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To: IAHF List
Subject: Wo Wird Amoxicillin Abgebaut - Antibiotics (Amoxicillin), Amoxicillin Works
From: "International Advocates for Health Freedom" email@example.com
Date: Mon, 27 Nov 2000 10:44:42 -0500
All Webmasters: Please post. Mr.Kimble was not even allowed to have his expert witness testify. He was horribly railroaded. Now they're giving him "Diesel Therapy" moving him around inside the American Gulag so he can't even be in touch with his wife and attorney.
IAHF list: I have been working hard for the past several weeks with Bill Faloon and Jo Kimble, the wife of Jay Kimball who's plight is discussed very thoroughly and movingly below by my friend Don Harkens, Editor and Publisher of the Idaho Observer, and a fellow member of the American Media Association. Jay was selling a dietary supplement: liquid deprenyl citrate, a derivitive of the herb ephedra. It meets the statutory definition of a dietary supplement beyond any question because one or more of its 4 ingredients meets the definition of a dietary ingredient, the product is totally safe and very effective. FDA engaged in a conspiracy with Somerset Labs to imprison Jay. I have much more to say about Jay's situation, but think that Don's 3 articles below do a better job of introducing the issue than I could initially. Suffice it to say that Jay has been railroaded into the belly of the beast: 13 years in the Federal Pen on a trumped up "conspiracy" charge, and we must raise the funds for an appeal. After reading this, please forward it to others, especially if they have loved ones who suffer from Parkinsons' because their best hope is being horribly suppressed, and Jay is being grossly mistreated as a political prisoner.
Because of their efforts to break him for the past ten years,
Mr. Kimball was forced to defend himself at his trial.
Donations for his legal defense can be sent to:
The James T. Kimball Legal Defense Fund,
C/O 29949 S.R. 54 West,
Wesley Chapel, Florida, 33543
or call 813-994-5968 for more information.
Also see http://www.liquid-deprenyl.com/
You can also call me at 800-333-2553 (IAHF) or call Don Harkins author of
the articles below for more information
From: "Don Harkins" firstname.lastname@example.org
Subject: Wo Wird Amoxicillin Abgebaut - Antibiotics (Amoxicillin), Amoxicillin Works
Date: Sun, 26 Nov 2000 09:50:45 -0800
Organization: Idaho Observer
Dear Fellow Health Freedom Lover -
Many of you are familiar with the story of Jay Kimball. Following is an update and background in case you are not familiar. The final section of this post is a list of numbers that can be called to let the FDA, legislators and courts realize that people are watching.
Please help bring the following crimes against a decent fellow American to light. If you have any questions, my number is at the end of the first release.
The Idaho Observer
By The Idaho Observer
TAMPA-After his October 19, 2000 conviction for violating U.S. Food and Drug Administration (FDA) labeling laws, Liquid Deprenyl Citrate (LDC) developer Jay Kimball, 60, while in the custody of the U.S. Marshal's Service, was handcuffed, waist-chained, leg-ironed and, for no apparent reason, transported 150 miles from the Hillsborough County Jail (HCJ) here to the Hendry County Jail in LaBelle. Kimball was returned to HCJ Nov. 20 with numerous injuries.
An HCJ employee reportedly stated that Kimball must have been transported in error as, considering his age and the nature of his conviction, he should never have been sent to LaBelle. LaBelle is a facility that has been described as a deplorable, inhumane and bacteria-infested hell hole.
Kimball was sentenced by Florida District Federal Judge Richard Lazzara to serve 13 years for "misbranding" LDC-a crime which would ordinarily earn a three-year prison stay. On one hand the judge said to the prosecutors, "you had thousands of names and phone numbers, you failed to produce one complaint of harm or loss, to the contrary I have seen testimony and received letters about how good the product is. NO HARM DONE."
Then on the other hand he states "Mr. Kimball does not respect authority, he does not respect the law. " Lazzara also stated that Kimball's actions were "ANARCHY" in order to justify sentencing Kimball to serve more than four times federal sentencing guidelines for such a crime.
Though the FDA has been persecuting Kimball since LDC became available to victims of degenerative diseases such as Parkinson's in 1990, the federal agency admits that there has never been one consumer complaint or even one reported adverse reaction attributable to LDC. To the contrary, the court and the FDA have been provided with the results of 3,000 clinical case studies conducted by the University of Toronto which proved the product's safety and efficacy.
