Dietary Supplement Producer Jailed For Obeying Law To: IAHF LIST Subject: PRESS RELEASE: DIETARY SUPPLEMENT PRODUCER JAILED FOR OBEYING LAW From: John Hammell [email protected] Date: Fri, 15 Oct 1999 12:46:59 -0400 IAHF LIST: What the FDA has done to James Kimball and his company, Discovery Experimental and Development Inc. (DEDI) is clearly criminal. I have known Mr.Kimball for years, and can attest to his staunch opposition to the FDA, and to the fact that he has done far more than most people in his efforts to defend health freedom in America, and he definitly deserves our support. Mr.Kimball was falsely imprisoned, and the FDA has clearly been doing all in their power to destroy his business. The level of corruption in our Courts documented in the press release below has been staggering. Please contribute to the DEDI legal defense fund, and please forward this press release to more people and post on your website.
PRESS RELEASE - TAMPA, FL LIQUID DEPRENYL CITRATE AND WHETHER IT IS SUSTAINING THOUSANDS OF LIVES IS AT THE HEART OF THE REAL ISSUE FEDERAL MAGISTRATE JUDGE MCCOUN ENJOINS BUSINESS AND ITS PRESIDENT FROM CONDUCTING LEGAL BUSINESS THAT WAS SAVING LIVES ATTORNEY NANCY LORD-JOHNSON IS REPRESENTING KIMBALL; A VERY HIGH PROFILE DOCTOR, ATTORNEY AND PAST VICE-PRESIDENTIAL CANDIDATE. KIMBALL HAD ON HAND, THE LAW, WITNESSES AND EXPERTS FROM ACROSS THE UNITED STATES THAT WOULD TESTIFY ON OCTOBER 5, 1999 THAT WHAT KIMBALL WAS DOING WAS 100% LEGAL. On September 17, 1999, James T. Kimball, President of Discovery Experimental and Development, Inc. (DEDI) was arrested without bail for 10 days. Kimball stated he was put in a federal jail for obeying the law and following the advice of his attorney who attested to that fact. Kimball had been selling a chemical to compounding pharmacies for well over a year. The pharmacies were compounding products under doctors prescriptions. This practice is done every day for thousands of concerns and is perfectly legal, backed up by law all the way to the Supreme Court. After Kimball's release, a motion by DEDI was heard by the District Court on October 5, 1999 as DEDI was essentially enjoined by the Court from selling selegiline (the active ingredient in Liquid Deprenyl Citrate (LDC)) to compounding pharmacies because of the Government's arrest of DEDI's President, Mr. Kimball. Backed up by case law, doctors and patients claiming their lives had been saved by LDC, Attorney Johnson was prepared to prove once and for all what Kimball did was not only legal, it was the norm in the industry for the past 100 years. Notwithstanding, a multitude of lives saved by LDC without adverse side effects. The Court refused to hear the witnesses and sidestepped the entire issue by stating the Court only declared that Kimball could not manufacture or sell selegiline. The Court did not find that DEDI could not, nor does the Court have the power to enjoin DEDI from selling it. The Judge went on, of course the prosecutor could come after DEDI for selling it as the act was what arrested Kimball. The Court adjourned with DEDI, Ms. Johnson and all witnesses perplexed as to what the Court had just done. The Court, in essence, had done nothing except continue the Court's past order barring Kimball from his legal business, forcing him to resign as President of DEDI, and seek other employment. DEDI was still enjoined by the threat of additional Government arrests as the Court whitewashed the issue of legality which desperately needed to be addressed. In essence, the justice system condemned the medically compromised public to a degenerative quality of life and in some instances death by its do nothing attitude. DIETARY SUPPLEMENT PRODUCER PUT IN JAIL FOR OBEYING THE LAW Kimball had started DEDI in 1990 as a pharmaceutical research and manufacturing company along with starting an affiliated dietary supplement research and manufacturing company. DEDI, assisted by scientists and doctors worldwide from universities and research centers, set out to research and develop products for terminal diseases and life extension. While President of DEDI Kimball pursued his number one goal, political reform by going after the FDA for removing constitutional rights and the judicial system for upholding the removal of those rights by the FDA. In 1991, DEDI developed LDC while revealing the FDA approved version of the product, Eldepryl, was highly contaminated, exceedingly dangerous to include