-Caveat Lector-
Below is some information about Liquid Deprenyl
Citrate . The FDA could not induce one person to
testify against Kimball's product and many thousands
say that it has helped their Parkinson’s considerably.
Jay Kimball’s (the patent holder) wife has far more
information. Her e-mail is [EMAIL PROTECTED], her number
is 813-973-2725. Thank you. Gavin Phillips.
Please visit my nonprofit website.
Exposing the Cancer Indu$try
http://www.geocities.com/freee80/
Also see,
http://www.proliberty.com/observer/
(208) 255-2307
PLEASE PASS IT ON.Thanks. Gavin Phillips.
http://www.proliberty.com/observer/20000914.htm
The FDA has admitted that there has never been, after
thousands of applications, even one reported incident
of LDC harming people. The FDA has admitted that there
has never been one reported consumer complaint about
LDC. Thousands of LDC users who have had quality of
life restored to them have been denied access to the
natural and comparatively inexpensive nutritive plant
product that controlled their Parkinson's symptoms.
Court Challenges Treatment
The Arizona Challenge
Drugs, Government and Our Rights
Court Challenges Treatment
A Federal court has ruled that the creator of a
relatively inexpensive,
non-toxic treatment for neurological disorders
violated the law by making
his therapy available to those who desperately need
it.
Exclusive to The SPOTLIGHT
By Don Harkins
Jay Kimball of Tamp Bay, Fla.-based Discovery
Experimental & Development,
Inc., was found guilty of misbranding and fraud in
Florida Federal Court May
24.
Kimball has been the target of Food and Drug
Administration (FDA)-led
persecution since he and his small Florida
pharmaceutical company perfected
Li quid Deprenyl Citrate (LDC) in 1990.
A jury, weighted down by the judge's instructions and
apparently impressed
by the Department of Justice's (DOJ) determination to
gain Kimball's
conviction even in the absence of evidence and intent,
determined that he
misbranded LDC because the label claims that it can be
used to benefit
Parkinson's disease victims.
The jury also found Kimball guilty of defrauding the
federal government amid
DOJ claims that Kimball employed fraudulent methods to
continue marketing
LDC even though he must have known that doing so would
make the FDA very
unhappy.
LDC is a nutritive plant product that is derived from
the ephedra plant.
After thousands of applications over 10 years, LDC has
never been reported
to cause an adverse reaction and only helps the people
who use it.
"The product was not mislabeled as we can prove that
it does exactly what we
said on the label and we didn't defraud anybody, they
[the FDA] knew where
we were, we kept normal business hours, we had nothing
to hide," commented
Kim ball.
Mislabeling alone, according to Kim ball, would have
been a misdemeanor. The
federal government had to charge Kimball with fraud in
order to justify its
litigation and its desire to throw the innovative
developer in prison.
Kimball, who handled his own defense in this
proceeding, will file a
"directed verdict" in an attempt to overturn the
jury's decision for lack of
evidence. Kimball is not optimistic that federal Judge
Richard Lazzara will
overturn the jury's verdict. In the event that the
conviction stands,
Kimball is scheduled to be sentenced this August. He
faces a minimum of
three years in a federal penitentiary.
Kimball is expected to appeal.
"They [U.S. Attorneys Michael Ruben stein and Jennifer
Jones, both of whom
have made a career out of persecuting Kimball] did not
prove intent to
violate the law and all evidence proved beyond doubt
that LDC, by the FDA's
own definition, is not a prescription drug within its
jurisdiction as it is
non-toxic and is not dangerous to use," Kimball
explained.
The FDA claims that LDC is just like the FDA-approved
drug Eldepryl, which
is selegeline hydrochloride and has a much different
atomic weight. Kimball
tried to illustrate the difference between LDC and
Eldepryl with the example
that fresh water and salt water are both water, but
that salt water taken
internally can be deadly.
FDA-approved Eldepryl, selegeline stabilized with
hydrochloride, has been
found to be contaminated with methamphetamine and a
publicly unidentified
neurotoxin. Its adverse reactions, as published in the
Physician's Desk
Reference, include nausea, hallucinations, confusion,
depression, loss of
balance, insomnia, hypertension and angina. Former
Eldepryl user Annetta
Freeman believes that the list of Eldepryl's adverse
effects include death.