The court was also provided hundreds of letters from LDC users who have had their quality of life returned to them with the help of the natural nutritive plant product derived from the ephedra plant. After Lazzara arbitrarily passed sentence on Kimball based primarily on his defiance of non-scientific federal authority, U.S. marshals took custody of the 60-year-old man and justified further abuse with a false charging report produced by the Hillsborough County Sheriff's Department.
The report, which follows Kimball through the "justice" system, stated as of 11/20/00 that Kimball had been convicted in federal court for manufacturing, distributing, dispensing and possessing cocaine.
The speedometer in the transport van containing six male and two female prisoners with no seat belts in the vehicle except for the marshals, reportedly reached 100 mph as it careened through traffic en route to LaBelle. Kimball was catapulted out of his seat two times and suffered injuries to his shoulder for which he was denied medical attention when he arrived at the LaBelle facility. He also lost his voice and experienced difficulty breathing but was not allowed to see a doctor the entire time he was behind bars in LaBelle.
U.S. Marshal Vasquez, one of the transport deputies, reportedly subjected Kimball to a five-minute stream of extremely profane verbal abuse in front of LaBelle officials immediately prior to Kimball's return trip to Tampa. During the return trip Vasquez caused Kimball to fall again and injured his tailbone. Kimball did receive proper medical attention upon his return to HCJ.
Robin Hill of the U.S. Marshal's Service office in Tampa refuses to comment on her agency's treatment of Kimball but she did see to it that the charging report was changed. The report, which is available on-line at http://www.hcso.tampa.fl.us/, has been changed to reflect a conviction for the manufacture, distribution and possession of "synthesized narcotics"-which is also false as Kimball was not convicted of that crime and LDC is not a synthesized narcotic.
The U.S. Marshal's Service is apparently insistent upon incorrectly identifying the nature of Kimball's conviction so that hardened prison officials who only know Kimball by what the "official" report tells them will treat him in the worst possible manner. In the court of common sense, Kimball was convicted in federal court for helping people to overcome degenerative disease without federal approval. Since his conviction for having the courage to continue helping people regardless of his own safety, he has been physically and mentally tormented by a prison system that believes him to be a convicted drug manufacturer/dealer.
Attached for your consideration are two articles written over a year ago. They serve as an accurate overview of a decade of events that led to Kimball's federal conviction. Please help us to stop the cruel and unusual abuse of Jay Kimball. The names and numbers provided below should hear about this. Call them. We need to flood these people, particularly the politicians, with phone calls so that they understand Kimball is not alone. For more information or verification of this example of how the federal government really views its citizens, call Don Harkins of The Idaho Observer at: (208) 255-2307.
by Don Harkins
TAMPA-After withstanding nearly a decade of what appears to be a frivolous, harrassive and abusive federally-instigated, multi-jurisdictional investigation (code named "Operation Rx)," a Florida pharmaceutical researcher and manufacturer was allowed to present evidence of state and federal agent criminal conduct to a Florida federal grand jury here May 13, 1999.
Discovery Experimental and Development, Inc. (DEDI), President James Kimball, 59, seeks grand jury indictments of several state and federal officials for "criminal obstruction of justice, criminal RICO conspiracy, violations of constitutional rights, misuse of grand juries, criminal judicial misconduct" and whatever other charges could be criminally and legally applicable after the completion of a grand jury investigation, Kimball stated.
Kimball's serious charges stem from the nine-year investigation of himself and his company for developing an effective and marketable form of the naturally-derived nutritive plant product selegiline. "My testimony as to what happened to DEDI and myself will border on the unbelievable, but it will be the truth as I know it," said Kimball in his opening statement.
Kimball presented nearly 6,000 pages of documents to the grand jury in support of his claims that federal prosecutors Philip Halpern and Michael Rubenstein and Food and Drug Administration (FDA) official Dennis Degan conspired with the Florida Office of Statewide Prosecution, the Florida Department of Law Enforcement (FDLE), U.S. Customs, the Internal Revenue Service and the Florida Health and Rehabilitation Service (HRS) to drive DEDI and Kimball out of business and steal DEDI trade secrets. The confiscated (stolen) trade secrets primarily pertain to the development and production of DEDI's scientific breakthrough selegiline product Liquid Deprenyl Citrate (LDC).
