Free James Kimball
Condensed Declaration of James T. Kimball
Acknowledgements: Sincere appreciation given to Senator Charles Grassley, Senator Tom Harkin, Senator Bill Nelson, and former Congressman Berkley Bedell, with special appreciation given to their staff members for their contributing efforts to save this writer's life and their humanitarian concerns.
CONDENSED DECLARATION of JAMES T. KIMBALL
The statements contained herein are true and correct to the best of James T. Kimball's (ďKIMBALLĒ) knowledge and belief. I refer to myself in the third person to advance the readability of my statement. Under the penalty of perjury and willing to take a professionally administered polygraph exam and/or truth serum as to all statements contained herein; KIMBALL, declares as follows:
1. Around 1990 KIMBALL formed Discovery Experimental and Development, Inc. (ďDEDIĒ), a pharmaceutical research company to research and develop products to better the health of the general public. KIMBALL additionally formed ASTAK, Inc., a dietary supplement research company, plus formed a non-profit organization, Global Health Information and Medical Research Institute, Inc. (ďGHI/MRIĒ), in an effort to supply to the public truthful information regarding any medical affliction, free of charge.
2. These corporations existed from 1990 to 2000. Over the years, KIMBALL was the president of the above companies and, as such, did not receive any salary or corporate issued bonuses. The majority of people, companies and universities that assisted DEDI and GHI/MRI did so to help develop products to help the ailing, also received no payment for their services. The entities which became involved in this effort were doctors, scientists, universities and private corporations from around the world.
3. Over that ten-year span, all companies with which KIMBALL was affiliated with generated approximately three million dollars in revenue which amounts to $300,000 average per year. Three hundred thousand dollars per year might pay the salaries of two or three top scientists in the research field, yet KIMBALLís affiliated companies operating within this budget paid employee salaries, and maintained a 6,000 square foot research facility in Wesley Chapel, Florida; a 2,000 square foot facility in Tijuana, Mexico; and small offices in San Diego, California and Tampa, Florida. On site scientists at Wesley Chapel consisted of two over the years, while off site doctors and scientists assisting KIMBALL were at: Temple University; University of Southern California; University of South Florida; Florida State University; University of Toronto; the National Institute of Health; and a multitude of private research companies world-wide. The vast majority of scientists, doctors and such assisted KIMBALLís companies in an effort to develop products did so from their hearts, receiving no remuneration at all for their services.
4. The first active ingredient DEDI developed was liquid selegiline (LS) which, at its origin, is natural and extracted from a plant. Classified by scientists as a botanical, this product alone had the potential to improve everyone's quality of lifeóeveryoneís. Even though it addressed terminal diseases, LS enhanced the immune system and extended life dramatically. Over the years selegiline proved to do that and much more. Prior to 1991 no one else in the world had been able to produce LS in a pure form and stabilize it, nor to the present date, to KIMBALLís knowledge.
5. The attributes of properly made pure selegiline are well known by scientists, and very simple. Once in the blood stream, the product stimulates a tissue in the brain to produce another chemical naturally, which depletes as we age. In some people this brain tissue degenerates too quickly and people are afflicted with terminal neurological diseases such as Parkinsonís. This tissue is called the substantia nigra, which emits a chemical that retards the degeneration of brain cells and revives dying neurons, as test results have proven. Without any substantia nigra at all to emit the chemical to sustain brain cell life, the life expectancy of human beings is estimated to be under 5 years. As people age, our substantia nigra degenerates, the immune system drops, hormone levels drop, as do all other bodily functions, such as mobility and sex drive, due to the fact the brain cells are malfunctioning and dying from the increasing shortage of this chemical. The brain runs the body. If the brain is operating properly, the body normally functions properly.
6. Over a ten-year period, DEDIís selegiline product, hard as it may be to believe, proved to be effective in treating Parkinsonís disease, Alzheimerís disease, Multiple Sclerosis, nervous system disorders, pain, hormone depletion, high blood pressure, cancer and others. People using DEDIís selegiline for general health, or quality of life, who had no medical problems also reported dramatic improvements in their quality of life, including increased memory, less required sleep, increased energy levels, increased sex drive, increased mobility and cognitive functions. Older people were driving again and getting out of wheel chairs. Over the years, tests focusing on life extension in animals revealed around a 50% increase. No serious side effects were reported in ten-years of public use with DEDIís product. Of course, no good deed goes unpunished, which DEDIís and KIMBALLís experience certainly confirms.
7. KIMBALL learned early on about major problems within the pharmaceutical industry and the FDA. KIMBALL also learned from top scientists and doctors around the world that, almost without exception, every active chemical ingredient within every dietary supplement and pharmaceutical drug differs by manufacturer. Sometimes the differences are dramatic, even though the chemical name of their active ingredient is allowed to be called the same. That is why some generic drugs work better than others and some cause adverse side effects. However, some generic drugs are made better and purer with less adverse side effects than the original drugs introduced, the same with dietary supplements with allegedly the same active ingredients. The differences with dietary supplements derived from food, plants or a synthesized version is the side effects are normally negligible to none, where drugs synthesized by other means often produce serious side effects, up to death. DEDI found producing an effective active ingredient requires exacting high purity standards. Those standards are not the standards of the FDA or the pharmaceutical industry. Their standards are all driven by the profit motive.