LDC, which is selegeline stabilized with a natural
citra gel, has never
produced one reported adverse reaction in thousands of
applications.
According to FDA Office of Criminal In vestigations
spokesman Don Liggett,
the FDA's 10-year, multi-million-dollar per secution
of Jay Kimball is
purely administrative. Liggett admits that the FDA has
never received one
complaint over LDC, nor is the FDA aware of LDC ever
causing an adverse
reaction.
The FDA can determine whether or not it has the
authority to regulate a
product based upon the intent of the user, not the
product itself. In other
words, if you drink carrot juice because it tastes
good, it is not a drug.
But, if you drink carrot juice because you believe it
cures cancer, carrot
juice, according to the logic of the FDA, is a drug to
be placed under its
regulatory authority.
FDA WINS- HUMANITY LOSES
EVIL THRIVES WHEN
GOOD PEOPLE DO NOTHING
July 25, 2000
Dear Concerned Citizen:
Hundreds of inquiries have come in since my trial
wanting updates on the results. I apologize for not
Responding to your inquiries sooner. Assessing the
trial with many people and attorneys took much of my
time. As many of you already know, the indictment and
what has transpired over a ten year period to myself
and DEDI had nothing at all to do with any Deprenyl
sold or any product sold by DEDI or myself.
I was indicted by the FDA, i.e. the Government, for
misbranding and fraud against the Government and the
State. These are criminal offenses, however, these
laws can be deliberately misconstrued as the terms
misbranding and fraud are overly broad in themselves,
unless the act encompassing these words are clearly
defined. They were not clearly defined in the
indictment. Misbranding is a federal misdemeanor
crime, however, combined with fraud it creates a
felony.
In trial testimony, the FDA clearly stated that there
was no injury to the public, nor did the FDA ever
receive any complaint in ten years from the people
using Liquid Deprenyl Citrate (LDC). No harm to the
public in any way shape or manner was shown by the
FDA, i.e. the Government. The Government also admitted
that the drug Eldepryl was not the same chemical
entity as LDC as experts in testimony confirmed the
products were not the same at all. The FDA stated in
their opinion (or in their mind) the products would
act the same when ingested and inferred LDC could
cause some serious side effects as Eldepryl does. The
FDA admitted it did not conduct any testing, it was
only their thoughts. Testimony by experts, doctors
overseeing patients, and LDC users for ten years
clearly revealed the products did not act the same and
there was no danger with LDC at all. Only negligible
to no side effects and huge benefits to people over a
ten year period, including lives being saved.
Testimony from experts also revealed that every
ingredient within LDC was, by law, a dietary
supplement.
One question is, can there be a crime if the public is
not injured, the public has no complaint,and is not
defrauded in any way, while the potentiality for
public harm is proven to be a figment of some FDA
employees imagination, which, of course, is biased in
the first place.
The FDA, i.e. Government, is not a person, it is an
entity, and as an entity, its acts on behalf of the
public. It may bring criminal action on behalf of the
people for injury or potential injury brought forth in
some fashion by the people. In this case, the
Government brought this criminal action not on behalf
of the people, but on behalf of itself, the
Government.
The Government is an entity which represents the
people, it cannot represent itself. An entity is other
than human, such as a wall, rug, marble, or anything
your imagination can think of.
In the case involving myself and LDC, the Government
cannot represent itself, but it did. It did not
represent the people as there were no complaints from
the people, no injury expressed by the people, nor any
potentiality for harm projected by the people in any
fashion.
Because the FDA, i.e. the Government, is not a person,
or being, but rather an entity, the second question
is: Should a rug be able to bring a criminal action
against a person when no person has complained, or has
been injured or even asserted the possibility of
injury or harm?
In the case of fraud, again there must be injury to a
person, or at least, fraud against the public.
Webster's Dictionary, under legal, defines fraud as
"Intentional deception to cause a person to give up
property or some lawful right". Black's Legal
Dictionary gives an equal description. The Government
never made any such allegation, nor did any exist as
court testimony revealed. Therefore, the third
question is: Should the government, i.e. a rug, itself
be considered as the victim of fraud when no injury
has occurred?
