Showing posts sorted by relevance for query 18C95. Sort by date Show all posts
Showing posts sorted by relevance for query 18C95. Sort by date Show all posts

Wednesday, May 16, 2012

US 18C95 Sec 1958: Murder For Hire: UPDATE: FDA Is Hiding Reports Linking Psychiatric Drugs To Homicide

FDA Is Hiding Reports Linking Psychiatric Drugs To Homicide

Dear UCSF:

This post is dedicated to the Moronic Typhoid Mary working there who owned the unbridled temerity to beg the question, via internet search, "What harm is there in one prescription/poisoning with J&J's Risperdal." Hang onto your Research Grant, Idiot, because you haven't seen the Tenth of it.


In 2008 the FDA made a grab for Pre-Emption. FDA wanted the last word on drug and device safety. This coup, had it succeeded, would have pre-empted consumer lawsuits against drug and device makers after they’d been injured, If FDA had won, “Too bad, we certified it, end of story”. The 7th Amendment guarantees Citizens the right to trial by jury in matters exceeding $20. FDA’s position was, “go soak your head.”





FDA tried to invoke the Constitution’s Supremacy Clause: which would have been usurping the authority of Congress. Congressman Braley & co. sent pre-emption packing. What do we learn from this?
What we learn, in reaffirmation that even the most nuanced among us can digest but obdurately refuse to acknowledge is that FDA, its rules, regulations, and delusions of PDUFA corrupted regulatory grandeur is a Creation of Congress and Not the Equal or Superior of Congress. FDA is Congress Dogsbody. 
Congress Does have the Final Word, (regardless of what you may Think of the current Congress) and that Word has already been uttered in Black and non-FDA overrideable US Federal Law. 
USC 18C95 Sec 1958, the Skull at The Banquet, Mandates that each and every prescription for FDA approved Risperdal and any other drug featuring murder as a "side effect/Direct effect" toss the prescriber into a Federal Penitentiary for up to 10 years even if murder does not result from it.


-CITE-

    18 USC Sec. 1958                                            01/07/2011



-EXPCITE-

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

    PART I - CRIMES

    CHAPTER 95 - RACKETEERING



-HEAD-

    Sec. 1958. Use of interstate commerce facilities in the commission

      of murder-for-hire



-STATUTE-

      (a) Whoever travels in or causes another (including the intended

    victim) to travel in interstate or foreign commerce, or uses or

    causes another (including the intended victim) to use the mail or

    any facility of interstate or foreign commerce, with intent that a

    murder be committed in violation of the laws of any State or the

    United States as consideration for the receipt of, or as

    consideration for a promise or agreement to pay, anything of

    pecuniary value, or who conspires to do so, shall be fined under

    this title or imprisoned for not more than ten years, or both; and

    if personal injury results, shall be fined under this title or

    imprisoned for not more than twenty years, or both; and if death

    results, shall be punished by death or life imprisonment, or shall

    be fined not more than $250,000, or both.

      (b) As used in this section and section 1959 -

        (1) "anything of pecuniary value" means anything of value in

      the form of money, a negotiable instrument, a commercial

      interest, or anything else the primary significance of which is

      economic advantage;

        (2) "facility of interstate or foreign commerce" includes means

      of transportation and communication; and

        (3) "State" includes a State of the United States, the District

      of Columbia, and any commonwealth, territory, or possession of

      the United States.


Here’s how it applies:

                  1: Are Interstate Commerce Facilities in the US being used to distribute the drugs?

                  Yes (commercial trucking, air freight, rail, UPS etc, & using US mail, electronic mail to bill, pay for the product, pay the employees, Should have the US Postal Service prosecuting under this statute as well as for Federal Mail Fraud.)
                  2: Are people/employees being Paid/Hired to distribute the drugs using Interstate Commerce Facilities?

                  Yes

                  3: Do the drugs cause Murder?