causing death while illegally on the market in the U.S. as it contained controlled substances among its contaminants. In 1992 DEDI developed the product, Mild Silver Protein, which revealed the product killed or inhibited every virus, bacteria and fungi tested against it revealing no adverse side effects. Also in 1992, DEDI developed a product called clodronate which revealed, in most cases, clodronate would stop advanced treatable breast cancer from spreading to the bone and killing thousands of U.S. citizens yearly. DEDI had an Investigational New Drug (IND) application and orphan rights for clodronate from the FDA. While DEDI was developing products Kimball was instituting political change and reform within the FDA while revealing the fraud and corruption within the pharmaceutical industry. On May 12, 1995, the FDA instigated a raid on DEDI, Kimball's home, and affiliated companies with the participation of every federal and state agency, confiscating everything in sight including all money in the companies accounts by the IRS. The FDA, via this search and seizure, stopped the clodronate IND in its tracks which directly caused the loss of life of tens of thousands of U.S. citizens over the next 6 years. The FDA never filed any charges while pharmaceutical companies, namely Somerset Pharmaceuticals, Inc. a competitor owned by Mylan and Bolar, now Circa Pharmaceuticals making Eldepryl, filed a civil action. The FDA and the Prosecuting Attorney's Office gave all the grand jury documents seized in the raids, including all of DEDI's trade secrets, to Somerset. The IRS returned the seized companies money as they were the only ones that saw through the masquerade. The FDA instigated 3 more raids of Kimball's companies in the following years while the U.S. Government held continuing Grand Jury Investigations giving all the information gained from those investigations to Somerset and the State of Florida for their civil actions. DEDI did not stop its research and development of products, nor did Kimball stop his political reform and was very involved in the implementation of the Dietary Supplement Act of 1994 and the subsequent removal of Kessler, past Commissioner of the FDA. Everything started coming to a head in 1997 when Kimball, who had been investigating and collecting evidence against federal government employees for giving away DEDI's trade secrets, obstruction of justice, prosecutorial misconduct, obstruction of constitutional rights, got fed up and demanded to appear before two Grand Jury's between 1997 and 1999. Kimball convinced both Grand Jury's to investigate his accusers including a Federal Judge, Charles Wilson, who was now the current U.S. Prosecutor in Tampa and the current Assistant Prosecuting Attorney in Tampa overseeing the current Grand Jury Kimball testified before in April of 1999. The later Grand Jury asked Kimball to come back and give them some evidence and Kimball returned with 86 exhibits and testimony which should have indicted many government officials. After appearing before the last Grand Jury Kimball learned that the former Judge Wilson, now prosecuting attorney, was appointed to the 11th Circuit Appellate Court as Appellate Judge so Kimball wrote a letter to every U.S. Senator urging them not to confirm Judge Wilson. Directly after that Kimball sent out letters to concerned citizens and concerns asking them to participate in a class action suit against the FDA and other government employees to include judges which look the other way, for civil acts against humanity, and the removal of people's constitutional rights pertaining to medicine. Kimball's letter soliciting participation in his class action suit, listed the following immunities given to judges, prosecuting attorneys, and most federal and state agencies and the police. 