President of Queens Firm Found Guilty of Criminal Contempt For Violating Court Order

U.S. Food and Drug Administration- FDA News ^ | dec 2 03 | thylasign

[thylasign]

President of Queens Firm Found Guilty of Criminal Contempt For Violating Court Order Not to Market Bogus Cancer Cure Over the Internet ROSLYNN R. MAUSKOPF, United States Attorney for the Eastern District of New York, and MARK B. McCLELLAN, M.D., Ph.D., Commissioner of the Food and Drug Administration (FDA), announced today that a federal jury in Brooklyn, New York has convicted Jason Vale, president of the Queens based company Christian Brothers Contracting Corporation ("Christian Bros."), of three counts of criminal contempt in violation of Title 18, United States Code, Section 401(3). On April 20, 2000, in a civil suit brought by the United States against Vale and his company Christian Bros., the Honorable John Gleeson entered a preliminary injunction ordering Vale and Christian Bros., during the pendency of the civil suit, not to directly or indirectly sell, distribute, package, label, or promote Laetrile., also known as amygdalin, "Vitamin B-17," or apricot pits. On November 16, 2000, Judge Gleeson ended the civil suit by permanently ordering Vale and Christian Bros. not to sell, distribute, package, label, or promote Laetrile. For years before the civil suit was brought, Vale, through Christian Bros., had sold Laetrile over the Internet in order to cure and prevent cancer, having saturated the public with a massive Internet and "spam" E-mailing marketing campaign which guaranteed persons a cancer free life if they used his products. Laetrile is not approved as a drug for the treatment and prevention of cancer and evidence introduced during the civil suit demonstrated that Laetrile has no known effect on cancer and that it is highly toxic, breaking down in the human body into cyanide gas. Moreover, when cancer patients take Laetrile they often forego conventional medical therapies until it is too late for these therapies to be effective. An undercover investigation conducted by the United States Attorney's Office for the Eastern District of New York and by FDA's Office of Criminal Investigations demonstrated that Vale set up a shell corporation in Arizona through which he continued to sell Laetrile in complete disregard for the Court's injunctions. Although Vale announced over the Internet that he had stopped selling Laetrile because the court had ordered him not to sell it, he continued to tout Laetrile as a cure for cancer and further announced that there were other companies that still sold it. If customers called Christian Bros. and tried to purchase Laetrile, Vale and his employees told them that, although Christian Bros. no longer sold Laetrile, the customers could purchase Laetrile from a wholly unrelated company at a toll free number which he and his employees gave to them. The undercover investigation demonstrated that the toll free number rang inside Vale's own house and that Vale would send the Laetrile to customers from his house under the name of his Arizona shell corporation. Vale and his employees would stamp a Phoenix Arizona "return address" on these outgoing packages which was in fact nothing more than a mailbox which was rented in Phoenix Arizona with Vale's own credit card.

A search warrant executed at the defendant's house during the undercover investigation demonstrated that after the preliminary injunction the defendant had stored in his basement ready to be shipped to customers around the world enough Laetrile to supply a single person for over 242 years.

The jury announced the guilty verdicts on July 21, 2003, following the conclusion of a week long trial. During the trial, supporters of Vale had handed out leaflets to persons who entered the courthouse, including a number of the jurors who were deciding the contempt case against Vale. The leaflet told jurors that they had a constitutional right to ignore the evidence and the Court's instructions if they so chose. This incident was one of the factors taken into consideration by Judge Gleeson in ordering Vale held without bail pending his sentencing.

United States Attorney ROSLYNN R. MAUSKOPF stated that "This office will not tolerate any disregard for the lawful orders of this Court. Nor will it tolerate fraud, especially when it foists dangerous products on a vulnerable public."

Commissioner McCLELLAN stated that "The FDA takes seriously its responsibility to protect patients from unproven products being peddled on the internet by modern day snake oil salesmen such as the defendant in this case. There is no scientific evidence that Laetrile offers anything but false hope to cancer patients."