8. FDA employees have been caught on more than one occasion receiving graft from pharmaceutical companies. Drug companies find it cheaper to produce an impure active ingredient than a pure one. Trials and test results on new drugs going through the FDA approval process are also too often altered. DEDI found working with top scientists and researchers around the world that most of the products have been discovered that will treat or cure most all terminal diseases and afflictions, including dramatic life extension. However, that information is suppressed by the pharmaceuticals industry, the FDA and even some government officials
9. The pharmaceutical industry blocks the information and development of these products because many of them are much cheaper and far more effective with less side effects than the products they now have in the marketplace. If these new, much more effective, products were allowed to get to the consumer, even one could eliminate the sale of 50 to 100 over-the-counter (ďOTCĒ) and prescription (ďRXĒ) drugs. That could easily cost the pharmaceutical companies, which are currently producing those products, hundreds of billions of dollars a year in income. It should come as no surprise then that the pharmaceutical industry effectively controls the FDA.
10. Somerset Pharmaceuticals Inc. sells a product, Eldepryl, similar to, but substantially less pure, than LS. KIMBALL naively spoke several times to Dana Barnett, Somersetís President and Vice-President of parent company Mylan Laboratories, Inc., about the issue of humanity, human rights, and everyoneís right to a healthy life. Around 1995, KIMBALL futilely met with Barnett in an attempt to persuade Somerset and its colleagues to back off from their attempts to put DEDI out of business, as described below.
11. Somerset and Watson Pharmaceuticals, with affiliates such as Sandoz Pharmaceuticals, instigated the FDA and the State of Florida Dept. of Health (ďDOHĒ) to target and destroy DEDI and Kimball over a period of 10 years, which ended up with DEDI out of business and KIMBALL sent to prison for 13 years. But, KIMBALL is not the only casualty here. Their combined actions cost the lives and the quality of life of hundreds of thousands of Americans, if not millions. The people involved in this lethal action include, but are by no means limited to: Don Leggett, Dennis Degan, Agent Randy Matteson, Agent Chastony, Dr. Katz, Attorney Jennifer Bragg-Jones, all with the FDA; Jerry Hill, Agent Gregory Jones, Agent Deborah Orr and Attorney Robert Daniti, all with the DOH; Assistant U.S. Attorney Michael Rubinstein; Sean McWeeney; ex-FBI agent; and Bradley Vaughn, Probation Officer. These names are not idly listed. As will be explained below, each of these individuals participated in the plot to kill off LS and destroy all involved with it. Others involved in the conspiracy are not mentioned in this declaration; however, their names are available.
12. Somerset Pharmaceuticals had acquired the rights and FDA approval for a product, selegiline hydrochloride, which contained an impure active ingredient. This selegiline hydrochloride product was manufactured by a company in Budapest, Hungary, then shipped to the United States for redistribution by Somerset Pharmaceuticals. Somerset named this drug Eldepryl. The FDA did not however approve Eldepryl to be a drug by itself. The FDA approved its use ďonlyĒ to be used in combination with a dangerous prescription drug with serious side effects called Levodopa, and only for use to treat ďone single diseaseĒ: Parkinsonís. KIMBALLís companies were attempting to, and ultimately did, develop a different chemical entity that was similar, but much purer than Somersetís, to be used by itself as a dietary supplement.
13. Heading up the trials for Somerset was a man named Ira Shoulson. Dr. Shoulson oversaw the trials and testing of Somersetís selegiline hydrochloride product. The testing of Somersetís selegiline hydrochloride, which was also conducted in Budapest, under the watchful eye and control of Dr. Shoulson, was manipulated so it would not reveal an unknown contaminant which the University of Toronto found. DEDIís head scientist believed he had identified the unknown contaminant as a neurotoxin. The FDA and the DOH were both advised about the contaminants in Eldepryl but failed to respond. The governmentís own records reveal the contaminants and the Somerset cover up. Still, they did nothing, letting the compromised public who were dying of incurable Parkinsonís disease further suffer and die sooner with the use of Somersetís product.
14. While KIMBALLís companies were researching the methods to properly make selegiline, prior to its development in the spring of 1991, Somerset, the FDA and DOH formed their compact. They earmarked DEDIís premises and committed numerous illegalities which led to KIMBALLís arrest in 1991. However, that case was thrown out due to their combined illegal acts.
15. In 1991, as soon as selegiline was developed, KIMBALL petitioned the FDA for an administrative determination that DEDIís selegiline product be classified as a food additive, vitamin class of product, i.e., dietary supplement, with medical claims. The FDA then violated KIMBALLís First Amendment right to petition, his Fifth Amendment right to due process, as well as the laws which govern it, returning KIMBALLís petition without administrative review.
16. Shortly after its development of selegiline, Somerset moved its headquarters from New Jersey to Tampa, Florida, 15 miles from DEDI, remaining there until KIMBALL was indicted and convicted in 2000. After Somerset moved to Tampa, it hired private detectives to work with the DOH and federal agents in surveillancing DEDI and KIMBALLís activities. The DOH and the federal agents shared information with Somerset, an illegal act in itself. The government conspirators even told Somerset not to file a civil suit against DEDI and KIMBALL until after the government and DOH conducted their planned search, seizure and confiscations of DEDI, and KIMBALLís residence, set for May 12, 1993. The remarkable records and written communications between the U.S. Government employees and the representatives of Somerset Pharmaceuticals, and their attorneys, are on the internet under Liquid-Deprenyl.com under Conspiracy.
17. KIMBALL had surmised that Mylan Laboratories, a large drug producer, affiliated with Sandoz, had told their branded pharmaceutical company, Somerset, to move to Tampa to assist, influence and corrupt any and all officials they could, to get rid of DEDI and KIMBALL. Was this paranoia? No, KIMBALL had real enemies who were out to get rid of him.
