer Trask group for the past few months asking if they or their associate Kevin Kimberlin were in any way connected to the new company calling itself Immune Response Biopharma. I finally received a call back from New York today from a Spencer Trask representive. He stated plainly that there was no connection between Spencer Trask or Kevin Kimberlin and the new Immune Response Biopharma. He also stated that Kevin Kimberlin purchased the research to the original Immune Response/Orchestra Therapeutic company at a public auction that occured after the company went through bankruptcy and not before. Apparently the news releases put out by Orchestra about Kevin Kimberlin and Spencer Trask providing operational financing for Orchestra in return for intellectual property rights during the last two years of the companies operation were incorrect. The gentlemen I spoke with said that the new company had no connection to Immune Response/Orchestra other than the fact that the new company chose to use a similar name. Basically the new Immune Response Biopharma company under David Buswell is "NOT" using the research from Immune Response/Orchestra nor did they obtain the intellectual property rights from Immune Response/Orchestra as those were purchased by Kevin Kimberlin as part of the settlement of the companies holdings after the bankruptcy hearings. Anyone else have any information or comments to ad?

Legal Contacts concerning rights of Immune Response Inc and Biopharma

Investors of Immune Response/Orchestra might want to also contact the following:
United States Trustee
United States Department of Justice
402 West Broadway, Suite 600
San Diego, CA
92101
Chief, Special Procedures
Section - Insolvency
Internal Revenue Service
P.O. Box 30213
Laguna Niguel, CA
92607-0213
United States Securities and Exchange Commission
5670 Wilshire Blvd, 11th Floor
Los Angeles, California
90036
U.S. Bankruptcy Court
Southern District of California
325 West F Street
San Diego, CA
92101
(619) 557-5620

Investigation of Immune Response Biopharma

Investors of Immune Response Inc. / Orchestra Therapeutics Inc. who have concerns about the activities of Immune Response Biopharma Inc. might wish to contact the following to request an investigation of this new company to see if they are in fact the old company with a slight change in name. The name is almost the same as the original Immune Response, the research is the same research, and many of the people now running the company are the same people.

Perhaps investors need to write and contact the following in order to protect their rights.

The new Immune Response Biopharma is taking the research from Immune Response Inc. and seeking FDA approval.

Food and Drug Administration

10903 New Hampshire Ave
Silver Spring, MD 20993-0002

or by telephone:

• 1-888-INFO-FDA (1-888-463-6332)—main FDA Phone Number (for general inquiries)
• Electronic Employee Directory¹
• FDA Public Affairs Specialists²

Freedom of Information: FDA cannot accept on-line Freedom of Information Act requests (because such requests must be signed in writing); however, information about filing such requests is available in FDA's Electronic FOI Reading Room³.

The original Immune Response Inc. later became Orchestra Therapeutics and filed bankruptcy immediately thereafter. During the last few months after the name change one of the companies founders, Kevin Kimberlin and the Spencer Trask organization purchased all the intellectual property rights for the research from the company. The new Immune Response Biopharma says they then abandoned those rights immediately after that.

One can't help but feel the whole thing sounds fishy. Original investors might want to contact the courts that handled the original Chapter 7 was filed.

United States Bankruptcy Court
for the
Southern District of California
Jacob Weinberger United States Courthouse

325 West F Street
San Diego, CA 92101

- 6998
(619) 557-5620

Matters of company fraud are usually investigated by the Federal Trade Commission. They can be contacted at the following:

Northeast Region Federal Trade Commission 1 Bowling Green New York, NY 10004.

For Consumer Complaints contact the Consumer Response Center:

By phone: toll free 877-FTC-HELP (382-4357); 9:00 am to 5:00 pm Eastern Standard Time, Monday through Friday;

 

By mail: Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Ave, NW, Washington, DC 20580

Information on Immune Response Biophama is as follows:

CERTIFICATE OF INCORPORATION

State of Delaware

Secretary of State

Division of Corporations

Delivered 01:28 PM 06/20/2011

FILED 12:27 PM 06/20/2011

SRV 110739145 - 4999105 FILE

Immune Response BioPharma, Inc.

244 5th Avenue Suite 1727

New York City, NY 10001 U.S.A.

(917) 275-7931

Recent appointments at Immune Response Biopharma

At one time David Buswell said the the former executives at Immune Response Inc. aka Orchestra Therapeutic caused the companies failure and not the research. I find it interesting that now many of those some people are members of the new Immune Response BioPharma. My belief is that these are the people behind Immune Response Biopharma and that they deliberately caused the company to go bankrupt in order to take the research and start a new company called Immune Response BioPharma so they could dump all the previous investors, start a new company, and reap all the profits for themselves. I suspect it is only a matter of time till we hear that Kevin Kimberlin and Spencer Trask are now involved in the new Immune Response BioPharma.

Boards and new Advisors at Immune Response Biophama

It appears that many of the people who were previously involved in Immune Response Corporation and Orchestra Therapeutics are now joining Immune Response BioPharma. This proves my belief that the original companies research was stolen and the company itself manipulated into backruptcy so that a new company could be formed and the previous investors dumped and cheated out of their investments. Basically what has happened is that Kevin Kimberlin and Spencer Trask and the rest of the people who were at Immune Response Corp. manipulated the company so that they could change the name to Orchestra Theraputics and then purchase all the intellectural property rights to the research. They then manipulated the company into bankruptcy so they could dump all the original investors. Now they are starting a new company claming that have all the rights to the research funded by investors for over twenty years through Immune Response and Orchestra Thera. All the original crooks that were running Orchestra at the end will end up back in leadership roles with this new Immune Response Biopharma where they will cash in on the research while cheating the original investors out of everything. Typical Wall Street maneuver to make make as much profit as you can for yourself.