United States Attorney ROSALYNN R. MAUSKOPF wishes to thank the Office of Criminal Investigations of the Food and Drug Administration for its unstinting efforts to investigate this matter and assist in its prosecution. Sentencing is scheduled for October 24, 2003 at 2:00 p.m., before United States District Court Judge John Gleeson in Brooklyn. The government's case was prosecuted by Assistant United States Attorneys Charles S. Kleinberg and Patricia Pileggi. Marc L. Caden, Associate Chief Counsel to for Enforcement, is assigned to the case from the FDA.

[thylasign]

The Judge has sent Jason a presentencing report requesting 30 years in prison! For those of you who have not heard, Jason's sentencing has been postponed until Dec. 19th @ 12:30 PM. TIME RUNS SHORT.

[Bogey78O]

I believe the article states specifially he didn't get jail for selling apricot extract. But rather attaching unsupported claims to the product in the sale.

Much the same if I sold seawater to people under the guise it's a cure for rheumatism then I wouldn't be sent to jail for selling seawater.

[Alter Kaker]

Laetrile is not approved as a drug for the treatment and prevention of cancer and evidence introduced during the civil suit demonstrated that Laetrile has no known effect on cancer and that it is highly toxic, breaking down in the human body into cyanide gas.

Only 30 years? This man gives cyanide precursor to unknowing cancer patient and this is outrage? BAH!

And what is this "Vitamin B-17?" Is there new "Vitamin B-52?"

[StatesEnemy]

Don't apricot pits (and other fruit pits) contain cyanide?

[thylasign]

(Forgive me if this posts in the Terri thread- I have tried to make a 'new' thread for this topic)

Following text has my own opinions of this situation- sentencing to be on December 19th- and should be recognised as such. I dont know anything about this situation beyond what has appeared in articles- so i post this- hoping that the excellent research skills of freepers will help reveal more information on this case.
Laetrile is legal in Arizona and used as a cancer treatment in Mexico and Germany. The defendant is a 30-so year old man- with a 30 year jail sentence he will be 60 before he gets out...
That effectively destroys a man's whole life, and the lives of his family and friends. Does the infraction here (which happens to be 'criminal contempt(of court)')really warrant a 30 year term? I notice that he was not nailed for selling or possesing 'laetrile' itself.
How much time would he have received if he had been selling street drugs?

well, i would like to know what you all think of this subject, a 30 year old man who had cancer(three times!) and beat it - he took apricot seeds and apparently he believes that the seeds cured him.
he sells and promotes the seeds, as well as an apricot seed extract, "laetrile", legal in Arizona and used as a cancer therapy in Mexico and Germany.
FDA has dealings with him- in the first time he is hauled to court, Jason signs an agreement (contract) basically a cease and desist. HIS LEGAL COUNSEL AT THE TIME ASSURED HIM THAT SINCE THE COURT ORDER ONLY PROHIBITS JASON FROM SELLING THE PRODUCTS AND CLAIMS OF HEALTH BENEFITS, HE MAY CONTINUE LEGALLY IF HE ONLY DOES ONE OR THE OTHER ACTIVITY.
so guess what thats what he does. FDA then, some time later, nails him with undercover bust.
The business address is a post office box in Arizona, which may or may not be skirting the law, but guaranteed, there are plenty of businesses in the mail order industry using post office boxes.
Jason is convicted of three counts of criminal contempt in violation of Title 18, United States Code, Section 401(3)but you can read that for yourself here in the FDA announcment
http://www.fda.gov/bbs/topics/NEWS/2003/NEW00927.html
and here is part of a letter i received, stating that the judge, John Gleeson, has recommended 30 years for that 3 counts of criminal comtempt of court.
i have not asked permission, but here is a portion:

"The Judge has sent Jason a presentencing report requesting 30 years in prison!"