Selegiline is a dopamine-boosting substance that is derived from the ephedra plant and has been used to treat Parkinson's and other degenerative diseases. Other documents seized by authorities include personal papers and effects that have no apparent relevance to a grand jury investigation of Kimball's business activities.
Kimball's summary of evidence specifically mentioned HRS (now the Department of Health) employees Jerry Hill, Gregg Jones, Deborah Orr and Attorney Robert Daniti as playing instrumental roles in the federally-directed investigation. Kimball presented 16 exhibits which indicate HRS complicity in "Operation Rx." The list of exhibits include the deposition of HRS Supervisor Jones and his admission that government agents agreed to violate the law and Kimball's constitutional rights prior to the raids of his personal residence and DEDI offices in early 1993.
Kimball estimates that over 100 state and federal government employees have participated in this "investigation." Contaminated Eldepryl Somerset Pharmaceuticals, owned by Mylan Pharmaceutical and Watson Pharmaceuticals, produced a contaminated selegiline hydrochloride product with the brand name Eldepryl. According to Kimball, the exhibits presented to the grand jury "clearly reveal that the FDA, HRS and Somerset knew that Somerset's product selegiline hydrochloride (Eldepryl) was contaminated with methamphetamine."
The contamination was reported in 1990 by the U.S. Pharmacological Conference, the entity used by the FDA to test products seeking FDA approval.
Further studies indicated that Eldepryl also contained other contaminants including the as yet publicly unidentified neurotoxin "Compound X." The grand jury was also provided with the results of the five-year Lee study, published in the December 16, 1995 edition of the British Medical Journal, which "revealed a death rate of almost 2 to 1 with Parkinson's patients using FDA approved protocol selegiline hydrochloride with levadopa (Eldepryl) vs. Parkinson's patients using levadopa alone without selegiline hydrochloride." Kimball believes that the contaminants, which are not added to
Eldepryl but are a condition of its manufacture, could be "washed out" but that doing so was likely considered by Somerset to be cost prohibitive. Kimball also believes that the purpose of this ongoing "investigation" was to secure DEDI trade secrets regarding the production of LDC so that they could be given illegally to the competing company, Somerset Pharmaceuticals. Liquid Deprenyl Citrate
The healing properties of the ephedra plant have been documented for centuries. The ephedra-derived product selegiline had never been manufactured for human use because it looses its effectiveness within a couple of hours. Scientists had tried unsuccessfully for 30 years to "stabilize" selegiline. After five years of research, DEDI was able to stabilize selegiline with a specially formulated citra gel. In 1990, Kimball named his new experimental product Liquid Deprenyl Citrate and sent samples to the University of Toronto for test trials.
The result was a selegiline product that was more effective than any selegiline hydrochloride product ever tested. According to reports by published by University of Toronto scientists and submitted in evidence to the grand jury, adverse side effects were documented as being negligible to none at all.
After researching all applicable state, federal and international commerce laws and determining that LDC could be legally manufactured, sold and used by the public, DEDI invested tremendous time and resources into constructing an international network that would manufacture and market the product worldwide. Before LDC was even ready to market, Somerset filed complaints against DEDI with the FDA, HRS, U.S. Customs and the Department of Justice. Somerset complaints resulted in Kimball being arrested in December, 1990, for selling LDC.
The case was dismissed prior to trial for lack of evidence-Kimball could not possibly have sold LDC because marketable LDC had not yet been produced. Kimball also believes that the case was dismissed to avoid public disclosure of illegal acts committed by government agents and law enforcement officers during the "investigation" and his subsequent arrest.
DEDI began producing and selling LDC for the Mexican marketplace in 1991. Under the authority of a grand jury investigation, DEDI and Kimball's personal residence were raided by HRS. The IRS seized all bank accounts under suspicion of alleged money laundering. The U.S. Postal Service opened a mail fraud investigation. "The IRS returned the money but forced me to sign papers which agreed that I would not sue them for wrongfully confiscating my company's money," said Kimball.
