Quarterly report pursuant to Section 13 or 15(d)

BASIS OF PRESENTATION (Details 1)

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BASIS OF PRESENTATION (Details 1) - USD ($)
$ in Thousands
Mar. 31, 2020
Dec. 31, 2019
Mar. 31, 2019
Dec. 31, 2018
CURRENT ASSETS        
Cash and cash equivalents $ 2,213 $ 1,769 $ 2,240  
Accounts receivable, net 1,900 2,150 2,061  
Inventories, net 8,255 7,971 5,795  
Investment in marketable securities 34,768 27,929 42,873  
Marketable securities, pledged to creditor     251  
Prepaid expenses and other current assets 1,102 1,402 603  
Total current assets 48,238 41,221 53,823  
Property and equipment, net 142 151 153  
Long-term investment at cost     527  
Equity method investment     13,470  
Right of use assets 4,344 4,474 2,838  
Deposits and other assets 288 285 410  
Total assets 65,992 59,456 71,221  
CURRENT LIABILITIES        
Accounts payable and accrued expenses 13,209 11,498 10,697  
Operating lease liabilities, current portion 1,079 991 682  
Other current liabilities 1,113 5,748 5,292  
Warrant derivative liabilities 13 38 9,877  
Notes payable, net of discount 3,954 3,749 7,806  
Notes payable to related parties 34 193 470  
Convertible notes payable, net of discount 3,150 2,995 15,157  
Convertible notes payable to related parties, net of discount     13,896  
Total current liabilities 29,060 32,827 63,877  
Operating lease liabilities, less current portion 3,810 3,932 2,478  
Other long-term liabilities 36,968 33,750 35,637  
Notes payable, net of discount, less current portion     1,151  
Convertible debentures, net of discount, less current portion 886   389  
Total liabilities 70,724 70,509 103,532  
STOCKHOLDERS’ DEFICIT        
Preferred stock — par value $0.001 per share, 15,000,000 shares authorized, none issued or outstanding  
Common stock — par value $0.001 per share, 250,000,000 shares authorized, 37,750,424 shares were issued and outstanding at March 31, 2019 49 48 38  
Additional paid-in capital 216,157 215,207 156,508  
Accumulated other comprehensive income (loss) (18) (79) (62)  
Accumulated deficit (220,920) (226,229) (188,795)  
Total stockholders’ deficit (4,732) (11,053) (32,311) $ (21,708)
Total liabilities & stockholders’ deficit $ 65,992 $ 59,456 71,221  
Previously Reported [Member]        
CURRENT ASSETS        
Cash and cash equivalents     15,310  
Accounts receivable, net     1,760  
Inventories, net     5,795  
Investment in marketable securities     42,873  
Marketable securities, pledged to creditor     251  
Prepaid expenses and other current assets     818  
Total current assets     66,807  
Property and equipment, net     153  
Long-term investment at cost     527  
Right of use assets     2,838  
Deposits and other assets     410  
Total assets     70,735  
CURRENT LIABILITIES        
Accounts payable and accrued expenses     11,068  
Operating lease liabilities, current portion     682  
Other current liabilities     5,217  
Notes payable, net of discount     7,000  
Notes payable to related parties     470  
Convertible notes payable, net of discount     15,157  
Convertible notes payable to related parties, net of discount     13,896  
Total current liabilities     53,490  
Operating lease liabilities, less current portion     2,478  
Other long-term liabilities     35,637  
Warrant derivative liabilities     1,447  
Notes payable, net of discount, less current portion     1,922  
Convertible debentures, net of discount, less current portion     389  
Total liabilities     95,363  
STOCKHOLDERS’ DEFICIT        
Preferred stock — par value $0.001 per share, 15,000,000 shares authorized, none issued or outstanding      
Common stock — par value $0.001 per share, 250,000,000 shares authorized, 37,750,424 shares were issued and outstanding at March 31, 2019     36  
Additional paid-in capital     146,344  
Accumulated other comprehensive income (loss)     (62)  
Accumulated deficit     (170,864)  
Total stockholders’ deficit     (24,546)  
Noncontrolling interest     (82)  
Total liabilities & stockholders’ deficit     70,735  
Adjustments [Member]        
CURRENT ASSETS        
Cash and cash equivalents [1]     (13,070)  
Accounts receivable, net [2]     301  
Prepaid expenses and other current assets [1],[2]     (215)  
Total current assets     (12,984)  
Equity method investment [1]     13,470  
Total assets     486  
CURRENT LIABILITIES        
Accounts payable and accrued expenses [1],[2]     (371)  
Other current liabilities [2]     75  
Warrant derivative liabilities [2],[3]     9,877  
Notes payable, net of discount [3]     806  
Total current liabilities     10,387  
Warrant derivative liabilities [2]     (1,447)  
Notes payable, net of discount, less current portion [3]     (771)  
Total liabilities     8,169  
STOCKHOLDERS’ DEFICIT        
Preferred stock — par value $0.001 per share, 15,000,000 shares authorized, none issued or outstanding      
Common stock — par value $0.001 per share, 250,000,000 shares authorized, 37,750,424 shares were issued and outstanding at March 31, 2019 [4]     2  
Additional paid-in capital [3],[5]     10,164  
Accumulated deficit [5]     (17,931)  
Total stockholders’ deficit     (7,765)  
Noncontrolling interest [1]     82  
Total liabilities & stockholders’ deficit     $ 486  
[1] EJ Holdings adjustments: the correction of this misstatement resulted in increases of $13.5 million in equity method investment, $114,000 in accounts payable and accrued expenses, and $82,000 in non-controlling interest and decreases of $13.1 million in cash and cash equivalent and $205,000 in prepaid expenses and other current assets.  
[2] Corrections of other misstatement: period adjustment and reclassification of variable consideration resulted in an increase of $301,000 in accounts receivable and a decrease of $486,000 in accounts payable and accrued expenses, a decrease of $10,000 in income tax receivable and an increase of $23,000 in income tax payable; a correction of accounting treatment for convertible notes resulted in an increase of $1.3 million in additional paid-in capital; a reclassification of GPB warrants resulted an increase of short-term warrant liabilities and a decrease of long-term warrant liabilities of $1.4 million; and a correction of tax provision resulted in an increase of $52,000 in income tax payable.
[3] Warrant adjustments: the correction of this misstatement resulted in increases of $8.5 million in warrant derivative current liabilities and $806,000 in short-term note payable and decreases of $771,000 in long-term notes payable and $9.7 million in additional paid-in capital.
[4] Retrospective adjustments made to common stock resulted from recapitalization transaction in July 2019.
[5] Balance includes carryforward impact on 2018 restatement adjustments, including cashless warrant adjustments which resulted in an increase in additional paid-in capital and a decrease in retained earnings of $18.3 million.