that's a long time.now what gets me is the apparent ambiguous legal status of laetrile, as 'extract' or 'new drug'? the term itself refers to a mix of 2 or three natural chemicals that are present in apricot seed extract.
if 'laetrile' is SO ILLEGAL-why oh why didnt FDA sic the cops on him, bust down his door and 'confiscate' all that contraband?
Judge Gleeson is a promoter of the sentencing guidelines, which promote uniformity in all US court sentencings, according to the crime committed. thus a conviction for drug dealing gets a certain amount of jail time according to the guidelines.
notice tho that the 'drug' aspect is not metioned in the conviction- jason is convicted of 'criminal contempt of court' (violating the cease and desist contract he signed im sure it was voluntarily, in the previous case),only. not of possesing 'laetrile'.
if 'contempt of court' is such a crime, you may as well lock me up (i bet there are a lot of people who woudl like to see that happen ;) )because i am starting to develop quite a case of it.How many street drug pushers are given 30 years- now there is a drug proven dangerous to health. how many people have been killed and how many families ripped apart by street drugs?Jason is 30 and will be 60 years old by the time he gets out.
why did jason's legal counsel imply that the apricot seed/laetrile home business coudl continue if he only dissociate the product line from his promotion of the health benefits? looks like entrapment to me.
Judge Gleeson sentences Jason Vale on December 19. thats not so far away. i feel for that family. that is why i mention this- not to take away from the Terri thread, but the people here have done an excellent job of pulling up possible connections between a judge, lawyer, and (suprise) a health care organization.
it has been pondered that Judge Gleeson may have similar connections, to (and this is pure speculation)pharmaceutical, medical, or WHOever would not want apricot seeds/laetrile promoted as a cancer therapy.
i dont think that is it, i speculate that it lies with the FDA itself, or a link between FDA and some unknown interest. it looks like a favor to me.
here is that FDA sentencing link again. and here is a list of the people proud enough to put their names on it.
so without taking anything more away from Terri's thread- how do i start a new one on the Jason Vale case? email me
if you wish at thylasign@aol.com and i am only occasionally at a computer.

http://www.fda.gov/bbs/topics/NEWS/2003/NEW00927.html


Peggy Long, U.S. Attorney's Office

Jason Brodsky, FDA Office of Public Affairs

ROSLYNN R. MAUSKOPF , United States Attorney for the Eastern District of New York

MARK B. McCLELLAN , M.D., Ph.D., Commissioner of the Food and Drug Administration (FDA),

United States District Court Judge John Gleeson in Brooklyn

Assistant United States Attorneys Charles S. Kleinberg and Patricia Pileggi. Marc L. Caden, Associate Chief Counsel to for Enforcement, is assigned to the case from the FDA.

[weegee]

Could you change the headline to the correct headline from the website?

President of Queens Firm Found Guilty of Criminal Contempt For Violating Court Order Not to Market Bogus Cancer Cure Over the Internet

[SylvesterPennoyer]

Just to play devil's advocate here, but maybe the breakdown into cyanide actually makes it effective against cancer. I'm no expert on this, but isn't chemotherapy poison too, which is why it kills the cancerous cells?

[Newbomb Turk]

Defrauding the sick should get you a long prison term. What do you see as the problem here ?

[Agnes Heep]

I believe the convictions were for contempt of court. Thirty years is a pretty long sentence, but contempt of court is a serious matter, unless your name is Bill Clinton.

[general_re]

For those of you who have not heard...

Lemme guess - Jason's a friend and/or relative of yours, right?

[steplock]

The problem I would say is that he has broken NO LAWS?

If Laetril was so dangerous - and proven so - would it not be listed as a dangerous drug? Oh, that's right, it would be hard to list a fruit eaten the world over as a dangerous drug.

Well not hard, since they've labeled a medicinal herb, with many many commercial uses a dangerous drug already ... hemp!

So let's break this down...

1. Laetril is NOT illegal
2. Selling laetril is NOT illegal
3. telling people you were cured by using laetril (IF you think that what did it) is NOT illegal

BUT ... if you tell someone that Laetril MIGHT help them IS ILLEGAL ??

The only crime this person has committed is, basically, insulting a judge.

THAT is going to cost him 30 years? You would get LESS TIME FOR MURDERING THE JUDGE --- no?

Hmmm... let's see ... 30 years for selling apricot seeds or 10 years (with good behavior) for "offing" a delusional judge?

[ChemistCat]

My mother-in-law was telling me that the Inuit have traditionally prescribed a rotting, spoiled meat diet for anyone who develops cancer. She told me that the diet has cured people who have forms of cancer called incurable by Western medicine. Like all anecdotes, this one must be taken with a grain of salt. However....

