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As a brief summary will show,
the Attorney General’s blatant disregard of normal practice and
precedent clearly demonstrates his bias.
First of
all, when the Attorney General brought his action there were no
– I repeat – no complaints about our product on file with his
office. Rather, they were brought in response to a newspaper
story concerning another matter in which I had no interest.
Secondly,
as soon as we were notified that there was some question about
the promotional material it was immediately and voluntarily
withdrawn from circulation and has not been distributed since.
Third, because in an administrative
proceeding the rules of evidence and constitutional guarantees
available in a court of law do not apply, my ability to mount a
defense and answer the spurious allegations brought by the
Attorney General was essentially nullified. As an attorney who
has been a member of the Bar for more than forty years, the lack
of due process and denial of basic constitutional rights I
experienced was a stunning revelation. For example, the
administrative law judge refused to allow the majority of our
witnesses to testify, including our experts. At the same time,
she allowed the State’s “experts” to hold forth even though they
admitted to having no knowledge about the subject about which
they were testifying. It is interesting to note that the
Attorney General has never lost a case of this kind before this
forum.
Fourth,
during the course of the hearing no mention was made of cesium.
Given that there are more than 770,000 licensed physicians in
the United States and hundreds of thousands of Ph.D. scientists,
the Attorney General could not find ONE to dispute the
efficacy of the High pH Therapy!
Fifth, if
cesium is so ineffective and even dangerous, why hasn’t the
Attorney General used his broad powers to ban its sale and use
in Maryland?
Sixth, the
regulation of dietary supplements is the responsibility of the
Food and Drug Administration. The regulation of interstate
advertising is the responsibility of the Federal Trade
Commission. Yet, neither of these agencies brought an action!
Seventh,
during the proceeding the Attorney General’s prosecutor admitted
that he didn’t care whether or not the treatments worked. He was
only concerned with whether we had followed the bureaucratic
rules!
A
final question is why the Attorney General chose to include me
in the action to begin with. I had invested in the company to
help it get started because I believed that its products could
help people. Once I recouped my initial investment I withdrew
from participation. In other words, I never made a nickel from
that investment. Moreover, I never had an active role in its
management. Including me in the action was the equivalent of
including stockholders in Ford Motor Company as liable for suits
resulting from the problems their SUVs experienced with
Firestone tires!
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