                  Yes

                  4: Are the prescribers in possession of the Knowledge that the drugs cause Murders?
                  In California, Risperdal requires registration with the Cal. State Police and every prescriber Knows it.
                  The State Police don’t have time to concern themselves with Diabetes, Tardive Dyskinesia, Brain Death, Heart Attacks, or even Suicide.
They DO concern themselves with murder.
                  No more proof is needed. And since State Police Registration makes the drugs a Violation of USC 18C95 Sec 1958 in California, it therefore makes the drugs a Violation of USC 18C95 Sec 1958 in All 50 States because no State Government may grant itself authority superior to Federal Authority in this question. And the Top Dog in this question of Federal Authority is Congress, not FDA.
                  Pleading the Statute’s non-applicability as a defense due to the difference between murder, manslaughter, and negligent homicide is not an option, because Every prescriber knows the Police Registration routine. Ignorance, which would reduce the nature of intent to a lesser offense through incorporating the element of negligence is precluded by the Police Registration requirement which does establish all the premeditation to violate required to convict.  
                  And once you walk through the 1958 door you find the doors to sec 1957, 1956, and 1952 also unlocked.
                  18C95 sec 1958 doesn’t specify that the victim of murder be identified by name or in any other fashion, only that the end result be murder. Nor does it specify that the victim be the person/Manchurian Candidate used as the weapon by the causative, initiative agents/drugs/prescribers. 
                  If the people involved in any aspect of these drugs reaching the public involve Interstate Commerce Facilities in Any way, then there Are grounds and Courts do have jurisdiction to hear the argument.
                  And Furthermore;
                  The Statute doesn’t state that violation even requires actually crossing a State Line. It criminalizes using Interstate Commerce Facilities. So, even if the attempt, (which doesn’t have to be completed: in this case the murder causing drug), meets the criteria of the “or conspires to do so” clause, so long as Commerce Facilities such as Banks, Savings & Loans, Wire Services for transferring money which as a part of their everyday, legal Commercial activities do transfer money across State Lines, and/or commercial shippers which engage in Legal Commerce across State lines become involved at all, the Racketeering Statutes make even the attempt a prosecutable offense.
                  As for the clause “or conspires to do so”, all That requires is proof that as few as two people cooked up a plan to sell the stuff which involves using Interstate Commerce Facilities of Any sort in Any way shape or form. So long as murder Can result, and it Has resulted, this Statute is applicable.
Notice also that it includes the words “Foreign Commerce” so it Should grant the Government and Citizens of Nations outside the US legal standing to prosecute any American Based company or company that does business in America in an American Court, for violating American law just for Using Any Institution of already Lawful Commercial Activity in other countries.

The United States Congress does have the authority to repeal this Statute. FDA does not. But even If Congress repealed it, that would only remove the use of Interstate Commerce Facilities from the question, because not even Congress has the authority to over ride prohibitions against murder.




Returning to our UCSF Curious George:


If you alleged people didn't already Know and know Full Well what harm there is in One Prescription or a Million prescriptions for this drug, the former Head of your table rapping scienced, Illuminati deluded,  Psychiatry Dept, AND the Entire SF Mental Health Board wouldn't have run through their "These 2 Hospitals and their Prescribing Staffs Don't Even Exist" Skit at SF City Hall in 2007. SFMHB 06/13/07




We broke this story Here in October 2010, and aside from a few inquisitive visits from UCSF and the Municipal Govt of C&C San Francisco, absolutely Nothing has been done about it which we're aware of. And Why might that be? 


With $200 Million a year worth of bought and paid for make work, junk science, sell the damn product for Chrissakes, jobs owing their bought and paid for voting loyalties to the political people at the top?


Everybody in this life who gets a paycheck has a Supervisor above them. Who was Dr FG Lu's Supervisor as the Chief Psychiatrist at UCSF?


UC Regents Powerhouse Chief, Richard Blum 


"Democratic political force Blum, 72, has been married to U.S. Sen. Dianne Feinstein, D-Calif., for nearly 30 years and counts the Dalai Lama and Al Gore among his good friends. He was a behind-the-scenes force in Democratic politics for years before being appointed in 2002 by then-Gov. Gray Davis (yes, that's Gov Grey Davis who so Infuriated the voters with his Incompetence and Panderings to special interests that just a year later, the Voters Dragged him Out of Office in a special Recall Election) to a 12-year term on UC's governing board.