Chemotherapy is the use of high doses of toxins and growth inhibitors that are particularly well-taken-up by rapidly growing and rapidly dividing cells--cancer cells, as well as cells in the digestive tract, hair growth cells, et cetera. That's what chemotherapy IS--poisons that kill all growing/dividing cells. Chemotherapy makes the patient sick, nauseated, anorexic, etc., and makes the patient lose hair for a very good reason. There are many drugs that work on the growth cascade process. Laetril may well be one of them. If I understand this correctly, the drug is indeed a precursor for CN (cyanide) but this breakdown occurs in the cytosol--so it must be taken into a cell before it degrades, and if it is absorbed best by cancer cells, it might be pretty effect chemotherapy. Or at least moderately effective. Or not--who knows?

I wouldn't want to say that rotting meat isn't, also, a very effective, low-tech form of chemotherapy. I'd rather get my cancer cure through a needle, but if rotting meat is what you HAVE and you want to live, that's what you'd do, I guess. The same goes for Laetril. The problem this guy has is that in our system the only legal way to market a cure is with millions of dollars in controlled studies that probably cause more deaths than he has caused with his cure.

The system is set up to protect us from that quack selling sea water as a cure for something far more serious than rheumatism--that's murder just as surely as putting a pillow over someone's face is. I just personally don't want to be protected from the Arizona equivalent of the Inuit. If his cure has worked for ANYONE it is at least as useful as many meds that get through the FDA approval process.

I want to decide for myself what to ingest and what not to ingest. I want my doctor to have any and all chemicals on his list of prescribable drugs. I want my pharmacist to be able to give me THC, purified and in variable-dose tablet or capsule form, if that is what is good for my illness. That should be up to my doctor and to me! My neighbor can be ethanol in unlimited quantities, and use it purely for recreational purposes--and he's only taxed.

I don't see anything in the Constitution that gives the government control over me and my medical providers in this respect, and I really resent it that laws have been made on this at the Federal level. They should all be thrown out. They are not Constitutional. They are not moral. And they're not stopping irresponsible, lawbreaking people from doing any and all drugs for any and all reason. It's only stopping those of us who are law-abiding from intelligent use of all possible options when we are ill.

[candeee]

I don't think you're allowed to use logic on this kind of topic on FR anymore.

[thylasign]

Hi- glad to get a response so soon!
AlterKaker- i have been following a few articles about the Vale case and it has been mentioned that there seems to be a 'spin' of the conviction.
it seems to imply that he was convicted for the possesion/sale of laetrile, to me anyway.
However- the FDA paper states :
"Found Guilty of Criminal Contempt For Violating Court Order.... of three counts of criminal contempt in violation of Title 18, United States Code, Section 401(3)"

website- http://www.seedoffaith.com/ describes the whole case, there was an earlier case in which Jason signed a contract (the court order). He was not convicted of possesion/selling laetrile at that time either.

StateEnemy- yes there is a cyanide containing compound in apricot seeds. The cyanide is linked to another chemical, off the top of my head it is a type of sugar molecule.
The cyanide is released when this molecule encounters an enzyme also contained in the apricot seed, as when crushed (or chewed).
Actually- there are many plants that have 'cyanide' in a similar form in them- i can name a few- cherry, plum, sudan grass, probably honeysuckle... the chemicals were called 'cyanogenic glucosides'.

What makes this issue important to me- my father is terminal with metastatic renal cell cancer. He was referred to one of the finest clinics, only to have the cancer doctor there refuse him and tell him that he wasted his time.
There is no treatment for him, but radiation to ease his suffering- and it did help a lot, though this is temporary. According to that doctor- he has a few more months.
Now- i know there is a lot of sham scam and things like that out there. But there is no option for any treatment for someone who is terminal- at least, even if new unproven drugs have to go through the FDA approval process- there should be an option for terminal patients to accept any risk they wish and try brand new drugs if they so desire.
However- they dont. So i feel that if the Drug industry is not going to at least provide CHOICE to the terminal, then they should be able to try any treatment they may choose.
The most awful thing anyone can hear from a doctor is that there is nothing that you can do. go home and die.