18. Prior to the raid on May 12,1993, with the help of numerous experts world-wide, DEDI had developed products exceedingly effective in treating life threatening viruses, bacterial infections and fungi infections. Additionally, DEDI had a product in process, an extract from a mushroom, which had been proven to enhance the immune system so high it had the ability to treat and cure skin cancer. KIMBALL collaborated with Japanese scientists on the project. At the same time DEDI had acquired another extract from Europe which scientists had told KIMBALL worked effectively to treat liver cancer, which is deemed deadly and untreatable in the United States. However, the DOH conspirators illegally confiscated those research products on May 12, 1993 and never returned them.
19. With the help of a renowned scientist from the National Institute of Health (ďNIHĒ), Dr. Willie Burgdorfer, and the use of the NIHís sophisticated equipment, a unique form of a mineral was developed by DEDI. When later perfected, this specifically engineered mineral was encircled by a protein which proved to be lethal against all viruses, bacteria and fungi tested against it, including full blown AIDS. Without the direct assistance of Dr. Willie Burgdorfer from the Rocky Mountain Division of the NIH, the specific engineered mineral would never have been developed to its highest potency. But, the original version of this mineral product, along with the perfected version under the NIH, has never been produced by anyone to date. Over the years with all the testing and human trials conducted, this single product, and versions of it produced by DEDI, revealed staggering results.
20. The testing, trials and human use of varying potencies of DEDIís mineral product had not only revealed its lethal powers by killing the AIDS virus, it additionally inhibited or killed the spirochetes in Lyme disease, viruses and bacteria attributed to Hepatitis C, along with staph infections. It was also effective in treating flesh-eating staph. It was reported by one doctor using the product in patients at the final stages of leukemia that it normalized the white/red blood cells. Leukemia symptoms disappeared, meaning the leukemia wasnít a cancer at all; it was caused by some unknown virus.
21. Another doctor reported that DEDIís mineral product had been effective in some of his patients afflicted with Alzheimer's disease, reflecting that at least some forms of Alzheimerís are viral or bacterial related. Tests revealed it killed the staph bacteria known as staphylococcus aureus, which are staph infections that are resistant to known antibiotics. These resistant strains of bacteria are also known as MRSA. In less potent forms, DEDIís mineral product was exceedingly effective in treating sinus infections, ear infections in children, gum infections, fungi infections under the nail in rapid order, usually in one day of administration. Taken daily, the product appeared to help prevent colds and viral infections; however, it was not immediately effective to cure the common cold.
22. It was not until much later that a scientist researching the results of the product finally determined how and why the product worked when common sense science suggested it shouldnít. He concluded that viruses and bacteria could not mutate to become resistant to it because it was a mineral. The body would have to change in order for the product not to work. Toxicity tests conducted at the University of Toronto revealed that DEDIís mineral product had no toxicity whatsoever, even at 1,000 times the normal dosage.
23. Even though the product is a mineral and most assuredly a dietary supplement, KIMBALL believed that certain potencies of the product to be used for serious infectious diseases should be listed as an over-the-counter (ďOTCĒ) drug. KIMBALL sent in some of the trials and their results to the FDA, and asked them to approve the labeling, and list certain versions of this product as an over-the-counter drug. In 1998 the FDA agreed to do so and listed one version OTC with approved labeling stating ďTo be used for general internal infections.Ē
24. At the time, there was no question that once the general public found out about DEDIís product, tried it, and saw for themselves how effective it was, it had the potential to eliminate hundreds of OTC and RX drugs from the shelves. Too good to be true! The pharmaceuticals industry immediately blackballed the distribution of KIMBALLís product by threatening pharmaceutical distributors if they distributed DEDIís product, it would be the last product they ever distributed. DEDI did not have the money to promote and distribute the mineral product all on its own or to launch a costly lawsuit to stop the practice.
25. It is presumed the pharmaceuticals industry, or part of it, then used its power and money to convince the FDA to remove DEDIís product from OTC listing as a drug. The FDA did so about one year later, by suggesting the side effects of a few similar products developed and used over 50 years earlier were the same as DEDIís new and different product which had revealed no side effects in testing and in seven years of use by the general public! So operates the FDA.
26. The FBI, the U.S. Postal Inspector, IRS, U.S. Customs from Tampa and California, the DOH, Tampa Swat Team, Florida Dept. of Law Enforcement (ďFDLEĒ), the Florida HRS, the California Drug Enforcement Bureau, and the Pasco Count Sheriffís Department executed their illegal search, seizure and confiscations on May 12, 1993, as noted above. The illegal raid consisted of the DOH agents, pretending to be federal agents, coming into KIMBALLís home and business under a federal search warrant, which was limited to confiscating certain items after their entry. But after their entry, they confiscated everything for the State of Florida that was not on the federal warrantówith no warrant whatsoever. This was an illegal preplanned arrangement that was carried out perfectly, and should have put KIMBALL and DEDI out of business.
27. By the time the federal government agents took all the paperwork, computers and trade secrets of how to manufacture DEDIís products under their federal warrant and the DOH took about every product and chemical, including products in the research stages, DEDI had nothing left. At the same time, the IRS was added to the team. It impounded all the money in DEDIís businesses checking accounts. KIMBALL then used his life savings and borrowed money to get DEDI started all over again, but he would not then, or ever, surrender.
28. Over a ten-year period, the FDA raided companies related to KIMBALL several times and each time money was stolen. The first time, they stole over $11,000 from the public for unfilled orders and never returned the money to the public. In 1998, they stole over $3,000 of the publicís money which was also never returned to the public, with $1,500 in customer orders in cash stolen by FDA agents and put in their pockets. KIMBALL has the names of the very FDA agents that stole the cash. In 1999, FDA agents opened a safe and removed a sealed envelope addressed to KIMBALL, which was delivered by UPS, and had not been opened by KIMBALL yet. The agents took $8,000 sent in by a doctor to KIMBALL and never returned the money. When KIMBALL requested the money be returned by the Government, Judge Lazzara in KIMBALLís 2000 criminal trial refused the request.