Wednesday, July 13, 2016

18C95 Sec 1952: Interstate and Foreign Travel or Transportation In Aid of Racketeering Enterprises

It's illegal.
FDA Hiding Reports Linking Psych Drugs To Homicide

18C95 Sec 1952 Interstate and Foreign Travel or Transportation In Aid of Racketeering Enterprises

(a)Whoever travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce, with intent to—
(1)
distribute the proceeds of any unlawful activity; or
(2)
commit any crime of violence to further any unlawful activity; or
(3)
otherwise promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any unlawful activity,
and thereafter performs or attempts to perform—
(A)
an act described in paragraph (1) or (3) shall be fined under this title, imprisoned not more than 5 years, or both; or
(B)
an act described in paragraph (2) shall be fined under this title, imprisoned for not more than 20 years, or both, and if death results shall be imprisoned for any term of years or for life.
(b)
As used in this section (i) “unlawful activity” means (1) any business enterprise involving gambling, liquor on which the Federal excise tax has not been paid, narcotics or controlled substances (as defined in section 102(6) of the Controlled Substances Act), or prostitution offenses in violation of the laws of the State in which they are committed or of the United States, (2) extortion, bribery, or arson in violation of the laws of the State in which committed or of the United States, or (3) any act which is indictable under subchapter II of chapter 53 of title 31, United States Code, or under section 1956 or 1957 of this title and (ii) the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(c)
Investigations of violations under this section involving liquor shall be conducted under the supervision of the Attorney General.
(d)
If the offense under this section involves an act described in paragraph (1) or (3) of subsection (a) and also involves a pre-retail medical product (as defined in section 670), the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under subsection (a) is greater.
(e)
(1)
This section shall not apply to a savings promotion raffle conducted by an insured depository institution or an insured credit union.
(2)In this subsection—
(A)
the term “insured credit union” shall have the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752);
(B)
the term “insured depository institution” shall have the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and
(C)
the term “savings promotion raffle” means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)).

Thank You Cornell Law.

Tuesday, August 14, 2012

Corporate Fraud Cases Often Spare Individuals

The New York times has; (hat tip to taxpayers against fraud, www.taf.org)

Corporate Fraud Cases Often Spare Individuals

But a top government enforcement official gave another reason, saying it was often too difficult and expensive to find evidence that clearly linked individual actions to corporate wrongdoing. Senior executives in particular are often insulated from day-to-day decisions, the official said, and have learned to steer clear of e-mails or other evidence that might prove that they knew the company was breaking the law. The official spoke on the condition of anonymity because more companies and executives were expected to be taken to court. ..... "
[Ed, "Let's all WRITE This next quote from Mr. West on a Post It Note and stick it up right next to our computer so we Won't forget it.]

" ..... The Justice Department said its prosecutors assessed how strong the evidence was and the likelihood of a successful trial in deciding whether to charge individuals. Even if a company has settled a case, it said, an investigation of individual conduct can continue and might eventually result in charges.
To the extent you do not see many individuals being held accountable, that’s not because of a lack of will on the part of the Department of Justice,” said Mr. West, the acting associate attorney general. “There is a lot of behavior that makes us angry but which is not necessarily illegal. If the evidence is there, we won’t hesitate to bring those cases. ..... ”
[Ed, Johnson and Johnson has been 'Finalizing' a Fed DOJ buyout on their Risperdal problems. A few months ago J&J was adamant that DOJ was not getting their hands on New J&J CEO Alex Gorsky to depose him regarding what he knew and had a hand in regarding Omnicare kickbacks and more.

DOJ Wants Incoming J&J CEO Gorsky  Re: Omnicare Kickback Allegations

The buyout price being bruited about is $2.2 Billion.

J&J Risperdal Agrees To Pay Obama DOJ's Parking Ticket.

Let's see if Gorsky's deposition gets swept off the table when the buyout does get 'Finalized'.

“There is a lot of behavior that makes us angry but which is not necessarily illegal. If the evidence is there, we won’t hesitate to bring those cases. ..... ”

 not necessarily illegal,

18C95 Sec 1958: Murder For Hire

If the evidence is there, ..... 

'Mental Health' In San Francisco: Link Fest

Did somebody get President Clinton to redefine the word "Evidence"?

To the extent you do not see many individuals being held accountable, that’s not because of a lack of will on the part of the Department of Justice,

Wednesday, October 19, 2016

Obama Shifting Terror Prevention To Teachers and Mental Health Swindlers

redstate
October 19, 2016 by Jim Jamitis



Here we go again with the collectivist bought and paid for Liar in Chief announcing yet another K-Mart Blue Light Special on the American Citizen.

If you don't know where you've already been, . . .

Doesn't even, scratch, the surface.

Mr Jamitis/Redstate article below.

As part of a new strategy for combating radical Islam "violent extremism" President Obama is launching a new strategy: "community based prevention of violent ideologies."