According to Kimball, there was serious grand jury abuse as subpoenaed parties were simply interrogated by government agents and flown home. To Kimball's knowledge, the grand jury never received any "evidence" provided by subpoenaed witnesses. Kimball believes the evidence proves that copies of documents seized from his home and business, including personal information and trade secrets protected by law, under the veil of a grand jury investigation, were given to HRS and Somerset by the federal prosecutor's office in San Diego.
Somerset filed suit against DEDI in 1993. The case was settled at the request of Somerset which agreed to pay DEDI and Kimball's court costs of $55,000.
"Before the ink was dry on the settlement papers, Somerset applied to the FDA for approval of a product that was almost, if not identical to our product Liquid Deprenyl Citrate," said Kimball. Kimball explained that DEDI immediately countered Somerset's action by filing suit against Somerset for theft of trade secrets and that the suit has yet to be resolved in court.
"We sued the prosecuting attorney, U.S Customs agents, IRS agents and HRS agents, FDA agents and took it [the lawsuits] all of the way through the judicial system to the U.S. Supreme Court. We have learned that all government agents enjoy the privilege of prosecutorial immunity," commented a disgusted Kimball.
CONNECTING THE DOTS
In 1995 DEDI began its investigations into the conspiracies that had forced it to be in perpetual litigation for three years and its trade secrets made available to a marketplace competitor. DEDI, under the authority of its suit against Somerset, began obtaining its immense collection of incriminating documents through the discovery process. "We found that federal 'task force' meetings had been held before DEDI and my home were raided.
At these 'federal' task force meetings, we uncovered evidence-evidence that has been submitted to the grand jury-that HRS officials and attorneys and FDLE agents were also in attendance. The Jones deposition and other documents describe how the raid was to be conducted for maximum efficiency," said Kimball.
Florida state law provides that "They [government agents] must knock and announce," before entering a business for inspection, during normal business hours, that they must identify themselves and their intentions and that the business has the right of refusal. "After all employees had been removed from the premesis by federal agents in the first wave, there wasn't anybody left to identify themselves to. In deposition, several state and federal agents admitted that they did not identify themselves nor did they announce their intention to search the business and the confiscations continued until after 7 p.m., Kimball recalled.
"The government's plan was to get HRS and FDA agents into my home and my business unnoticed as members of the federal task force search team second wave. Once HRS and FDA agents were inside, they could all become HRS inspectors operating illegally under Florida law," explained Kimball. According to Florida law, as confirmed by previous administrative court rulings Kimball provided to the grand jury, it was illegal for HRS agents to conduct an inspection of his residence.
DEDI, with its records, research, chemicals and computer equipment seized, its mail being investigated, its bank accounts confiscated and an injunction placed against its business activities by HRS, was also being forced to fight an ultimately frivolous civil action initiated by Somerset. Curiously, the FDA, the agency that apparently instigated this total war attack on a small Florida company, filed nothing against DEDI. "They did their job well," commented Kimball, "they conned everybody else into doing their dirty work."
Kimball did mention that the FDA visited all of DEDI's accounts and threatened them with prosecution and legal fees if they planned to continue doing business with DEDI. Somerset attorneys also sent threatening communications to DEDI accounts and customers with the request that recipients "complete the enclosed information sheet [to be filled out voluntarily in lieu of a 'subpoena, court order or court-ordered depositions'] ," to "save both you and Somerset Pharmaceuticals a great deal of time and expense."
DEDI customer Annetta Freeman, who attributes her nearly complete recovery from Parkinson's to LDC, received such a letter dated February 17, 1995, from Somerset Attorney Arthur J. Mahoney from Gunster, Yoakley, Valdes-Fauli & Stewart of Stuart, Florida, warning her to immediately discontinue using LDC. The letter stated that Somerset is the only company that is licensed to sell "all deprenyl products sold for human consumption," and that, "Somerset has authorized our law firm to undertake whatever actions are necessary to prevent the illegal distribution of deprenyl products in the United States."
The attack waged against DEDI should be familiar to tens of thousands of Americans who have, through no fault of their own, been driven out of business by legions of bureaucrats and attorneys from endless government agencies and powerful corporations. The government and Somerset obviously conspired to use their combined resources to drive DEDI out of business and failed. All suits, investigations and injunctions, both civil and criminal, were dropped and the FDA didn't even send DEDI a letter of complaint.