29. Shortly thereafter, the IRS agents KIMBALL had been speaking with in Tampa told KIMBALL that the IRS agents in California lied to the Tampa IRS agents regarding their money confiscations. The Tampa agent offered to give the money back to KIMBALL if he would sign an agreement not to sue them, which KIMBALL did, as the companies needed the money.
30. It appeared that Somersetís move to Tampa paid off. Somerset held off its suit, as the Government agents had suggested, and filed it right after the raid. DOH also filed a civil action against DEDI and KIMBALL after the raid. From DEDI, all the evidence was taken to California for a number of grand jury investigations. DEDI and KIMBALL were not then indicted and all the confiscated materials were returned in 1997.
31. Magistrate Judge Charles A. Wilson was the federal judge presiding over the Somerset civil suit against DEDI and KIMBALL. Somersetís attorneyís, Gunster & Yoakley from Stuart, Florida, consistently lied to Judge Wilson which was pointed out by DEDIís corporate attorney R. Elliott Dunn, Jr. and KIMBALL. However, Judge Wilson consistently found against DEDI and KIMBALL, assessing them fines. Judge Wilson allowed Somerset to have full access to all the materials confiscated for the Grand Jury from DEDI and KIMBALL by the government, including DEDIís trade secrets. Judge Wilson and government officials even allowed Somersetís attorneyís access to documents of other companies affiliated and non-affiliated with DEDI and KIMBALL.
32. KIMBALL can only wonder what motivated Judge Wilson to break so many rules to trample on DEDIís and KIMBALLís rights. Judge Wilson spoke with the federal prosecutor in California about the status of a federal indictment against KIMBALL, which is judicially improper. At that time, Judge Wilson was soliciting to become the U.S. Attorney in Tampa, Florida and, knowing he could be prosecuting KIMBALL criminally, probably should have recused himself from the civil case against KIMBALL. But Judge Wilson continued with the civil case until he was appointed U.S. Attorney. After Judge Wilson was appointed U.S. Attorney, he assigned Assistant U.S. Attorney Michael Rubinstein (ďRUBINSTEINĒ) to convene a grand jury investigation and secure an indictment against KIMBALL. After KIMBALLís predictable indictment, U.S. Attorney Wilson then proceeded to become a judge on the Eleventh Circuit Court of Appeal, which later denied KIMBALLís appeal of his conviction.
33. In 1998, after KIMBALLís grand jury investigations were dropped in California, KIMBALL found out that U.S. Attorney Wilson and AUSA Rubinstein started the 7th or 8th grand jury investigation against KIMBALL in Tampa, Florida seeking an indictment. KIMBALL demanded to appear before the grand jury and was eventually granted an appearance by AUSA Rubinstein and U.S. Attorney Wilson. When KIMBALL appeared, he convinced the grand jury it wasnít KIMBALL or DEDI they needed to investigate, it was Somerset and a number of government and state officials, including U.S. Attorney Wilson and AUSA Rubinstein, that illegally did this to DEDI.
34. The grand jury agreed to investigate and KIMBALL asked the grand jury to excuse AUSA Rubinstein from the room and the investigation because he would be one of the ones being investigated in this conspiracy. AUSA Rubinstein spoke up and said he had nothing to hide. The grand jury told KIMBALL, in essence, they could not function as a grand jury without AUSA Rubinstein. AUSA Rubinstein promised the grand jury he would cooperate with KIMBALL and the grand jury and would work with everyone involved, which was an absolute lie. The grand jury asked KIMBALL to make a list of the individuals involved, called ďtargets,Ē and lay out what violations of law or constitutional rights they had violated and the grand jury would bring them in for questioning.
35. Then it was agreed that KIMBALL and AUSA Rubinstein would work together to get KIMBALLís information before the grand jury. AUSA Rubinstein agreed to cooperate with the grand jury, and said he would do everything he could to work with KIMBALL, acting as a go between for KIMBALL and the grand jury. But after KIMBALL left the grand jury, AUSA Rubinstein totally refused to cooperate in any respect with KIMBALL and the grand jury was disbanded shortly thereafter - with no indictments.
36. KIMBALL demanded a copy of the grand jury transcript to document his appearance and what the grand jury had agreed to do. When KIMBALL finally received the transcript, it had been altered dramatically and pertinent parts removed. The same thing happened again when Mary Groomes, KIMBALLís secretary, was subpoenaed to appear before the grand jury and received a copy of her transcript; it was also altered. Federal Judge Lazzara was informed, but refused to take any action.
37. U.S. Attorney Wilson and AUSA Rubinstein quickly convened another grand jury where many of the conspirators testified again and consistently lied in attempts to secure an indictment against KIMBALL. The prosecutorial misconduct before the Grand Jury by AUSA Rubinstein condoned by U.S. Attorney Wilson included: AUSA Rubinstein testifying when not under oath, leading witnesses, deliberately and knowingly misleading the grand jury, supplying DOH with secret grand jury documents and evidence for DOH to use in their civil cases against DEDI and KIMBALL.
38. KIMBALL presented two boxes of evidence to the grand jury during one of his appearances before them. These boxes contained about 1,000 documents which put forth illegalities by government agents, Dana Barnett, Somersetís attorneys, DOH agents, AUSA Rubinstein and U.S. Attorney Wilson. AUSA Rubinstein gave these grand jury records to FDA Agent Matteson who was working with DOH Agent Orr. Both Agent Matteson and Agent Orr were key targets in these documents for their illegal acts. Even a member of the grand jury questioned AUSA Rubinstein giving the grand jury records to FDA Agent Matteson. However, AUSA Rubinstein did it anyway. This is in the grand jury transcripts which KIMBALL and others hold with thousands of other documents against government officials.