The 18-page plan, to be announced on Wednesday, marks the first time in five years that the Obama administration has updated its policy for preventing the spread of violent groups. Authorities blamed radical and violent ideologies as the motives for attacks in the last year in Charleston, South Carolina; San Bernardino, California; Orlando, Florida; New York and New Jersey.

A self-styled white supremacist is accused of shooting dead nine black people inside a historic African-American church in Charleston and the other shootings and bombs were inspired by Islamist militants.

That's some high-quality H2O-carrying by Reuters.

NINE DEAD BLACK PEOPLE KILLED BY A WHITE SUPREMACIST and some "other" shootings and bombings committed by radical Islamists that may have killed some people, but we're not really sure how many or what they looked like. The details are still unclear.

The White House appears to be catering to the concerns of terrorism linked groups like CAIR.

Civil liberties groups, including the Council on American-Islamic Relations, have criticized the current model as one that sows distrust in Muslim communities in the United States. Federal prosecutors, who are charged with conducting terrorism investigations, also lead prevention efforts.

You know what really sows distrust? Terrorism. Just saying.

Prosecutors would still have a role in prevention efforts under the new policy, including arranging after-school programs, but they would not be allowed to use those settings for intelligence gathering.

Nothing prevents terrorist attacks quite like placing arbitrary limitations on intelligence gathering.

Under the new guidelines, "local intervention teams" made up of mental health professionals, faith-based groups, educators and community leaders will assess the needs of individuals who may be showing signs of converting to a violent ideology.

It will be like an Afterschool Special where that one cool teacher keeps it real, "You're looking a little extremist lately, champ. What's up with all the suicide vests? Let's play some catch in the park and talk about it."

Local law enforcement officers may also be part of the team, but not federal prosecutors.

"We determined that efforts to build intervention teams are less likely to succeed if they are driven by the federal government," said Brette Steele, acting deputy director of the U.S. government's Countering Violent Extremism Task Force, suggesting that the teams should instead be community-led.

While the federal government under Obama's leadership is quick to demonize and micromanage local law enforcement in order to appease one constituency, they're pulling back to appease another. In both cases they don't seem to be taking the ultimate goal seriously. Why do you suppose they never worry about sowing distrust with law abiding Americans?

Thank You Redstate and Mr. Jamitis.

Thursday, April 11, 2013

Pharma Reps Aren't Talking About Drug Risks, Study Finds

Fierce Pharma has;
Pharma Reps Aren't Talking About Drug Risks, Study Finds

Serious side effects disclosed in fewer than 1 in 10 sales calls, surveyed doctors say

Doctors aren't getting the skinny on drug side effects from pharma reps, a new study finds. Even the most serious risks are often overlooked, the survey found. And while probes of off-label marketing abound, enforcement of risk disclosures during sales visits is mostly absent.

"Laws in all three countries require sales representatives to provide information on harm as well as benefits," lead author Barbara Mintzes of the University of British Columbia said in a release. "But no one is monitoring these visits and there are next to no sanctions for misleading or inaccurate promotion."

Researchers surveyed 255 family physicians in Canada, France and the U.S. The doctors were asked to fill out forms after each sales call. In all, some 1,700 visits were recorded between May 2009 and June 2010. Most of the doctors reported receiving little to no information about harmful side effects; in fact, sales reps failed to offer any information about side effects and contraindications in 59% of the visits recorded.

In fact, serious risks were mentioned only 6% of the time--despite the fact that almost 6 out of 10 of the promoted drugs carry "black box" safety warnings.

French reps were the most conscientious. They offered info on serious risks during 40% of their visits. Canadian reps were least likely to share risk information; Vancouver salespeople disclosed no potential harms for 66% of the drugs they promoted, the study found. Significant contraindications came up only 14% of the time in both Vancouver and Montreal. The U.S. reps were slightly better, sharing those contraindications 17% of the time.

- get the release on the study
- read the
 Vancouver Sun piece

Related Articles:
Med students cheer schools for policing pharma conflicts
Indian sales reps strike to demand strict drug-promo rules
Novo faces sales-rep action on OT pay



Thank You Fierce Pharma and Ms Staton


You Don't Say!

And why might this be?

 US 18C95 Sec 1958: Murder For Hire

And those selfless, 'Caregiving' Doctors can't be bothered to Ask.