Not to throw cold water on what has been an interesting bit of thrust and parry, but it's probably good to keep in mind that Poet/Odis and NASA may be flying around the court room these days rather than in space!
From Poet's placement agency agreement, page 15, October 28th 2016
Litigation.
The Representative (SEC) has been advised by the Company of the fact that POET was under investigation for potential violations of the False Claim Act (“FCA”) related to the SBIR grants received by the Company. Conversations between NASA, the U.S. Attorney’s Office (“USAO”) and POET’s lawyers occurred in early October 2016, where the USAO indicated that is conducting an investigation into where the structure of ODIS was misleading.
And from the shelf prospectus:
False Claims Act Investigation
POET may be subject to liability under the federal False Claims Act ("FCA"). The FCA prohibits individuals and companies from knowingly submitting false claims for payments to, or improperly retaining overpayments from, the government. In September 2016 POET received a letter from the U.S. Attorney's Office for the District of Northern Ohio indicating that POET was under investigation for potential violations of the FCA related to the Small Business Innovation Research program grants received by ODIS Inc., a subsidiary of POET, from the United States Government in 2008. POET is co-operating with the investigation. The estimated potential liability for POET is approximately US$900,000.
Always best to keep all the relevant material in sight