39. Obviously, AUSA Rubinstein neglected to alter some grand jury transcripts. DOH Agent Orr testified before different grand juries 7 times in attempts to indict KIMBALL. Agent Orr consistently lied in all of them, while contradicting her own testimony to different grand juries. Agent Orr and AUSA Rubinstein play acted before the grand jury with Agent Orr pretending to be another person testifying before the grand jury and allegedly reading selected pieces of testimony by witnesses which appeared before a different grand jury.
40. Agent Orrís perjury was so blatant that when AUSA Rubinstein asked her about another personís testimony, she said she didnít need to read the transcript, she had it memorized and testified before the grand jury the opposite of what the transcript said in an effort to indict KIMBALL. Agent Orr even told the grand jury that DEDI wasnít licensed with the DOH as a drug manufacturer. Agent Orr was present in 1997 when a Florida Circuit Court Judge deemed DEDI licensed in 1993 by DOH without any renewal being necessary. Agent Orr had been testifying against KIMBALL and DEDI since 1993 in Florida civil cases. Even though Agent Orr worked for the Dept. of Health, she started working directly with AUSA Rubinstein and FDA Agent Matteson in their grand jury investigation against KIMBALL in 1998 and was funneling grand jury documents and information to DOH to use in their civil cases against KIMBALL.
41. AUSA Rubinsteinís, Agent Orrís and DOH Attorney Danitiís acts were so blatant that Attorney Daniti for DOH would put the grand jury documents in a motion filed by DOH in their civil cases before KIMBALL and DEDI could even acquire the information and copies of documents from the source. These acts are illegal. KIMBALL didnít secure and review all of Agent Orrís testimony and documents until after KIMBALL was imprisoned, due to unexplainable restrictions imposed by U.S. District Judge Lazzara.
42. DEDI was raided a third time in July, 1999 which was orchestrated by U.S. Attorney Wilson and AUSA Rubinstein who had enlisted the help of DEDIís one-time legal advisor and compliance officer Louis T. Smith (ďSMITHĒ). Smith became an undercover government informant at the time. Although there is no hard information available to KIMBALL, it appears the government apprehended Smith as a drug user, then exploited the predicament he was in to make him a mole for the government, presumably in exchange for some type of leniency. Whatever the case, Smith then took steps which, in retrospect, proved to be a calculated effort by him, with others, to set us up.
43. Prior to the raid, SMITH drew a map indicating where to search and what to confiscate. One of the places on the map checked to search and seize documents from, were the legal files which held all the defense documents for the two DOH civil cases, one of which was upcoming in October where DEDI and KIMBALL were scheduled to put on their defense. Most all the legal defense documents were seized under the control of U.S. Attorney Wilson and AUSA Rubinstein, ďallegedlyĒ for the grand jury.
44. KIMBALL was indicted a week or two thereafter. A few weeks after his indictment, KIMBALL received the first formal warning letter from the FDA warning KIMBALL that the flyer which accompanied KIMBALLís LS product, Liquid Deprenyl Citrate (LDC), made it a drug and telling KIMBALL to stop selling it or the FDA would take action against KIMBALL. KIMBALL stopped selling LDC. The letter also gave KIMBALL 15 days to respond. The FDA did what the law said to do, only after the fact. The law says the FDA must give a warning or have hearing before they can take criminal action. That letter from the FDA was never presented to the jury due to the actions of Federal Judge Lazzara.
45. KIMBALL now had three identical cases - two of which were in the Florida courts and the third in federal criminal court. Presiding over the court in KIMBALLís criminal case was Federal Magistrate Judge Thomas B. McCoun and District Court Judge Richard Lazzara. Both the pretrial motions and conferences, along with the trial were an orchestrated stage show of judicial and prosecutorial misconduct. Elliott Dunn, DEDIís corporate attorney, was not a criminal attorney and did not wish to defend KIMBALL criminally, however, offered to assist KIMBALL prior to trial in motions and hearings. KIMBALL and DEDI were essentially out of money and hundreds of thousands of dollars in debt due to the legal actions by Somerset, DOH and the FDA, along with U.S. Attorney Wilson, AUSA Rubinstein and others. KIMBALL did not have the funds to defend himself, nor did his wife who was over one hundred thousand dollars in debt in her own business.
46. Many customers who had purchased products from DEDI over the 10 year period donated money for KIMBALLís defense, however, that money was used up consulting attorneys. The Court told KIMBALL he did not qualify for a court appointed attorney, even though KIMBALL was $160,000.00 in personal debt with relatively no assets at all. KIMBALLís wife was over $100,000.00 in personal debt. When KIMBALL attempted to represent himself, the Court said no. However, it allowed him to try, and KIMBALL proved to himself and the Court he was not competent in criminal law to do so. Unable to secure a pro bono criminal attorney and the Court refusing to appoint one, four days prior to trial KIMBALL again asked the Court if he could represent himself as he had no other choice, and the Court granted KIMBALLís motion. He also asked Judge Lazzara for co-counsel, assistant counsel to help KIMBALL in his defense and the Court refused. The Court refused KIMBALL assistance of counsel, a person who knew nothing about criminal law, but readily approved assistance of counsel for AUSA Rubinstein when he stated to the court that this is a complicated case and he wanted the assistance from an FDA special attorney for trial.