It would appear to me the FDA is the one guilty of
fraud here. One, by depriving the people of their
lawful right to acquire LDC; second, because they
didn't adhere to their Congressional mandate thus
directly causing harm to the public by restricting
this life saving and quality of life producing product
from them, acting the opposite of their Congressional
mandate, which is to protect the health and welfare of
its citizens, and lastly by bringing this criminal
action against me. But of course, the FDA wasn't on
trial, I was, and common sense doesn't apply here, nor
does the opinion of a concerned citizen attempting to
help the health and welfare of others, i.e. do the
FDA's job that they refuse to do. So far we have one
reported death and two hospitalizations directly
attributed to LDC not being available. Doctors have
reported and testified as to the decline of their
patients without LDC.
Court testimony revealed, and the FDA admitted, that
directly after LDC was developed, I filed a submission
with the FDA in early 1991 for the FDA to accept LDC
as a dietary supplement/nutrient and determine LDC not
to be a drug. I submitted the exact same truthful
medical claims as brought forth in court, i.e.
effective in alzheimers, Parkinsons disease, etc. The
FDA refused to even accept the submission, review it,
or entertain it and returned it to DEDI.
In 1938 Congress enacted the FDA and gave them the
regulatory power and the primary jurisdiction over
foods, drugs, nutrients, supplements, etc. The
question here is, who gave the FDA the power to
delegate its authority to the courts, juries, i.e. the
people? Congress didn't, our legal research revealed
nobody gave them that power. If there is some document
in this world that allows the FDA to delegate their
authority after going to them in the first place, we
would like to see it. Another question here is, if the
FDA refuses to perform its own duties in determining
what classification a product is, how does this entity
have standing to file a criminal action against the
person that requested their review and decision in the
first place? It certainly appears the FDA has
decided to disregard the mandate of Congress to make
determinations regarding food and drug products and
given that duty to the people, i.e. juries. By doing
so, the FDA is admitting it is no longer needed in
that regard. Although the FDA has the expertise to
determine products as drugs or prescription drugs, it
has relinquished that determination to juries like the
one who found me guilty. All of whom had absolutely no
expertise in chemistry, drugs, supplements, or
prescription drugs or the multitude of law that
encompasses each. I personally believe the jury did
not have the slightest idea of what was going on in
the courtroom in this case.
Lastly, the law states that any word that you may
write or orally say about any product that suggests
any product can be useful for any medicinal purpose
such as water can treat dehydration, or Vitamin C is
effective in preventing cancer, makes that product a
drug. Without injury or harm or the threat thereof,
words i.e. speech, constitutes a federal crime and
prison. Freedom of truthful speech or commercial
speech as the Courts have labeled the First Amendment
in some cases is now abolished. Words alone constitute
a crime by law. That was the exact crime I was charged
with and convicted of, truthful words facing 25 years
in prison along with defrauding an entity in an effort
to save lives and improve the publics quality of life,
which was accomplished. Not only is that law overly
broad in any sane person's mind, it is ludicrous, and
under that law most everyone belongs in federal prison
for a victimless crime to help people. We have all
violated it and are continually violating it daily,
without harm, only benefits in most cases.
I'll guarantee you the FDA shoved that sick law
through somehow to gain more abusive power to use
against the people of this country.
By law, if I didn't make the truthful medical claims
about the product LDC, LDC would not have been deemed
a drug, would not have been misbranded and no crime
would have occurred. Only words, truthful medical
claims, i.e. free speech, caused me to commit a crime.
A very sad day for our forefathers that fought and
died for the right of freedom of speech.
My thoughts are, it would have been a crime not to
tell the people of this country the truthful medical
claims about LDC. To withhold the truth about LDC
would have been immoral, a fraud and deception against
the people of this country, notwithstanding the lives
the product sustained and the quality of life improved
by LDC. This was offered in testimony and by exhibits
presented in court at trial.
Also presented to the Court was the fact that I did
not receive any salary, bonuses, or dividends from any
company I was involved with for the last ten years,
nor did my wife. These
companies which developed these type products were for
the benefit of mankind, not for personal financial
benefit. In fact, I personally invested all my money
into the companies in an attempt to help others while
the companies over the ten year period was to spend
their earnings on research. However, for the most
part, the income of the companies went to legal
battles directly caused by the FDA and private
pharmaceutical companies. Because of the legal
battles, research was curtailed for the most part and
all the companies lost money over the ten year period.
