Pittsfield Sues PathogenX for Repayment of GE Funds

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — The city is suing a medical waste company for repayment of GE Economic Development funds. 

A lawsuit filed on June 13 says PathogenX "failed to establish actual and ongoing operations in the City of Pittsfield and furthermore failed to register with the Secretary of the Commonwealth to conduct business in the Commonwealth of Massachusetts." 

In April, the city ordered the company to repay $70,000 that has been disbursed under the $150,000 agreement. As of mid-June, repayments hadn't been made, and Pittsfield officials allege that they were lied to about PathogenX's legitimacy and ability to bring operations to the city. 

"As outlined in the Grant Agreement, the company was required to relocate its operations to Pittsfield and employ a minimum of three (3) individuals in the City by December 31, 2023, with continued operating and staffing levels to be maintained thereafter," an April 7 notice of default and demand of repayment reads.  

"To date, PathogenX has failed to establish operations in Pittsfield and has no employees located within the City." 

In 2023, the City Council allocated $150,000 of General Electric economic development funds to support the company developing a stand-alone onsite device that utilizes thermal heat to convert medical waste into safer waste by killing pathogens, bacteria, and viruses.

At the time, CEO Charles "Chuck" Berkeley, a Pittsfield native, said he wanted to start moving forward immediately with the goal of establishing a manufacturing facility and developing generation two technology by the end of 2024.

Now, a link to the company's website in a 2023 iBerkshires article no longer works, and its status on Pitchbook.com is "out of business." The city alleges that the company "operated as a shell corporation, failed to observe corporate formalities, and was dominated and controlled entirely by Charles Berkeley for personal gain." 

Berkeley, the named defendant, is described as the "sole officer, director, president, treasurer, and secretary of PathogenX, Inc., and exercised complete control over the corporation." 


The city is suing on counts of breach of contract, fraudulent misrepresentation, equitable relief, unjust enrichment, fraud in the inducement, and fraud. Pittsfield asks that the company repay the $70,000 dispersed plus costs, cover attorneys' fees, and "pierce the corporate veil" and hold Berkeley personally liable for the obligations of PathogenX Inc.

It also provides documents showing that PathogenX failed to pay taxes in its home jurisdiction of Wyoming and has been "administratively dissolved" as of October 2024. 

The Economic Development Grant Agreement required PathogenX to establish legitimate business operations in Pittsfield by the end of 2023, stipulating that in the event PathogenX fails to remedy a contract breach within 120 days, it will have to repay all funds disbursed as of the date of the breach. 

The city alleges that the company made material false representations, including the intent to establish legitimate business operations in Pittsfield and comply with the funding contract. 

"These false representations were made knowingly, or with reckless disregard for the truth, and with the intent to induce Plaintiff to disburse public funds," it reads. 

"… Defendants made false representations of material fact to the City, including, but not limited to, opening an office, leasing space, and hiring employees in the City of Pittsfield and its future intentions of establishing operations and meeting job creation benchmarks," 

"Defendants knew these representations were false when made, and/or made them with reckless disregard as to their truth and falsity." 

Update: Devon W. Grierson, city solicitor, said on Friday morning that the city had made demand for repayment from PathogenX and that "they have not responded to any of our communications to date."

An email address could not be found for Berkeley and there has been no response yet for request for comment sent to the company's other co-founder.

"I have aspirations of doing more than just bringing a business here," Berkeley told the Community and Economic Development subcommittee in 2023. 

"I want to do something for the kids. I know when I came up, I didn't have everything that a lot of other kids had, so if I could bring something to the community in that way as well as make PathogenX a household name, that would be really cool. It'll be a big accomplishment."

City of Pittsfield, PathogenX Inc. Lawsuit by Brittany Polito


Tags: economic development,   lawsuit,   

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Pittsfield Council Says 'Yes' to Soccer at Crane Park

By Brittany PolitoiBerkshires Staff

The pitch will have the logos of the city and the US. and Massachusetts soccer associations. 

PITTSFIELD, Mass. — The city is gladly accepting a "mini-pitch" from the U.S. Soccer Foundation to bring games back to Crane Park. 

Fueling excitement around the World Cup, U.S. Soccer has been working with the Massachusetts Youth Soccer League to make these facilities available to 20 communities — one of which will be at the park at the intersection of Benedict Road and Springside Avenue. 

The City Council accepted the gift on Tuesday during its regular meeting. 

A mini pitch is a compact, modular field typically used for soccer, and it can also accommodate inline skates. It has a galvanized steel border with built-in goals and a rubber plastic surface that is clicked together; installed on the existing inline hockey court. 

Ward 2 Councilor Cameron Cunningham said he has gone door to door speaking with nearby residents, and they are "really excited" about the upgrade. He also sees it as a great addition. 

"They say that nobody really uses the court a ton now, and they are excited to see kids back on there playing," he said. 

Decades ago, the Crane Park facility was a wading pool. It closed in 1980, and before the turn of the century, it was filled in and marked for hockey. 

Parks, Open Space, and Natural Resources Manager James McGrath explained that the wooden border around the rink is showing its age, has been vandalized and tagged, and the facility is seeing a "real decline" in use. 

"This would seem to be an appropriate spot for us to remove the board system that's in place and install the mini pitch system through this grant," he said. 

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