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NYSE:NBY09/04/2025

BMF Reports Short Report on NBY

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NOVABAY PHARMACEUTICALS $NBY

BMF Reports • Published September 4, 2025 • The Lazar-Sized Black Hole Disguised as a Biotech

CORE INVESTMENT THESIS

NovaBay is a walking corpse stuffed with paper, propped up by hype and run by a serial dilution artist.

After selling its only revenue-generating asset (Avenova®) and issuing a smokescreen dividend, the company now sits as an empty shell controlled by David Lazar, whose track record is defined by backdoor takeovers, aggressive dilution, and financial manipulation. BMF concludes this is a forensic takedown waiting to happen.

COMPANY OVERVIEW

Company Name
NovaBay Pharmaceuticals, Inc.
Headquarters
🇺🇸United States
NYSE American Listed
Current Business
Empty Shell
No commercial operations
Control Structure
David Lazar (95%)
Via Series B Preferreds
Avenova® Sale
$15.6 Million
Only revenue asset sold
Key Risk
Dilutive Merger
Reverse merger incoming

📋 What They Actually Do

NovaBay WAS a pharmaceutical company developing eye care products, primarily the Avenova® brand. However, they sold their only revenue-generating asset in June 2024 for $15.6 million to Legacy Ventures Pharma.

Current Reality: The company has no commercial operations, no revenue, no pipeline, and no business plan. It exists solely as a publicly-listed shell awaiting David Lazar's next reverse merger scheme.

Lazar Control Acquisition
$20,000

David Lazar gained 95% voting control through 1.3 million Series B preferred shares for just $20,000 - a 97% discount to market price.

Dividend Smokescreen
$0.80

Special dividend totaling $8.2 million - over 50% of Avenova sale proceeds - primarily benefited insiders and Poplar Capital before Lazar takeover.

Current Revenue
$0

The 10-Q openly admits: "We do not expect to generate significant revenue... our future operations are dependent on identifying a strategic transaction or merger."

Legal Baggage
Multiple

Goldman Sachs debt lawsuit, disbarred attorney (David Kagel) who stole $25K in Lazar deal, CPA Ontario professional misconduct ruling.

The Lazar Takeover Timeline

$15.6M
Feb 2024
Avenova Sold
$8.2M
Mar 2024
Dividend Issued
95%
Apr 2024
Lazar Control
$0
Present
Empty Shell
Asset Value ($M)
Control/Payout

Voting Control Structure

David Lazar (95%)
Retail Shareholders (5%)

KEY PLAYERS

DL

David E. Lazar

Serial Microcap Manipulator

Role: Acquired 95% voting control for $20,000 via Custodian Ventures

Significance: Track record of shell recycling, reverse mergers, and equity destruction

Red Flag: Sued by Goldman Sachs for debt default, CPA Ontario professional misconduct, tied to disbarred lawyer

DK

David L. Kagel

Disbarred Attorney

Role: Lazar's transactional attorney in Custodian Ventures deals

Significance: Intermediary in $120,000 Custodian Ventures stock transaction

Red Flag: Disbarred in 2023 for misappropriating $25,000 in client funds from Lazar deal

PC

Poplar Capital

Microcap Hedge Fund

Role: Largest institutional holder during Avenova sale and dividend

Significance: Accumulated 732,000+ shares at $0.55-$0.69, benefited from $0.80 dividend

Coordination: Fully exited before Lazar's dilution scheme - suspicious timing suggests coordination

CV

Custodian Ventures LLC

Lazar's Investment Vehicle

Role: Lazar's main vehicle for acquiring control of distressed shells

Significance: Used in dozens of microcap takeovers, custodianship actions

Pattern: Takes control via Nevada courts, issues preferred shares, then executes reverse mergers

Lazar's Shell Game Track Record

🚨 The Lazar Playbook: 5 Steps to Equity Destruction

1️⃣
Acquire Control
Discounted preferred shares
2️⃣
Install Board
Loyal directors, no expertise
3️⃣
Liquidate Assets
Extract value, issue dividends
4️⃣
Reverse Merger
Private Lazar-linked entity
5️⃣
Dump & Exit
Massive dilution, retail bagholders

📊 Lazar's Greatest Hits - Shell Destruction Record

ENZC (2020)
AI/antibody hype → Down >95%
ILAL (2021)
Chinese e-bike merger → Collapsed
LQR House (2023)
NFT/booze pump → Down >80%
CYCC (2025)
Dumped 195M shares for $5.5M
Pattern: Every Lazar-controlled entity has collapsed 80-99% post-transaction, leaving retail as bagholders

LEGAL BAGGAGE ANALYSIS

⚖️ Goldman Sachs Lawsuit

Case: 21CHCV00579 - LA Superior Court

Cause: Debt collection - non-payment of commercial loans

Red Flag: Goldman doesn't sue lightly - indicates financial recklessness

🎓 CPA Ontario Misconduct

Finding: Guilty of violating Rule 104.2 of CPA Code

Penalty: $5,000 fine + $1,500 costs + reprimand

Impact: Professional misconduct while controlling public companies

👨‍💼 Disbarred Attorney Network

Attorney: David L. Kagel (disbarred 2023)

Crime: Misappropriated $25,000 in Lazar deal

Question: Why work with lawyers who steal from investors?

📋 SEC Pattern Issues

Allegations: Undisclosed group activity, hidden ownership

Example: My Size Inc. (MYSZ) activist dispute

Pattern: Operating on the edge of legality across multiple entities

Price Target & Upcoming Catalysts

🎯 Price Target

$0.18
90% Downside
Rationale: No operating business
Cash burn: Rapid depletion
Dilution: Massive share issuance coming

📅 Upcoming Catalysts

⚡ Reverse Merger Announcement: Lazar-linked private entity
📊 Massive Reverse Split: 1:35 already completed
💸 Toxic PIPE Financing: Convertible notes at discount
📰 PR Pump Campaign: Vague partnership announcements

🚨 Red Flag Summary

✅ No business or revenue
✅ Serial manipulator in control
✅ Legal and ethical baggage
✅ Dividend was smokescreen
✅ Dilutive merger incoming

BMF Reports' Verdict

According to BMF Reports, NovaBay Pharmaceuticals ($NBY) is a walking corpse stuffed with paper, propped up by hype and run by serial dilution artist David Lazar. After selling its only revenue-generating asset and issuing a smokescreen dividend, the company now exists as an empty shell with no commercial operations, no business plan, and no viable value proposition. BMF concludes this is a forensic takedown of Lazar's latest microcap heist, where retail traders are about to get torched.

🔻 BMF REPORTS SHORT POSITION
Price Target: $0.18 per share (90% downside)