47. AUSA Rubinstein continually lied to the Court and disobeyed court orders. When the Court was presented proof of AUSA Rubinsteinís lying from DUNN and KIMBALL, the Court did nothing. Worse, the Court flatly refused to do anything to AUSA Rubinstein when he blatantly disobeyed court orders, one of which was to return DEDI and KIMBALLís defense documents which were mandatory for their defense in the DOH civil case. DEDI and KIMBALL had to default that case and were fined legal fees over $700,000.00 that they didnít have.
48. In addition, AUSA Rubinstein refused to obey court orders to produce evidence he held for KIMBALLís defenses and the court did nothing, even when DUNN and KIMBALL filed multiple motions to compel. Some evidence ordered to be produced by the Court, AUSA Rubinstein never produced at all, yet the Court did nothing. On the other hand, when the Court thought that KIMBALL disobeyed a court order, suggested by AUSA Rubinstein, KIMBALL was placed in jail for 10 days, even though the action KIMBALL took was on the advice of his compliance officer SMITH, who KIMBALL did not know at the time was operating as an undercover government informant.
49. After SMITH told KIMBALL that what he was doing would not disobey a court order, he turned around and advised AUSA Rubinstein that it violated the court order and KIMBALL was arrested. This all came out in testimony during the third identical case against KIMBALL in the Florida Administrative Court in 2001, after KIMBALL was imprisoned.
50. In speaking with attorneys after receiving an FDA formal warning letter, subsequent to his indictment, it was concluded that if the FDA were to take any action at all, it should have been civil or administrative, not criminal. The FDA had not deemed LDC a drug administratively; in fact refused to deem LDC anything, even though KIMBALL had asked the FDA to deem it a supplement in 1991. In 1992 when KIMBALL asked the FDA to deem it a drug, they refused to do so. The FDA even stipulated in court they had never deemed LDC to be a drug. How could the FDA ask a jury who has no expertise in determining whether a product is a drug, a prescription drug, or a dietary supplement to do the FDAís job when the FDA itself refused to do so for 9 years.
51. DUNN filed many motions, backed by many laws, which DUNN and KIMBALL firmly believed should have dismissed the criminal action by the conspirators. As fast as DUNN drew them up, Judge Lazzara threw them out. Not only did he throw them out, he dismissed witnesses and evidence prior to being introduced. When a motion was filed for dismissal for government misconduct, Judge Lazzara refused to hear it. Then, during the trial Judge Lazzara said he would hear it, but when KIMBALL attempted to produce the evidence, Judge Lazzara refused to admit it.
52. When DUNN filed a motion to dismiss for the illegalities of AUSA Rubinstein for enlisting a major member of KIMBALLís legal department as a confidential informant and undercover agent, which was so obvious any layman could see it, Judge Lazzara adamantly advised Kimball to withdraw his motion. Both AUSA Rubinstein and SMITH lied to Judge Lazzara, which was evident at the time. Common sense would dictate that AUSA Rubinstein and SMITH were lying. SMITH said he didnít know why he stayed on at DEDI and needed the money. AUSA Rubinstein lied and told Judge Lazzara that SMITH ďwas notĒ an undercover agent. If SMITH was not an undercover agent for AUSA Rubinstein, why did Rubenstein conceal SMITHís identity from KIMBALL and the public until he set up KIMBALL for AUSA Rubinstein to arrest weeks after his indictment for an act SMITH and DUNN recommended was legal for KIMBALL to do?
53. Evidence was gained by KIMBALL after he was in prison during the third duplicate DOH case in 2001, that AUSA Rubinstein wrote to the Florida Dept. of Labor about SMITH having to leave the employment of KIMBALL for fear of being discovered. Evidence was also gained where SMITH admitted to a Florida Dept. of Labor administrator that he was an undercover agent and the labor board supervisor memorialized it by writing it up in his report. Also, in his testimony in the 2001 DOH administrative case, SMITH testified, and slipped up in his constant perjury, and admitted he attended a meeting after KIMBALLís indictment which related to KIMBALLís actions and defenses.
54. SMITH had testified to Judge Lazzara in federal court that he did not attend meetings after KIMBALLís indictment regarding KIMBALLís activities and defenses. DUNN who did not testify at KIMBALLís trial due to the actions of Judge Lazzara, did testify in 2001 at the administrative hearings stating SMITH attended many legal conferences after KIMBALLís indictment regarding KIMBALLís defenses in the indictment, including the legal conference in which SMITH gave the advice which placed KIMBALL in jail.
55. In one of his many well founded motions to dismiss, DUNN pointed out the letter of the law put forth by the legislature in the Dietary Supplement Health Education Act (DSHEA) which states that before any person can be brought up on criminal charges for selling a dietary supplement under DSHEA, the FDA must communicate with the person of an alleged offense and hold a hearing on the issue if requested. DSHEA also stated in non-legal terms that any product qualifies as a dietary supplement if it contains one or more ingredients specified in DSHEA. KIMBALL and DEDIís LDC was sold under DSHEA and contained four ingredients, all of which qualified under DSHEA as dietary supplements, testified as such by experts. Judge Lazzara said, in essence, that doesnít matter because other court cases negated what the Legislature said in the law they passed, DSHEA. He didnít care what the Legislature said; he was going by legal precedent all of which turned out to be inapplicable to Kimball and his attorney.
56. As the Federal trial began, the lies by AUSA Rubinstein and apparent judicial misconduct by Judge Lazzara were deliberate, immediate and detrimental to KIMBALL. AUSA Rubinsteinís opening statement was full of lies, including: LDC was ďexactlyĒ the same as Eldepryl, bringing up KIMBALLís past alleging a criminal history when, in reality, there was none. Judge Lazzara said nothing.
