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EVIL THRIVES WHEN GOOD PEOPLE DO NOTHING
(FDA Wins - Humanity Loses)

By Jay Kimball
Former President of Discovery Experimental and Development Inc.

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 offences, 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 Alzheimer's, Parkinson's 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 labelled 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 http://www.Liquid-Deprenyl.com. All pre-trial 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 http://www.Liquid-Deprenyl.com. This posting will remain until October 1, 2000. At that point the entire case, start to finish, will be posted in that website.

Also, as of October 1, 2000, the website 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 website 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 website 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 website 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 website http://www.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".

I wish you all the very best of health.

Sincerely,

Jay Kimball

James T. Kimball

If Jay Kimball could be accused of anything, it’s that he was too honest. He told the FDA several times what he was doing and tried to follow their procedures, but he ended up only giving them the ammunition to destroy him.

James Kimball, known as “Jay,” of Zephyrhills, Florida, developed a product in the late 1980s called Liquid Deprenyl Citrate (LDC), which showed success not only with cancer but with Parkinson’s and Alzheimer’s. It stimulates production of a brain chemical that becomes depleted with age and is necessary for proper immune functioning.

Kimball first contacted the FDA in 1990. A version of the product he wanted to create was being imported from Hungary and sold by a small company, Somerset Pharmaceuticals, owned by two larger pharmaceutical companies.

Kimball pointed out that Somerset’s version had contaminants “detrimental to the actions of the product” and also wanted to know why the FDA restricted information indicating that the product worked for Alzheimer’s. Kimball says on a web site about his case (http://www.discovery-experimental.com), with material written by Kimball, “The FDA threatened me with serious repercussions if Discovery [his company] made public any statement regarding any use of deprenyl not authorized by the FDA.”

Kimball applied to the FDA several times for approval for his product, and his applications were “lost,” ignored, or denied. He finally set up a company in Mexico to make LDC, which was then imported. He also set up a company in Florida, Discovery Experimental and Development, Inc. (DEDI), to make other dietary supplement products.

His motive, according to a “Declaration” on his web site, was not financial. He was already fairly well off when he started DEDI, and he took no remuneration. He also says, “The majority of people, companies and universities that assisted DEDI and GHI/MRI did so to help develop products to help humanity and without payment for their services.”

The government raided DEDI not once but three times (1990, 1993, and 1999). After the first raid, it took nine grand juries for the government to indict Kimball. His wife, Josephine, says that at the last one, “the only reason they indicted him, they never saw actual testimony. The prosecutor and the federal agents and state agents were actually playacting in front of the grand jury, where the jurors couldn’t ask any questions of the witness—because they [the witnesses] weren’t there.” The transcripts, she says, had statements such as, “Well, you read this part as if you were agent W. Smith, and I’ll read this part.”

The 1993 raid involved “the FDA, IRS, California Drug Enforcement, FDLE [Florida Department of Law Enforcement], U.S. Postal Service, U.S. Customs, the Florida HRS Pharmacy Services and others under a federal warrant issued to U.S. Customs in Tampa, Florida.” In addition to business and personal items, they confiscated files containing Kimball’s proprietary information—trade secrets on the synthesis of deprenyl and other products, the identities of customers, FDA application filings, as well as personal records and books, and documents from unrelated companies—to which his competitor, Somerset Pharmaceutical, was later given access. Agents even raided his daughter’s apartment in California, breaking down the door.

Somerset’s interest in eliminating DEDI as competition becomes clear from the economics of the drug. Their product sold for $120–150 for thirty 5-milligram tablets. Kimball estimates their manufacturing cost to have been less than a dollar. His own product sold for $75 for twice as much, 300 milligrams.

Kimball represented himself at his criminal trial in 2000, because he couldn’t afford a lawyer, and the judge refused to appoint one. The judge contended that Jo Kimball should sell their house, which Jay wouldn’t let her do. Kimball also thought, based on what the prosecutor had told the judge, that the maximum sentence would be three years. He got thirteen years, of which he’s done four.

The judge added ten years to the expected three, Jo says, because he “was so furious with Jay because he didn’t have an attorney and things didn’t go the way they should have during the trial.” The additional time was nominally for a “charge of fraud against the FDA—because they couldn’t find anybody he committed fraud against, couldn’t find anybody he stole money from, couldn’t find anybody to complain, so they said he defrauded the FDA.” For various reasons not limited to this case, the Kimballs believe payoffs were involved. As Jo points out, thirteen years for mislabeling a dietary supplement (the purported offense) is unheard of.

The web site has extensive documentation of Kimball’s decade-long battle, including betrayal by various government and industry people and appalling allegations of prosecutorial and judical misconduct. A hit counter on a previous version of the site indicated that it been accessed more than 1.8 million times. According to the site, Jo receives “continuous calls from LDC users crying on the telephone, either dying or degenerating” because they can’t obtain the product.

Even after his conviction, Kimball’s problems didn’t end. The judge had requested that he be kept close to home, and at first he was at Coleman Low in Florida, a minimum-security institution. The attorney for Kimball’s businesses says in a letter, “There is also no question in my mind that Jay is being retaliated against by the officials at Coleman,” and he details several instances of that retaliation.

After the 9/11 attacks, Jo learned that prison guards had been abusive toward Middle Eastern inmates. She learned this because the inmates’ wives told her, in the visiting room. She sent emails to some U.S. senators, and the subsequent inquiry resulted in the warden’s transfer—upstairs. He became an assistant to the regional director in Atlanta. Kimball was subsequently transferred, on a pretext, to Yazoo City, Mississippi, seven hundred miles from home.

Kimball points out on his web site that Yazoo City is unofficially considered a “punishment prison” (although retaliation is contrary to Board of Prisons regulations): “The BOP classifies Yazoo Prison as a Disciplinary/Punishment Low Security Prison; although not publicly.”

Kimball has repeatedly requested a transfer from Yazoo City to a minimum-security prison camp in Florida, nearer his home. The request has been approved at the local level but is repeatedly denied at the regional level, apparently by R. E. Holt, the regional director.

Holt was a friend of the former warden at Coleman and gave him a job in Atlanta, working under Holt, after the warden’s removal from Coleman. Kimball’s transfer to Yazoo City occurred subsequent to this incident and was apparently a result of it. The warden is now deceased, but Holt’s vindictiveness lingers on to prevent Kimball from transferring back to Florida.