1.. Prosecutor may violate civil rights in initiating prosecution and presenting case - United States Supreme Court in Imbler v. Pachtman, 424 U.S. 409 (1976) 2.. Immunity extends to all activities closely associated with litigation or potential litigation - Second Circuit Federal Court of Appeal in Davis v. Grusemeyer, 996 F.2d 617 (1993) 3.. Prosecutor may knowingly use false testimony and suppress evidence - United States Supreme Court in Imbler v. Pachtman, 424 U.S. 409 (1976) 4.. Prosecutor may file charges without any investigation - Eighth Circuit Federal Court of Appeal in Myers v. Morris, 810 F.2d 1337 (1986) 5.. Prosecutor may file charges outside of his jurisdiction - Eighth Circuit Federal Court of Appeal in Myers v. Morris, 810 F.2d 1337 (1986) 6.. Prosecutor may knowingly offer perjured testimony - Ninth Circuit Federal Court of Appeal in Jones v. Shankland, 800 F.2d 1310 (1987) 7.. Prosecutor can suppress exculpatory evidence - Fifth Circuit Federal Court of Appeal in Henzel v. Gertstein, 608 F.2d 654 (1979) 8.. Prosecutors are immune from lawsuit for conspiring with judges to determine outcome of judicial proceedings - Ninth Circuit Federal Court of Appeal in Ashelman v. Pope, 793 F.2d 1072 (1986) 9.. Prosecutor may knowingly file charges against innocent persons for a crime that never occurred - Tenth Circuit Federal Court of Appeal in Norton v. Liddell, 620 F.2d 1375 (1980) Within two weeks Kimball was indicted and subsequently put in federal jail for 10 days without bail on frivilous charges. A total set up by government officials. Government officials, or Somerset Pharmaceuticals or both, enlisted the services of DEDI and Kimball's legal advisor and legal compliance officer for 9 years, Louis T. Smith of Wesley Chapel, Florida, to be a confidential informant for the government. With Mr. Smith advising Kimball and DEDI as to legalities set up Kimball for an indictment and subsequent arrest. At the same time of Kimball's indictment and arrest the FDA, in a preplanned move, removed all of DEDI's registered Mild Silver Protein products from over the counter (OTC) now making all sales of DEDI's OTC products illegal in an attempt to destroy DEDI and its OTC distributors. Federal Magistrate Judge McCoun was either bamboozled by the government or had little concern on October 5, 1999 when he refused to hear the legality of Kimball's acts, which has kept Kimball banned from his legal business; while DEDI in essence was enjoined by Judge McCoun from conducting its legal business of selling life sustaining and quality of life products to the public. DEDI and doctors have been getting calls from user of DEDI's products that were either sustaining their lives or had improved their quality of life, literally crying on the telephone because they can no longer acquire their needed products. This issue is the concern of all people when government officials, at their whim, can restrict life and liberties from their people. In the nine years DEDI and Kimball have been in business, no complaints were ever filed to any regulatory agency by any DEDI product user, no product liability suits were ever filed, no harm was ever done, only the opposite, and all DEDI's products listed no side effects including all Mild Silver Protein products listed OTC with the FDA. The only product DEDI developed that listed negligible side effects on occasion was LDC. We are in hopes that everyone that can afford to send in any money will donate to the James T. Kimball legal fund as the outcome of his plight may effect everyone in the years to come. This is not a fight just for LDC, it is a fight for medical freedom and Kimball's resources have been deliberately drained by legal attacks upon him for 9 years. DEDI has set up a special account for Kimball's Legal Fund as the government only indicted Kimball, not DEDI, even though DEDI was enjoined by the Court via Kimball's illegal arrest. Please send whatever you can for Kimball's defense to DEDI, 29949 State Road 54 West, Wesley Chapel, Florida 33543 and note on the check Kimball's Defense Fund. ************************************************************** IAHF:(International Advocates for Health Freedom) PO Box 625 Floyd, Virginia,24091, USA 800-333-2553, overseas: 540-745-6534, 540-745-6535 fax, http://www.iahf.com email: [email protected] Help Get a Codex Oversight Hearing: Call Beth Clay at 202-225-5074 House Government Reform and Oversight Committee- See Codex Oversight Section of IAHF website for more info. If You Belong to NNFA- Ask Them Why They Oppose Having a Codex Oversight Hearing, and Ask Why They Don't Enforce Article 14.3 in their Bylaws: (Conflict of Interest) Ask why they don't kick Warner Lambert and the rest of the drug cartel OUT of NNFA! Ask Why they endorse the NAS paper "A Risk Assessment Model For Establishing Upper Levels for Nutrients" when it is being used illegally by the FDA to break past the consumer generated impasse at Codex. [See Codex Oversight Section http://www.iahf.com] **************************************************************