The damage, however, had been done as Kimball maintains that DEDI's credibility had been destroyed and many of its vendors and customers were afraid to resume business relations with the embattled company. In June, 1997, a federal court ordered the return of all items seized in the 1993 raids. According to Kimball, computers that had been under warranty when seized, were returned damaged with expired warranties. "We were advised that government agencies are immune from having to pay damages. Too bad. You and I would have to pay if we damaged other peoples' goods," said Kimball. In apparent violation of the court order, not all items have been returned as of this writing.
Kimball filed suit against the state and federal agents. "Again, all agents are immune from damages they cause, even individually," Kimball noted for the grand jury.
DEDI LDC not under FDA jurisdiction As far as Kimball or the FDA has been able to determine, selegiline has never been considered as a drug either legally or scientifically as rendered into law or as determined by peer reviewed literature.
According to the Dietary Supplement Act of 1994, any product not deemed to be a drug prior to 1994 but identified as a supplement prior to 1994 will remain a supplement even if the product is deemed a drug after 1994. The act, according to Kimball, also allows the medical benefits of vitamins, herbs and botanicals to be stated on product labels.
Regardless of whether or not the FDA has jurisdiction over DEDI, Kimball and the development, production and sale of LDC, Kimball has submitted hundreds of pages of documents in 87 exhibits to the grand jury which illustrate an almost decade-long FDA effort to discredit, destroy and bankrupt DEDI corporately and Kimball personally. One of the exhibits was nearly 3,000 pages of clinical trials reports for deprenyl.
Kimball explained that scientists have recognized the value of selegiline for the last 30 years and had attempted unsuccessfully to make the substance stable enough to be marketable. By 1991 DEDI had stabilized pure selegiline with a citrate gel, named the product Liquid Deprenyl Citrate and sent it out for test trials at the University of Toronto.
"Our theory was that pure selegiline, which is a different chemical entity than selegiline hydrochloride, would be more effective [in the treatment of terminal disease] as hydrochloric acid changes the chemical structure of selegiline," explained Kimball.
Available evidence shows that the FDA has been "investigating" Kimball and DEDI since 1990 due to his attempts to develop LDC for the marketplace. "The test results came back much better than any selegiline hydrochloride they had ever tested. LDC effectiveness was far superior and adverse side effects were negligible to none," Kimball explained to the grand jury.
According to Kimball, the federal government has implied that DEDI would be breaking the law if any of its officers should even recommend to a friend how to get LDC-even if no money exchanges hands.
"That means we have all lost our freedom of speech, Kimball explained to the grand jurors. "If you recommend a product to friends you are now [according to the government] selling it and should somewhere, sometime it be deemed that the product you recommended to your friend be illegal, you are now [according to the government] guilty of a crime," he added.
When asked by the grand jury if Kimball or DEDI had ever been sued over LDC, Kimball stated, under oath, that to this day not one consumer has ever filed a complaint from anywhere in the U.S. about the quality or performance of LDC or any other product that DEDI has ever developed or sold. To the contrary, customer comments expound upon the quality of life extending and enhancing virtues of LDC.
Of the five leading causes of preventable death as reported by Public Citizen magazine (May/June, 1994) medical malpractice was the third most frequent killer at 80,000 deaths per year, or one every seven minutes. According to a 1985 report from the University of Southern California, published in The Journal of Clinical and Hospital Pharmacy, the FDA had approved "A list of 37 anticancer drugs with reported carcinocenicity or co-carcinogenicity..."
The December 18, 1996 edition of American Medical News reported that [FDA approved] drugs kill as many as 198,815 people each year, put 8.8 million people into the hospital and account for up to 28 percent of all hospital admissions. The same article estimated pharmaceutical companies revenues at $182 billion annually.
In his opening statement to the grand jury Kimball commented that statistics have been released which rate FDA approved drugs as the sixth largest killer of American citizens.
The FDA is the federal agency that has been charged with dictating what products or procedures you will be permitted to use to save your life or improve the quality of your life. The FDA has been given the authority to oversee the implementation of policies that will punish you for using products and procedures that it has forbidden-even if they save your life or improve your quality of life.
