Re: Nation's Course


[ Follow Ups ] [ Post Followup ] [ Supreme Law Firm Discussion Forum ] [ FAQ ]

Posted by Charles Pixley on April 04, 1997 at 09:01:33:

In Reply to: Nation's Course posted by Peter L. Sroufe on December 29, 1996 at 13:25:58:

Let me add a few words to your perceptice understanding of the direction our country has been in.
It's even worse thatn previously thought. There is a program of Passive Genocide that has been in place since approximately 1897.

Some words from one attorney who has devoted his life to defeating the Nazi's of US Medical Establishment.
Please feel free to copy and sent so long as you do so without any changes and its complete form.

Charles Pixley
pix108@frontiernet.net

SIC SEMPER TYRANNIS
by William H. Moore Jr., Esq.

The Food and Drug Administration was created in 1938 as a federal agency to
ensure that food, drugs and cosmetics moving in interstate commerce were unadulterated,
contained what was stated on the label and were thereby safe for human consumption.

This Agency has undergone a metamorphosis to become the self-appointed arbiter of
health care, making unilateral decisions to benefit a segment of the private sector to the
detriment of the physical, political and economic well-being of the American people.

It conducts raids on medical clinics, terrorizing patients, staff and practitioner, seizes
private property and issues mendacious publicity releases slandering practitioners,
nutritional products and innovative drugs without foundation and utilizes other federal
and state agencies to this end. It has so far departed from the purpose for which it was
created as to be a real and present danger to the public's health and civil liberties.

The FDA recognizes allopathic medicine exclusively, giving rise to a standardized
system of American Health Care which is unable to:

(1) Control the resurgence of Tuberculosis in the country;
(2) Control the rising rate of Cancer deaths;
(3) Control the rising rate of coronary artery deaths;
(4) Lower the infant mortality rate;
(5) Find an effective treatment for AIDS.

There are answers to all these deficiencies but they lie outside the scope of
Allopathic practice.

The purpose here is to determine the course of action to bring this agency under
control that it may comport itself in accordance with the intent of Congress representing
the will of the people. There is the additional question of appropriate redress of
grievances to citizens who have been harassed by this agency's Ultra Vires activities.

ANALYSIS

The Food and Drug Administration, created to perform some proper regulatory
functions, is devoting many of its resources to illicit functions not contained in its
enabling legislation and not permissible under the Constitution.

The agency is currently directed by Commissioner, David Kessler, M.D., J.D., who
assumed the position after the enforced resignation of Joe Young, Ph.D. following an
investigation which revealed officials taking large bribes from industries they were
supposed to regulate. The entire agency was demoralized and ineffective.2

The agency has openly and notoriously formed "partnerships" with private trade
associations and special interest groups for the purpose of aiding and abetting non-price
perdition in the health care market.

The agency has lawful jurisdiction over some Foods, Drugs and medical devices
which are in interstate commerce and has no jurisdiction over the practice of medicine or
other healing professions.
Despite this rather clear distinction, the agency repeatedly uses its enforcement
powers and its liaison with state regulatory agencies to interfere with the practice of
non-allopathic health care to suppress the use of techniques of healing and of products
which are not within its regulatory jurisdiction.

FDA ANTI-COMPETITIVE ACTIVITY

The FDA acts to suppress by criminalization of the following health technologies
which are natural to the body, non-toxic, non-invasive, highly effective non-allopathic or
holistic in nature and generally inexpensive:

I.
CARDIOVASCULAR DISEASES
EDTA Chelation - Adrenal Cortical Extract


II.
STROKE PREVENTION AND REHABILITATION
Oxidative Therapies, EDTA and DMSO Chelation, Human Growth Hormone


III.
SUCCESSFUL NON-ALLOPATHIC CANCER AND AIDS THERAPIES

Burzynski, Laetrile, L-Arginine, Joseph Gold Hydrazine Sulphate,
Black & Yellow Salves Max Gerson's Dietary therapy, Homeotherapeutics, Krebiozen
Essiac, Immunostim, Anti-neoplastin, Hoxey
Glixoxide, Revicci Therapies, Gaston Naessens 714-X, et alia.