Open letter to Editors on Immune Response BioPharma

I have begun sending out letters to various publications seeking an investigative report into the actions of Immune Response BioPharma and the original Immune Response Inc/Orchestra Therapeutic.

Editor 

Dear Sir or Madam:

I am writing to suggest a story that your publication might find interesting enough to pursue.  I am a long time investor in a company called Orchestra Therapeutic Corporations Inc. The company began under the name Immune Response Inc.(IMNR) in the 1980s under Jonas Salk and Kevin Kimberlin with Spencer Trask to find a cure for aids, rheumatoid arthritis, psoriasis, and other diseases. Orchestra Therapeutic now trades under the symbol OCHTQ after going through a bankruptcy.  

Recently another research company called Immune Response BioPharma was created under the leadership of David Buswell. This company now claims to own all the intellectual property and research rights of  Immune Response/Orchestra Therapeutic saying that the research was legally abandoned. When I contacted Eric Swanson Communications Officer at Immune Response Biophrma he replied with the following:
"Per your note to Mr. Buswell, it's my understanding you have issues relating to his medical and business efforts. While I'm not a brankruptcy expert, I believe the science he has embraced was abandoned by the parties you mentioned in your email. It seems to me he's trying to make good on something that was left to the trash collectors." and that what they found was “in the trash can.” Recently David Buswell the company’s CEO has said in released statements, “REMUNE is a winner hands down and see the vaccine as the gold standard of treatment, eventually 90% market share.” 

It seems a little hard to believe that scientific research involving clinical trials involving patients could be retrieved from a trash can and that this same research could then turn out to be a gold mine. Investors holding shares in Orchestra/Immune Response like myself are concerned that the original Immune Response’s operations were handled in such a way as to force a bankruptcy so that the research could then be transferred to another company where it could then be reissued as an IPO thus abandoning the original investors. I have written numerous letters and E-mails to Kevin Kimberlin and Spencer Trask asking if there was any connection between them and the new Immune Response BioPharma, but they have refused to reply as has David Buswell.

In fact the only response I have been able to obtain from David Buswell was in the form of threats such as the following:

“I would ask you to respect the rule of law and cease and desist from contacting, harassing, interference of business, fraud, manipulation, slander, defamation, illegal activities, written or oral communication threathening, harming, cyber attacks, physical or oral or via mail any blackmail or greenmail activities or otherwise prohibited illegal activities against Immune Response BioPharma or its employees, founders or members in any shape form or fashion will be deemed as hostile acts and reported to the proper authorities. Immune Respone BioPharma is a peaceful company only seeking to save lives and has its own pipeline of life saving drugs and will act responsibly by developing those therapeutic treatments in the of mankind. Should you continue with your course of actions it will become a criminal matter which the proper authorities will be notified, at this time Immune Response BioPharma will not pursue any legal actions but cautions you to refrain from further activities that would otherwise violate the rule of law. Mr. Reese make no mistake you will be held accountable should you continue to harrass, impede, threathen, blackmail, interfere with our business and notify the Department of Justice and the FBI should you send more harrassing emails. Please Cease & Desist as of 2/24/2011 your activities and contact with Immune Response BioPharma, should you violate this order appropriate legal action will be taken. Immune Response BioPharma will use any and all legal avenues civil and criminal to halt any violations of this order.

Sincerely, Immune Response BioPharma Legal Department”

It seems the new Immune Response has not only tried to take over the research, but also the name Immune Response and has started a new unit called,(you guessed it) Orchestra Therapeutics. It claims Orchestra Therapeutics will focus on the development of new antibiotics and manufacturing of Generic antibiotics.

Obviously, for the legal rights of the original stockholders to have been abandoned legally there could be no involvement in Immune Response BioPharma by either Mr. Kimberlin or Spencer Trask as that would simply mean that they helped finance and start a new company under a new name and simply transferred the research rights in order to abandon the previous companies investors and make more profit for themselves.

I would like to encourage your publication to investigate the new Immune Response BioPharma and how this company is conducting its business in light of the information you now have. I could make for a very interesting story in light of the connection with Jonas Salk and the renewed attention that Aids research is now receiving.

Immune Response and Orchestra stock manipulation

The price of Orchestra Therapeutics stays at 0.0035. Twice in the past few weeks including last week I purchased shares in of the stock at the market price which was .01 cents a share bringing the last purchase price up to .01 cents on the financial board. Both times there was an immediate trade of over 300 shares at 0.0035 bringing the price of the stock back down. Could it be that someone is purposely trying to manipulate the price of the stock to keep it below .01 cents a share. I mean why would someone offer to sell at 0.0035 when the last trade was higher and why would it always be the same price and the same amount of stock being exchanged. I wounder if someone is not deliberately trying to keep the price down at 0.0035 Does anyone have a guess as to what reason they might have?