[thylasign]

im really sorry moderator, i am new to this forum style.
i understand why and i will try to change it immediately.
if i dont succeed- could you change it. i dont want to lose this thread or the privelege of posting. thantks

[Newbomb Turk]

I was only asking for an opinion. I am not aware of the case but I will tell you this. I beleive people should be able to take whatever they like in the way of supplements or what ever you would like to call them.

That said sellers of such substances need to be very careful as to what they promise in the way of results.

I have lifted weights for 25 years now and the more I learn about my body the more I think my doctor dosen't know.

Also when I look back in my magazines as to what was the hot supplement of the day 15- 10 or even 5 years ago it's easy to realise that most of this stuff is nothing more than a big scam.

[general_re]

I don't see anything in the Constitution that gives the government control over me and my medical providers in this respect, and I really resent it that laws have been made on this at the Federal level.

It's called the Commerce Clause, and it explicitly gives Congress authority over interstate commerce, such as websites that sell across state lines. Congress has duly delegated authority for this to the FDA, so that takes care of the constitutional issues.

Now, on to Laetrile:

In response to political pressure, the National Cancer Institute did two studies involving Laetrile. The first was a retrospective analysis of patients treated with Laetrile. Letters were written to 385,000 physicians in the United States as well as 70,000 other health professionals requesting case reports of cancer patients who were thought to have benefited from using Laetrile. In addition, the various pro-Laetrile groups were asked to provide information concerning any such patients.

Although it had been estimated that at least 70,000 Americans had used Laetrile -- only 93 cases were submitted for evaluation. Twenty-six of these reports lacked adequate documentation to permit evaluation. The remaining 68 cases were "blinded" and submitted to an expert panel for review, along with data from 68 similar patients who had received chemotherapy. That way the panel did not know what treatment patients had received. The panel felt that two of the Laetrile-treated cases demonstrated complete remission of disease, four displayed partial remission, and the remaining 62 cases had exhibited no measurable response. No attempt was made to verify that any of the patients who might have benefited from Laetrile actually existed. The reviewers concluded that "the results allow no definite conclusions supporting the anti-cancer activity of Laetrile."

Although the NCI mailing had not been designed to uncover negative case reports, 220 physicians submitted data on more than 1,000 patients who had received Laetrile without any beneficial response.

In July 1980, the NCI undertook clinical trials of 178 cancer patients who received Laetrile, vitamins and enzymes at the Mayo Clinic and three other prominent cancer centers. The study included patients for whom no other treatment had been effective or for whom no proven treatment was known. All patients had tumor masses that could easily be measured, but most of the patients were in good physical condition. Since Laetrile proponents were unable to agree on the formula or testing protocol for Laetrile, NCI decided to use a preparation that corresponded to the substance distributed by the major Mexican supplier, American Biologics. The preparation was supplied by the NCI Pharmaceutical Resources Branch and verified by a variety of tests. The dosage of Laetrile was based on the published recommendations of Krebs, Jr., and the Bradford Foundation.

The results of the trial were clear-cut. Not one patient was cured or even stabilized. The median survival rate was 4.8 months from the start of therapy, and in those still alive after seven months, tumor size had increased. This was the expected result for patients receiving no treatment at all. In addition, several patients experienced symptoms of cyanide toxicity or had blood levels of cyanide approaching the lethal range [7]. An accompanying editorial concluded:

Laetrile has had its day in court. The evidence, beyond reasonable doubt, is that it doesn't benefit patients with advanced cancer, and there is no reason to believe that it would be any more effective in the earlier stages of the disease . . . The time has come to close the books. [8]

Source

[PAR35]

having saturated the public with a massive Internet and "spam" E-mailing marketing campaign

Sorry, but I have no sympathy for any spammer.

[steplock]

the message wasn't personnaly sent to you - you had a good point, and it made me think of a really fun way to stir things up with the "Libertarian Viewpoint" of law.... which I think that I'm starting to believe in more and more!

Especially with what our "representatives" are cranking out at ALL levels of govt.