THE STATE AND FEDERAL AGENCIES INVOLVED IN
ANTI-COMPETITIVE ACTIVITY

California (most active)
Department of Consumer Affairs
State Board of Medicine
State Board of Dental Examiners
State Board of Osteopathic Examiners
State Board of Chiropractic Examiners
Acupuncture Committee
Food and Drug Branch
Attorney General's Office
San Diego City Attorney's Office

Other States (Generic)
State Board of Medical Examiners
State Board of Dental Examiners
Attorney General's Office

Private Organizations Involved
Pharmaceutical Advertising Council
National Council Against Health Fraud
(and affiliated organizations)
National Federation of State Boards of Medical Examiners
Administrative Agencies
NCI-National Cancer Institute
NIH-National Institutes of Health
CDC - Centers for Disease Control
FDA - Food and Drug Administration


Private Organizations
American Heart Association, American Cancer Society
Memorial Sloan Kettering Institute
Mayo Clinic, City of Hope
American College of Allergy
Roswell, to name only a few.
THE RELEVANT SERVICE MARKET
The Relevant Service Market is the market for health care services by licensed
health care professionals for the prevention and treatment of diseases and the attainment
of high level health.

SUBSTITUTABLE ECONOMIC COMPETITORS

Competitors in the Relevant Service Market are physicians from the various schools
of practice differing in material aspects and approaches. Historically, there has been brisk
competition between such practitioners in the Relevant Service Market.

THE GEOGRAPHIC MARKET

The relevant geographic market is the United States along with Mexico and Canada
where United States citizens seek health care practitioners and modalities not readily
available in some areas of the United States.

RELEVANT MARKET FOR GOODS

The relevant market for goods consists of nutritional supplements, herbs and drugs
both manufactured in the United States and imported from other countries, used by
persons to prevent and treat diseases and to attain a state of high level health.

This market is interstate, frequently international and the movement of goods in the
geographic market is regulated by both Federal and State agencies. Such goods are
distributed, marketed and sold in retail outlets, by mail order and by licensed health care
practitioners who dispense them to their patients.

Some of these goods may only be dispensed upon the written authorization of a
licensed health care practitioner in the United States and Canada; most are available for
direct purchase by the ultimate consumer.
Taken together, the relevant market for goods and services constitutes the second
largest industry in the United States, involving expenditures exceeding One Trillion
Dollars annually. Approximately 40% of this cost is for Administrative services in
connection with payment for goods and services by third-party payees, i.e. the Health
Insurance Industry, public and private.


Payment for a substantial percentage of the costs of goods and services is through
State and Federal programs, a large percentage is through insurance programs. The
remainder is paid for by individuals and, in some instances, by their employers.
THE MONOPOLIZATION OF MEDICINE

The position of allopathic medicine, its droit de seigneur, in the health care world is
something of the Emperor's New Clothes--a little honest scrutiny reveals some bare facts.

During the Progressive Era the health care industry, then consisting of homeopathic,
allopathic and eclectic schools, was funded largely by the Rockefeller and Carnegie
fortunes to establish and maintain a dominant place in health care for the products of the
petrochemical industry.

The Allopathic School of Medical Practice was picked to become the dominant
survivor of monopolization because it was:

(1) Numerically the largest,

(2) Had no well established system of doctrines which made it antagonistic to
petrochemical therapeutics,

(3) Was represented by a fairly well organized and active Trade Association
which was receptive to a take over by the founders, particularly Morris Fishbein, whose
role was pivotal and whose service spanned several decades of the monopolization.

(4) Urgently needed a large infusion of cash and political influence to compete
with its economic rivals,

(5) Had little to offer its members without such an infusion of cash and political
influence,3


One of the chief monopolization strategies was through take over of medical
education and the schools or universities which offered this. There were several hundred
which offered a two year course in Allopathic Medicine and granted the M.D. degree,
which was the sole credential necessary for practice at that time.

