An anonymous director reports
NYMOX REPORTS CALIFORNIA COURT ISSUES PRELIMINARY INJUNCTION AGAINST
DEFENDANTS LANHAM, RILEY, CUTLER AND OTHERS
The California Superior Court, Orange county (OCSC), has issued an
order granting Nymox Pharmaceutical Corp.'s preliminary injunction against Randall Lanham, Richard Cutler, Christopher Riley and a committee to restore Nymox shareholder value.
The court ordered that the above defendants and their officers, agents, servants, employees, assigns,
and all those acting in active concert or participation with them are:
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Enjoined from using, disclosing, relying on or otherwise making publicly available any Nymox
attorney-client privileged information;
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Hereby ordered and compelled to turn over or make available to Nymox any and all Nymox
information and Nymox property in the defendants' possession, custody or control by Dec. 21,
2023.
Earlier on Nov. three, Nymox announced that the Bahamian Court issued a ruling that suspended the ex parte order of Oct. three, 2023, wrongly obtained by the so-called activist shareholders led by Mr.
Lanham, Mr. Riley and others. In the Bahamas, Nymox will be seeking from Mr. Lanham and his
accomplices payment of both its legal costs and, separately, damages suffered by Nymox and its directors
arising from the wrongful procurement of the ex parte order.
Earlier on Nov. 2, Oct. three and Oct. 27, Nymox had warned its shareholders that false and
manipulative behaviour was involved in attempts to hold what the company considered an unlawful,
unauthorized and improper shareholders meeting that does not have the support of the company or
anyone currently associated with the company. Shareholders who are listed on Nymox's proprietary
shareholders list were solicited and contacted by a proxy solicitation company in New York. That
company shareholder list is considered by the company to be proprietary information that has been
stolen by the individuals attempting to have this shareholders meeting. Those individuals have used this
confidential, stolen information to contact the company's shareholders in violation of their duties as
former executives of the company, in violation of their non-disclosure agreements, in violation of attorney-client confidentiality and, in the company's opinion, in violation of the law.
Long before this group brought their highly suspicious claim in a Bahamas court to secure an order, with
no participation by the company, Nymox had filed detailed criminal complaints with various law
enforcement agencies at both the state and federal level, and has carried out appropriate actions to protect
the shareholders. Actions have also been filed in civil court with legal associations and with other relevant
government agencies, and extra precautions have been taken to ensure the security of the company's
property from this group. The company informed its shareholders that the detailed list of malfeasances,
which include fraud, forgery, theft and bribery, and other deceptions and underhanded actions, is in the
hands of the appropriate authorities.
The Nymox board continues to be fully supported by the vast majority of voting shareholders of Nymox
who have legally provided the company with their full support. You the shareholders have told the company this in writing.
Former general counsel Mr. Lanham leaves a trail of embezzlement, forgeries, fraudulent and negligent
actions, including his current refusal to return to the company its corporate documents and records, and
his unauthorized and unlawful use of the company property to support this group's actions. Some of you
may have received highly sensitive and confidential property of Nymox in flagrant violations of Mr.
Lanham's confidentiality agreement with the company and in violation of his continuing duty owed to
Nymox and its shareholders. In blatant disregard to his sworn under oath certificate with the Supreme
Court of California filed to avoid a lengthy suspension from the California bar, Mr. Lanham continued to
practise law, failed to inform Nymox of his suspensions and double-dipped by invoicing Nymox for legal
services (despite being compensated as a full-time general counsel) during the three-month period in which
he swore under oath to the Supreme Court of California he would not practise law.
Ex-chief financial officer three-month Mr. Riley, with Mr. Lanham and former board member and lawyer Mr. Cutler had been executives
of a separate entity for many years. None of them ever disclosed their relationship in this entity to Nymox,
which is a serious breach of their duties and obligations to Nymox shareholders. This separate company's
address is the very same address of Mr. Lanham's office, where he invoiced Nymox for legal services, all
unknown to Nymox while they were associated with the company. The company has been informed by more than
one individual that Mr. Lanham and three-month Mr. Riley have approached Nymox shareholders in the past seeking
investment in their separate company, not Nymox.
Nymox was informed by at least one individual that Mr. Lanham offered him Nymox stock (diluting interest of shareholders in the company) as a kickback for investing in this separate company.