57. Throughout KIMBALLís opening statement Judge Lazzara kept interrupting KIMBALL, even questioning the truthfulness of KIMBALLís statements to the jury. Judge Lazzara advised AUSA Rubinstein and Special FDA Prosecutor Jones to make objections to KIMBALLís opening statement to the jury, as they had not objected to that point. Judge Lazzara now became a third prosecutor against KIMBALL with AUSA Rubinstein and Jones.
58. Aside from Judge Lazzara interrupting amateur attorney KIMBALL throughout the trial, chastising him loud enough for the whole jury to hear, after the government prosecutors had their chance at the witness and KIMBALL cross examined them, Judge Lazzara would cross examine them again in further attempts to discredit them if it appeared KIMBALL did well with them in his examination. When KIMBALL asked AUSA Rubinstein to produce witnesses he had requested from the government, AUSA Rubinstein refused and told Judge Lazzara the witnesses KIMBALL could have and the Judge went along with Rubinstein. Judge Lazzara had agreed to allow KIMBALL to produce a multitude of reports from DEDIís customers in lieu of their testimony, which KIMBALL intended to use in his defense as evidence of the safety, effectiveness and the differences between KIMBALLís supplement and Somersetís drug. Judge Lazzara agreed to allow them in as evidence but would not permit KIMBALL to use it before the jury.
59. Judge Lazzara allowed AUSA Rubinstein, without objection, to compare Somersetís Eldepryl prescription drug to KIMBALLís LDC, condemning LDC when the government never did any testing, and never reviewed any trials on LDC, even the ones conducted by DEDI on LDC. However, as soon as KIMBALL began to examine one of the expert witnesses about the trial test results with Eldepryl, revealing the toxic side effects due to an unknown contaminant, Judge Lazzara refused to allow the testimony for the jury to hear. When an argument was presented to Judge Lazzara that the door was opened by AUSA Rubinstein when he had done the same thing, Judge Lazzara simply replied, "well, why didnít KIMBALL object?Ē What KIMBALL should have said to Judge Lazzara was, ďJudge, why didnít you object to AUSA Rubinstein when he brought it up; you objected to my bringing up a multitude of subjects after AUSA Rubenstein had brought up the exact same subject matter. Rubenstein opened the door. The judge closed it.
60. KIMBALL flew in a key expert witness from California who had testified as an expert in federal court before. He was to explain in laymanís terms to the jury the exact differences between the dietary supplement KIMBALL developed and the drug Somerset had approved for sale only with another drug. Directly after Judge Lazzara admitted KIMBALLís witness as an expert, without any objection by the government, Judge Lazzara interrupted KIMBALLís witness and disqualified him because he started testifying based on his review of other laboratoriesí testing results, a plain violation of the Federal Rules of Evidence.
61. On the other hand, Judge Lazzara ďdid notĒ interrupt and disqualify any of the three governmentís alleged expert witnesses, and allowed them to testify about the testing results from Somersetís product which they never personally tested; even when they admitted they only reviewed other peopleís testing. In fact, Judge Lazzara even allowed the government to condemn KIMBALLís LDC as being dangerous, possibly fatal, when the experts admitted to not only never testing it, they didnít even state they reviewed any testing about KIMBALLís product that revealed any danger at all. Thatís because after 10 years LDC revealed no danger at all, as testified to by doctors that had used LDC for their patients for 10 years.
62. Judge Lazzara allowed the governmentís experts to consistently condemn KIMBALLís product without any substantiation. When KIMBALL attempted to question his own expert witnesses with substantiating evidence about the differences and detriments of Somersetís Eldepryl prescription drug product vs. KIMBALLís LDC, Judge Lazzara refused to allow the testimony. Judge Lazzara even stated in court that KIMBALLís LDC was a ďdrug.Ē Then after KIMBALLís expert witnesses testified it was a dietary supplement and, by law, was such, Judge Lazzara asked AUSA Rubinstein and FDA Special Prosecutor Jones; well, canít KIMBALLís product be both a dietary supplement and a drug?
63. Judge Lazzara even refused to allow KIMBALL to use a good faith defense which is an absolute defense to the governmentís charges that KIMBALLís LDC was a prescription drug. KIMBALL adamantly believed, and still does, that DEDIís LDC product was a dietary supplement, not a drug, and everyone knew KIMBALL would have testified to that fact. However, Judge Lazzara was not going to have that. KIMBALL was just ramroded through the system.
64. AUSA Rubinstein refused to produce exculpatory evidence which revealed his key expert witness, Dr. Ira Shoulson, committed perjury in attempts to condemn KIMBALL and his product. This evidence was discovered and revealed just after KIMBALL was found guilty. It was immediately presented to Judge Lazzara, who just commented, ďwhy wasnít this evidence produced at trial?Ē It was a violation of law for AUSA Rubinstein not to produce exculpatory evidence and Judge Lazzara should have, at the least, declared a mistrial.
65. Additionally, AUSA Rubinstein knowingly presented pertinent evidence in document form, representing them as something they were not, notwithstanding the documents presented were false, as a matter of fact. Worse, AUSA Rubinstein knowingly presented additional falsified documents to the jury, which again was pertinent to KIMBALLís conviction in the form of commercial invoices allegedly proving KIMBALL was recently selling LDC, when, in fact, AUSA Rubinstein knew the documents were altered by his undercover operative SMITH, as they happened to be SMITHís handwriting. Again, this information was discovered in the hearing in 2001.