"The FDA not only restricts your right to products and procedures that can save your life, they restrict the information that exists while wiping out any private research company such as ours so they can, as they already do, maintain control of 99 percent of the medical research and the medicinal products that are currently being developed," said Kimball.
Kimball, who has also been in contention with the FDA over the approval of other very effective and naturally-derived remedies, including mild silver protein and trans resveratrol, believes that the "trickle down effect" of FDA policy "has directly and unnecessarily caused the deaths of tens of thousands of people in this country."
by Don Harkins
TAMPA-A Florida federal grand jury heard testimony and received in evidence hundreds of pages of documents May 13, 1999, which indicate that the Food and Drug Administration (FDA) and the U.S. Department of Justice (DOJ) and the Florida Department of Health and Rehabilitation Services (HRS) permitted Somerset Pharmaceuticals to manufacture and sell to the public its contaminated selegiline hydrochloride product Eldepryl.
"We tested the FDA-approved Eldepryl in 1990 and found that it was contaminated with, among other things, methamphetamine. We also isolated a suspected unidentified neurotoxin contaminant (Compound X)," said Discovery Experimental and Development, Inc. (DEDI), President James Kimball, 59.
Federal law requires that any product containing a controlled substance be registered with the Drug Enforcement Agency (DEA). According to Kimball's grand jury testimony and exhibits #10 and #20, it is clear that "the FDA, HRS and Somerset knew that Somerset's product selegiline hydrochloride (Eldepryl) was contaminated with methamphetamine."
The U.S Pharmacological Conference, the entity that the FDA relies upon to test products for approval, learned in 1990 that Eldepryl was contaminated with a controlled substance, claims Kimball who contacted all of the parties involved and feels that news of contaminated Eldepryl fell on deaf ears.
Annetta Freeman of Los Angeles was diagnosed with Parkinson's in 1990 and was prescribed Eldepryl by her doctor. "I was taking 5 mg. [of Eldepryl] per day for awhile and when my dosage was increased to 10 mg., I began to feel as if I were being stabbed in the stomach with a knife," Freeman said. After about a year of taking Eldepryl, Freeman, now 62, "could barely even get out of bed."
Almost immediately after discontinuing the use of Eldepryl, the stomach pains stopped. Freeman began treating her Parkinson's with another selegiline product, Liquid Deprenyl Citrate, and her Parkinson's symptomology has "almost totally disappeared," she said. News of Freeman's miraculous recovery has traveled around the world and she gets "thousands of phone calls" from people "all over" and has become a popular speaker among Parkinson's groups throughout the LA area.
Since becoming an advocate for Parkinson's victims, Freeman has accumulated the stories of hundreds of people who have been damaged by Eldepryl. "Several people have contacted me and said that somebody they know with Parkinson's seemed to be fine one week and dropped dead for no apparent reason the following week. The only common denominator between them all was [the use of] Eldepryl," Freeman explained.
The grand jury was also provided with the results of the five-year Lee study, published in the December 16, 1995 edition of the British Medical Journal, which "revealed a death rate of almost 2 to 1 with Parkinson's patients using FDA approved protocol selegeline hydrochloride with levadopa (Eldepryl) vs. Parkinson's patients using levadopa [manufactured by DuPont and marketed under trade name Sinamet] alone without selegeline hydrochloride."
"Eldepryl was misbranded by law, unlawfully unregistered with the DEA, making the product illegally imported, distributed and sold to the public. The FDA and its agents, the HRS and its agents and Somerset and its employees all conspired in 1990 to conceal these violations of federal law from public knowledge.
They did this with the full knowledge that the contaminants within Eldepryl could, and more than likely would, injure the unsuspecting public already afflicted with a debilitating and deadly disease [such as] Parkinson's," Kimball wrote in his four-page summary of evidence that was submitted to the grand jury.
Selegiline, a natural, nutritive product derived from the ephedra plant, stimulates the system to produce dopamine. Younger people produce dopamine in quantities that provide for good health, mental alertness and youthful exuberance. "Selegiline made properly enhances the quality of life in older people by working with the body rather than circumventing it to produce youthful and regenerative amounts of dopamine," said Kimball.
Kimball firmly believes that the contaminated Eldepryl manufactured by Somerset and sold to the public, particularly between 1989 and 1994, may have been responsible for the deaths of thousands of people.
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