Competitive medical universities operated by Homeopathic and Eclectic interests
were fewer, but at least 75 existed - some well established and endowed.

All of these universities were supported by the tuition paid by their students; a few
had some endowments, but in general, all Allopathic, Homeopathic and Eclectic
Universities depended on tuition for their operating funds.
The monopolist could have selected any of these; they were all easy targets, but the
Allopathic School of Practice had a void in its therapeutic system which made it ideal for
the monopolist and the Homeopathic and Eclectic Schools had therapeutic systems which
offered little room for the incorporation of petrochemical technology.

Many Americans, at least those who could afford to do so, went abroad for their
medical education, initially to England or Scotland but eventually to Germany where
State supported Universities had better facilities.
Foreign students who could and would pay tuition to augment the salaries of the
faculty were welcomed to the extent that lectures were offered in English as well as
German to facilitate and accommodate these foreign scholars.

The entire initial faculty of Johns Hopkins, the first of the Medical Universities to be
established and funded by the monopolists, were graduates of German Universities and
brought with them the political orientations of their educators. This they passed on to the
students of Johns Hopkins, most of whom went out to become the faculties of other
American medical colleges. Those orientations remain a part of Allopathic medicine in
the United States today.

Federal control began in 1938 with the Pure Food, Drug and Cosmetic Act and was
strengthened in 1962 with the Kefauffer Amendments to that Act which contained an
efficacy requirement and gave the FDA far more power to control both drugs and
information about drugs.

The Federal Act was not intended to give the agency any control over the practice of
medicine or other health care professions and both its language and many decisions of
Federal Courts make that clear. Nevertheless, the agency continues to act in that capacity.
It was during and immediately after the Progressive Era that the seeds of the present
health care system were sown in the United States.

Since 1910, a combination of some practitioners and some manufacturers of goods
involved in this market has attempted to attain a monopoly in the market to the exclusion
of substitutable economic competitors. Some of the goods in this market, particularly
those consisting of synthetic petrochemical pharmaceuticals, are preferentially used by
the practitioners involved in the monopolization to the virtual exclusion of other goods.

However, a large amount of the goods involved may be purchased and used by
consumers without the recommendation or authorization of health care practitioners and
the consumer is free to consult such practitioners or not as he or she sees fit, in most
circumstances.

Licensure of health care practitioners is a function of State governments, all of
which have a system of examination and licensure of some health care practitioners.
There is some variation from state to state in which practitioners are licensed and which
are not licensed.

There is universal licensure of physicians and surgeons, osteopathic physicians and
surgeons, dentists, chiropractic physicians and there is considerable variation as to the
licensure of Naturopathic physicians and Oriental medical practitioners (acupuncturists)
on a state by state basis.

Despite the state by state variation, all of these practitioners practice in a virtually
uniform fashion, all have trade associations and specialty societies which are national in
scope and all receive fairly standardized training.

Licensure for physicians and surgeons was initially begun around 1890 on a state by
state basis at the instigation of the American Medical Association, which is the trade
association for the Allopathic School of Medical Practice. When the process was begun,
State Legislatures typically created three separate State Boards of Medical examiners, to
examine and license medical practitioners of the Allopathic, Homeopathic and Eclectic
Schools of Medical Practice; in many states the Osteopathic School was also given a
Board of Examiners.

Initially, the licenses granted to these practitioners were to treat any human disease,
disorder or condition by drugs, surgery or any other means and all persons not so licensed
were forbidden to undertake such activities for compensation.

Shortly thereafter, other health care practitioners were also given licenses which
carried out certain exceptions to the universal licensure of physicians, such as Dentists,
Podiatrists, Pharmacists, Nurses, Midwives, Physiotherapists and eventually,
Acupuncturists.

The campaign for licensure carried out by the AMA was for the purpose of attaining
for its members an exclusive license to practice health care for compensation and to
exclude all substitutable economic competitors from the market. This was not
accomplished as State Legislators usually saw fit to license their economic competitors as
well in order to maintain competition in the Relevant Service Market.