66. Throughout the entire trial, AUSA Rubinstein and all his expert witnesses projected to the jury that Somersetís product was approved by the FDA as an independent prescription drug, using the word ďadjunct,Ē which KIMBALL is sure none of the jurors understood nor the judge. Eldepryl had to be a prescription drug simply because its ďonlyĒ FDA approved use was in conjunction with a dangerous prescription drug. Eldepryl was not FDA approved for any use by itself. The government's key expert witness at KIMBALL's trial, Dr. Schoulson, slipped while giving his testimony and admitted Somerset's product Eldepryl ďdid not work.Ē KIMBALL's expert witnesses Dr. Kalsa and Dr. Dean testified additionally that Eldepryl did not work while stating KIMBALL's LDC did work very well.
67. Testimony from a Parkinson patient that was using Eldepryl in 1990-1991 and was dying, ran across LDC in Mexico, ceased using Eldepryl and walked in to testify at KIMBALL's trial eight years later testifying how LDC has saved her life. It was obvious just from the testimony of those witnesses that Eldepryl and LDC were not the same at all. However, the jury was steamrolled by lies, misconceptions of KIMBALL and LDC by Dr. Schoulson, Federal agents, Judge Lazzara and the two government prosecutors. Judge Lazzara allowed bogus testimony to ramble on and on, and prejudiced the jury against KIMBALL who was attempting to defend himself, improperly deprived of counsel.
68. KIMBALL has seen the financial records of Somerset's Eldepryl sales for about 10 years. It has generated almost one billion dollars in revenues from a very limited market of people dying of Parkinson's disease. Somerset's product was nothing more than a huge scam fleecing money from the public that were afflicted and dying of a degenerative disease, Parkinson's, that their own expert researcher admitted Eldepryl "DID NOT WORK."
69. The FDA was sitting right there and heard the testimony Eldepryl did NOT work, and KIMBALL's LDC ďdid work.Ē Still, the FDA put KIMBALL in prison essentially for the rest of his life because he developed a product that did work and LDC is not available anywhere to save any more lives, while the FDA allows Somerset to continue to scam the compromised public dying of Parkinson's disease with Eldepryl and other generics that it knows "DO NOT WORK." Notwithstanding, to prove KIMBALL was guilty of anything, Judge Lazzara reluctantly stated to the jury that they had to first find KIMBALL guilty of selling a PRESCRIPTION DRUG.
70. The FDA had never determined that LDC was even a drug, never mind a prescription drug, and the FDA is the only entity that, by law, can do so, and they refused to do so for 10 years. There is no provision in the law for a jury to make the determination that any product is a drug, or a dangerous prescription drug, nor does a jury have the expertise to do so. Judge Lazzara knew this, as did the conspirators. Yet they let the trial continue in their vendetta to imprison KIMBALL with their misconduct.
71. Judge Lazzara went far beyond the bounds of a fairĖminded judge as the trial record screams out. Judge Lazzara slipped once during the trial implying that if KIMBALL went to the FDA first and asked for his product to be accepted as a dietary supplement, there wouldnít be a trial. Judge Lazzara had forgotten the testimony by the governmentís own witness which verified that is exactly what KIMBALL did in 1991 when the FDA violated KIMBALLís First Amendment rights and returned his petition without administrative review as required by law! Judge Lazzara slipped again when he said there was no harm to the public and everyone liked KIMBALLís product.
72. Prior to sentencing, Judge Lazzara showed his prejudice again, stating KIMBALL was a millionaire, inferring KIMBALL had hidden lots of cash overseas, even when the evidence clearly showed KIMBALL was $160,000.00 in personal credit card debt that he couldnít pay. KIMBALL, nor any family members, had accounts overseas or cash hidden overseas. KIMBALL most assuredly ďwas notĒ a millionaire and that statement from Judge Lazzara was a lie. However, it revealed one of Judge Lazzaraís true biases. Even KIMBALLís wife was $100,000.00 in personal credit card debt and owed over $350,000.00 in mortgages she did not have the means to pay. Eventually, she had to sell property to stop from losing it and to support their 12-year old son.
73. KIMBALL took up the last of the donated money from his customers for his defense, borrowed the rest on his credit card and hired a prestigious attorney from Miami who was recommended by others to argue his sentencing before Judge Lazzara. Attorney Mike Pasano of Zuckerman, Spaeder advised KIMBALL prior to sentencing that as KIMBALL had done no harm, and there was no loss to any consumer, only benefit, that Judge Lazzara should only give him 6 points amounting to probation for a year or so.
74. Instead at sentencing Judge Lazzara gave KIMBALL 13 years in prison for his first offense. KIMBALL had requested a trial by jury. Judge Lazzara was NOT going to allow KIMBALL a TRIAL BY JURY. In sentencing Judge Lazzara found KIMBALL GUILTY of many more charges NOT FOUND OR EVEN PRESENTED TO THE JURY and added about 12 more years to KIMBALL's sentence. KIMBALL was 60 years old, that was just about the equivalent of a life sentence for saving lives and improving the quality of life for thousands of people. To add insult to injury, if KIMBALL lives to serve his sentence, Judge Lazzara stated KIMBALL then was to serve 3 years probation and no member of KIMBALLís family could be in the dietary supplement business in the meantime.
75. KIMBALL was immediately placed in a federal jail in Tampa, Florida awaiting another trial on the trumped up charges contrived by undercover agent SMITH and AUSA Rubinstein. Those charges were ultimately dropped, as it was obvious that they were contrived by all. Plus, they now had their pound of flesh.
76. Again, KIMBALL wants to sincerely thank Senator Charles Grassley, Senator Tom Harkin, Senator Bill Nelson and former Congressman Berkley Bedell, with special thanks to their staff members, for attempting to help KIMBALL in his hour of need, revealing their humanitarian concerns.
NOTE: A renown attorney wrote this Condensed Declaration based on the facts which transpired with Kimball. Kimball signed this declaration in May 2003. The attorneyís name is withheld to protect his current position
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