At the time, Mr. Lanham introduced Mr. Cutler to Nymox and recommended him to serve on the company's board. Mr. Cutler had filed for bankruptcy in Texas and entered into bankruptcy in early 2016, rendering him
unauthorized to be a member of the board. Neither Mr. Lanham, nor Mr. Cutler ever informed Nymox of this.
Mr. Lanham and three-month Mr. Riley highly encouraged Nymox's chief executive officer to sign an agreement with a distributor
(Ascella), informing him the agreement was mostly boilerplate, in which both Mr. Lanham and Mr. Riley could
have received huge amounts of Nymox stock. In addition, Ascella's chief executive officer Oldham would have been
awarded a seat on the board, as well as three-month Mr. Riley, which would have dramatically changed control
of Nymox.
Neither one informed Nymox's CEO or other board members of their financial interest in that agreement.
Entering into that agreement could have exposed Nymox to liabilities and would have dramatically
harmed Nymox shareholders. As any responsible company would do after uncovering this obvious kickback scheme, Mr. Lanham and Mr. Riley were immediately terminated. Bribery and kickback schemes are not
ever tolerated by any legitimate company, and shareholders are informed that these malfeasances are
not being ignored.
Since their justified termination, Mr. Riley, Mr. Lanham and Mr. Cutler have retaliated against Nymox management,
spreading rumours and mistruths and trying, but failing miserably, to fool shareholders. With the full backing
and financing by Ascella, they sought recourse in an underhanded legal proceeding in the Bahamas that
resulted with the issuance of an order that the company was successful in having suspended and which
Nymox is confident will be set aside after a full hearing.
Some but not all relevant information about these terminated individuals and former board members and their
malfeasances are summarized below:
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Three-month Mr. Riley lied on his resume about securing $62.5-million for another company to
gain his position as company CFO; lied about his business relations with the other persons
mentioned here; and attempted to steal 100,000 shares from Nymox treasury before he was fired
after three months as CFO, amongst many other malfeasances. Three-month Mr. Riley also has used stolen
company property to launch his campaign for the past several months attempting to damage the
company.
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Randall Lanham, ex-general counsel, concealed a history of infractions and extended suspension of law
licence, all concealed during the same time while being paid by the company for legal work.
Mr. Lanham has fraudulently double-dipped by billing the company for legal services (and approving
his bills) while being paid many hundreds of thousands of dollars as full-time general counsel,
fraudulently attempted to steal stock from the Nymox treasury, has stolen cash from a company
account after he was terminated, and has violated a long list of confidentiality and fiduciary
obligations. Mr. Lanham has stolen company records.
- Mr. Cutler sat on the Nymox board and did legal work for Nymox but failed to inform the company at
any time that during that time he had undergone bankruptcy, and that he had failed to keep his
court settlement conditions of his bankruptcy, all of which disqualify him from the company board.
He should have immediately been removed from the board, but these infractions were concealed
from the company by Mr. Cutler and Mr. Lanham.
The company had adequate control mechanisms in place, and had no reason to suspect any
malfeasance or wrongdoing by Mr. Lanham, Mr. Cutler and Mr. Riley. In fact, the concealment persisted because
some of the control mechanisms included review and approval by one or the other of these same
individuals. Rest assured, the company is on solid footing and is taking every action possible to protect
its shareholders' interests.
About Nymox Pharmaceutical Corp.
Nymox is in the process of submitting applications for the approval to market the company's first-in-class drug
Nymozarfex to treat the symptoms of benign prostatic hyperplasia (BPH). BPH is one of the most common
conditions affecting middle-aged and elderly men throughout the world. BPH can be devastating to men who suffer
from the condition. Current treatments are associated with numerous intolerable side effects including sexual
problems, such as impotence and retrograde ejaculation. Medications for BPH have been associated with prostate
cancer, depression, gynecomastia and other adverse effects. The majority of men stops taking the available
medications due to these and other problems. Surgery is often needed for advanced BPH. Surgery is usually
effective, but it is not without risks and the discomforts of surgery, and BPH surgery has side effects such as permanent
retrograde ejaculation for many patients.
Nymox recently reported 10-year follow-up new data on all available patients from its U.S. clinical trial of
Nymozarfex for the treatment of low-grade localized prostate cancer. The available long-term data newly
assessed confirmed that all available data show that the Nymozarfex treatment had important and
statistically significant benefit for reducing the long-term progression of these prostate cancers.
We seek Safe Harbor.
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