The Government's plan was perfect. Spend millions of
taxpayers dollars pursuing DEDI and myself for ten
years, run us out of business and money. Then drum up
some kind of charges and we won't have the money to
defend against whatever they dream up. They were
right, we couldn't afford attorneys, nor pay for the
majority of witnesses needed to appear for my defense.
A no win situation for me and a win, win situation for
the Government. With the millions of dollars spent, if
these Government people didn't win in Court, we were
put out of business anyway.
The rights of DEDI's research and products have been
assigned for credit. DEDI and all the affiliated
companies should be dissolved around August 1, 2000.
Because so many of you have expressed serious interest
in this case, offered help and in some cases given
financial assistance, we will be posting the entire
case on the Internet under Liquid-Deprenyl.com. All
pretrial motions with exhibits, the entire trial
transcript with most exhibits and all hearings,
including the sentencing hearing will be scanned into
the computer for your review. A quick reference menu
is being installed for quick access to points that are
pertinent in the case. Referenced law cites will be
there for your review.
By August 5, 2000 this letter along with an affidavit
by myself, completed in 1994 which depicts a basic
chain of events of DEDI and myself up until that
point, will be posted on the Internet under
deprenyl.com. This posting will remain until October
1, 2000. At that point the entire case, start to
finish, will be posted in that web site.
Also, as of October 1, 2000, the web site will exhibit
the documents that substantiate the book which is
completed, all but the last chapter awaiting my
sentencing outcome. The book spells out, step by step,
for ten years what the FDA did, how they did it, with
whom they worked with, each ones role, but more
importantly, it will reveal exactly how the FDA killed
tens of thousands of people with the restriction of
only one product from the public. The web site will
reveal the documentation that the FDA knew about this
cancer product in 1993, knew about the trials, how
many lives it would save, the minor side effects,
however, blatantly blocked its use to include the
knowledge of its existence from the general public
from 1993 to date. You will be able to see the trial
results completed in 1998 despite the FDA's blockage
of the product. Many other products will be noted in
the book with documentation posted on the web site
that the FDA blocked deliberately, stopped their sale
and information on the products.
I am in hopes this book and the substantiated proof
posted on the web site after October 1, 2000 will open
your eyes as to what the FDA has been doing in the
name of protecting the health and welfare of the
public in our country.
Many of you have asked how you can help. The very best
way you can help me is to visit the web site
liquid-deprenyl.com and read it after October 1, 2000.
Pass the information along to others and ask them to
do the same. That alone will have made all this worth
the effort to include my incarceration in prison.
I've had a great life for my first fifty years. With
the atrocities committed by certain people within the
Government and private enterprise over the last ten
years to myself, my family and the public, I may as
well have been in prison. However, we made a
difference, in a minute way, some people are still
walking around, many had their quality of life
dramatically improved, and we opened the eyes of
thousands. We started the ball rolling, it's up to you
now to speed it up, or let it stop.
Life is a commodity too many take for granted until
they are stricken with a deadly affliction. Some
suffer needlessly for a good deal of their lives,
while others die prematurely, some needlessly. The
facts are, everyone sooner or later will be stricken
with a deadly affliction. Whether you suffer an
extended period of time, prevent or survive some of
the afflictions, may well depend upon
whether or not you keep the ball rolling.
DEDI found in its short life span of ten years that
most "so called" terminal afflictions which cost
people their lives are treatable today, and were
yesterday, while the preventions to many serious and
terminal afflictions are also here today and have been
for some time. Most of you won't even know about them
thanks to the FDA and the people that back their power
to restrict not only the
products themselves, but the information about the
existence of such products.
The life you save may be your own in this endeavor.
Life and liberty needs to be reinstated as does
freedom of speech. The FDA has removed those rights
for decades.
Please remember "evil thrives when good people do
nothing".
For those of you that asked for my sentencing date, it
is September 15, 2000 before Federal Judge Richard
Lazzara in Tampa, Florida.
I wish you all the very best of health.
Sincerely,
James T. Kimball
__________________________________________________
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