Does anyone remember back to the early 60's BEFORE the massive push towards strangle-hold law creation?? I think our present "book of Laws" is probably 1000% bigger than it was back then.

Perhaps the occasional revolution IS good for the freedom of mankind?

[thylasign]

moderator- i have tried to change that title- when i went there from the front (home) page i see the title that you request.seems to have been changed.
i hope that it is ok now.tell me if not.

others:im back now.

i have no idea if there is a "b 17" or not.as per botany learning, apricot seeds contain a 'cyanogenic glucoside'

whether or not this is a 'scam'- there is a famous old saying 'caveat emptor', buyer beware. the man is TERMINAL. he is not going to live anyway. What ever happened to choice? Why cant i get laetrile if i WISH to?

i dont know Jason. I simply remembered the 'laetrile' controversy- went to computer, looked it up, and there he was with the apricot seeds and products.
And I read the timeline of the case there.
Seems to me rather ODD that a harsh sentence would come of that- without an EXTENSIVE list of damages by the plaintiffs. I mean- i want to see the list of people whose lives were ruined or destroyed by Jason's products.
i fully expect that list.
i believe that Jason has broken laws- they are right there yes its interstate commerce.
Perhaps if we read all of the UCC we can find more laws that may have been broken.(thats quite a long read!)
Is his crime, contempt of court, worth 30 years of his life? what would a violent criminal get?
spamming is annoying and i think that i got a vale (maybe) spam years ago. yes i didnt like it, and i didnt bother with it. apparently he had a previous case with aol, which was settled separately and before this case.

like it or not- laetrile has made a grass roots comeback.and there is some research on 'cyanide' you will notice the chemical, linamarase, present in the common hydrangea- at least some of the wild species. cyanide containing chemicals are common in many plants and remain stable, not releasing the cyanide, until the plant is bruised or eaten. a chemical reaction occurs when the cyanogenic glucosides mix with the enzyme- releases the cyanide and a very bitter taste.
a similar effect can be seen in an onion- it contains a sulphurous chemical,and when cut- this mixes with enzyme to make that onion smell. uncut the bulb has very little odor since the chemicals are separated.

below is a general interest article on cyanide gas considered as therapy for cancer. i did follow up on that story and the patent has been bought up by a pharmaceutical middleman (?) of sorts. of course this is interesting but too late to help my family.

http://www.howstuffworks.com/news-item212.htm

"Cyanide Has Potential as Cancer Fighter


Sept. 11, 2000

Early tests have shown the deadly poison cyanide to be an effective, safe weapon in fighting cancer, according to scientists at London's Imperial College.

In a paper presented at the British Association's Festival of Science meeting, the researchers said that they are mimicking a cyanide-generating system used by some plants, such as the hydrangea and the African potato, as a natural defense to fend off insect attacks. The plants contain an enzyme, called linamarase, which is capable of generating cyanide when animals or insects damage the plant, in order to deter further attacks.

This cyanide-producing enzyme is attached to a cancer-seeking antibody that, when injected into the body, is capable of recognizing a protein that exists only in certain cancers. The combined antibody and enzyme molecule has been shown to generate small amounts of cancer-killing cyanide when a second, non-toxic substance is introduced to it. This method, called Antibody Guided Enzyme Nitrile Therapy (AGENT), could lead to a safe and effective way to kill cancer cells without harming the body's healthy tissue.

"We have demonstrated that this system is able to specifically kill tumor cells by cyanide intoxication," said Dr. Mahendra Deonarain of Imperial College's department of biochemistry, whose research was funded by the biopharmaceutical company Antisoma.

The cancer-killing treatments currently available cease to be effective as cancer cells develop a resistance; but cancer cells are unable to build up a resistance to the effects of cyanide. Despite cyanide's deadly nature, the small amount generated by this technique is only enough to kill the cancer cells; it does not harm the healthy cells around the tumor. Plus, a natural enzyme produced by the liver detoxifies any cyanide that does seep away from the tumor and into surrounding tissue.

The next step in the research process is to test the drug on humans. Antisoma has no immediate plans to market the AGENT method."