The campaign to attain exclusive licensure not having succeeded, the AMA next
attempted to bring about a merger between the competitive schools of medical practice;
that campaign is ongoing and has succeeded in some states to a degree, although all states
continue to license health care practitioners who are substitutable economic competitors
to allopathic physicians and have clearly articulated policies encouraging competition
between different sorts of health care providers, set forth in state legislation.

The AMA and its component state medical societies continued efforts to monopolize
health care and have been convicted of Antitrust violations repeatedly.

The Federal Trade Commission brought an enforcement action against the AMA and
its component societies resulting in information concerning anti competitive misconduct
and subsequently a private enforcement action by four chiropractors resulted in further
permanent injunctions against anti competitive misconduct.

The latter action, Wilk, et al. v. AMA was based upon a campaign conducted by the
AMA through its Department of Investigation and Council Against Quackery "to first
contain then eliminate Chiropractic".

During the litigation, the Department of Investigation and the Council Against
Quackery were hurriedly disbanded by the AMA and files of these organizations were
handed over to a private organization NATIONAL COUNCIL AGAINST HEALTH
CARE FRAUD, NCAHCF, and recently another adjunct company called Emprise, which,
funded by the Pharmaceutical Advertising Council, continues the anti competitive
campaigns as an ostensible private organization, which is actually an AMA front
organization.

Its anti competitive activities have intensified since the injunctions against the AMA
were issued and affirmed.

A large part of the plan of monopolization has been and continues to be the
suppression of information about health care providers and modalities which are
competitive with those of AMA members. The AMA initially formed a sub rosa
organization, the "Health Information Control Council" which had members from several
bureaucratic regulatory agencies as members. This was also broken up during the Wilk
litigation.


As a part of the Wilk litigation, the Court held that calling a licensed competitor a
Quack would constitute an antitrust offense. Since that time the AMA front organization
NCAHCF has substituted the word "fraud" for "quack" in its anti competitive campaigns
which increasingly utilize State and Federal agents as instruments of prosecution.

During the past 10 years, most of the monopoly activity of this AMA front
organization has been with bureaucrats and third party payees, such as Blue Cross and
Blue Shield, which are both private insurers and pay agents for governmental programs
such as Medicare.

In these situations, these "insurance companies" do not function in their traditional
roles as casualty insurers, but rather as cost-plus contract pay agents. In this role, their
activities neatly interface with both the AMA's monopolization efforts and the "hidden
bureaucratic agendas" of regulatory agencies.

It is this combination of the AMA, acting through a front organization, the
"insurance" companies who are not insuring but acting as cost-plus contract pay agents
and the regulatory agencies involved in a "hidden agenda" which in combination, are
bringing about and attempting to bring about the monopoly in health care which the
AMA has been engaged in creating since 1890.

This combination has already succeeded in dangerously decreasing the quality of
goods and services and astronomically increasing their price in the Relevant Service and
Goods Market.

This has been accomplished by bureaucratic activity which is directly violation of
the clearly articulated policies of the States and has as its purpose both increasing such
costs and decreasing the quality of goods and services, and although it is state action, it is
not such state action as is protected from Antitrust scrutiny by the State Action
Exemption to the Antitrust Laws.

1 Moss, Ralph, The Cancer Industry,
2 It is difficult, in 1994, to envision the inroads that Homeopathy and Eclectic Medicine
had made into public acceptance in 1894 - although these two Schools of Medical
Practice comprised only about 15 - 20% of medical practitioners, they had around 45 to
50% of the market at the turn of the Century.


2 Moss, Ralph, The Cancer Industry,

3 It is difficult, in 1994, to envision the inroads that Homeopathy and Eclectic Medicine
had made into public acceptance in 1894 - although these two Schools of Medical
Practice comprised only about 15 - 20% of medical practitioners, they had around 45 to
50% of the market at the turn of the Century.





Follow Ups:



Post a Followup

Name:
E-Mail:

Subject:

Comments:

Optional Link URL:
Link Title:
Optional Image URL:


[ Follow Ups ] [ Post Followup ] [ Supreme Law Firm Discussion Forum ] [ FAQ ]