Closing Argument (6)

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Further evidence that T-Up and cesium chloride are both safe and effective in treating a number of different health problems is the affidavit testimony of Dr. Powers, who both used T-Up personally and has provided it to his cancer patients to assist them in combating their cancer. Dr. Powers is the Director of the Cancer Treatment Center at Divine Providence Hospital. In his affidavit, Dr. Powers testified that he read and understood T-Up's literature and found the company's representations to be truthful based on his experience with the company's products.

The State has failed to make a prima facie case to prove its claims in ¶¶ 5 and 6 of the Statement of Charges against Neal Deoul. The State claims that Neal Deoul participated in the day-to-day operations of T-Up, but did not provide any proof to substantiate this claim. Rather, the overwhelming weight of the evidence was to the contrary. Virtually every consumer witness who testified at the hearing reported having conversations with Allen Hoffman, not Neal Deoul. Most of the consumer witnesses never heard of Neal Deoul and had no contact with him. In addition, Scott Van Horn testified that, to his knowledge, Neal Deoul had little involvement in the company. Mr. Van Horn testified that he is not sure what Neal Deoul did when he was in the office, and that he frequently was out of the office traveling with his wife. Dr. Knudsen, the sole witness out of almost 4,000 potential witnesses who testified that he spoke about T-Up with Neal Deoul over the phone at Mr. Deoul's home, is a flimsy and grossly insufficient basis to hold Neal Deoul in this case. This isolated conversation does not satisfy the State's burden.

There simply was insufficient evidence for the Court to conclude that Neal Deoul participated in the daily operations of T-Up, and in particular, in the creation and implementation of T-Up's advertising practices.

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