More on Quackbuster Racketeering

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More on - Quackbusters Accused of "Racketeering" (RICO) in Colorado...

Opinion by Consumer Advocate Tim Bolen

Friday, August 13th, 2004

The story gets even better... There are two things I need to tell you.

(1) There is now a plain text copy of the lawsuit on the website. Click here...

(2) I had a conversation with attorney Andrew Reid this morning regarding the Colorado RICO action and he explained the complexities of the case. So, here, I'll give you the best information I can.

What, exactly is a RICO case, and how does it apply here?

In the official Colorado complaint there are two paragraphs that are VERY important:

"54. Aetna, Quackwatch, NCAHF, Barrett, Baratz, Dodes, and Schissel, at all relevant times herein, were and are each engaged in joint conduct in the intentional and purposeful transmittal by mail and by wire in interstate or foreign commerce false or fraudulent writings regarding the methods and tools used to diagnose NICO, including the CAVITAT. Aetna and said persons and entities were and are associated in fact for a common joint purpose, and collectively constitute an “enterprise” within the meaning of 18 U.S.C. §1961(4) and C.R.S. §18-17-103(2).

55. Aetna, Quackwatch, NCAHF, Barrett, Baratz, Dodes, and Schissel, at all relevant times herein, were and are each employed or associated with an enterprise, and participated and participates in the conduct of the enterprise affairs through a pattern of racketeering activity in violation of 18 U.S.C. §1962(c) and C.R.S. §18-17-104(3). Said pattern of racketeering activity included and includes, but was and is not limited to, the preparation, publication, dissemination, and transmittal of information by U.S. Mail and by wire through internet web sites by wire and other media, which falsely represented the Plaintiffs’ product and technology, constituting a violation of 18 U.S.C. §§ 1341, 1343, 1347, and 1349, and C.R.S. §18-17-103(5)(a); and..."

RICO cases are complex. The RICO (Racketeering Influenced and Corrupt Organization) Act, according to Black's Law Dictionary "is a law designed to attack organized criminal activity and preserve marketplace integrity by investigating, controlling, and prosecuting persons who participate or conspire to participate in racketeering." RICO actions require certain points to be made (1) ''racketeering activity'' means any act which is indictable under any of the following provisions of title 18, United States Code:...section 1341 (relating to mail fraud), section 1343 (relating to wire fraud), (2) "'person'' includes any individual or entity capable of holding a legal or beneficial interest in property; (3) "enterprise'' includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity; (4) ''pattern of racketeering activity'' requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity.

David R. McCormack, in Racketeering Influenced Corrupt Organizations said "Before criminal or civil liability can attach under RICO, it must be shown that the two or more acts of racketeering alleged in the criminal indictment or civil complaint constitute a pattern of racketeering activity on the part of the culpable person. The statutory definition of pattern requires at least two predicate acts occurring within ten years of each other, with one of them occurring after October 15, 1970. More broadly, thee pattern of racketeering activity is the scheme of unlawful conduct with a nexus to both the culpable person and the enterprise."

Important Point To Make...

I need to make an important clarification. In the Colorado case we have a situation where the Plaintiff is alleging criminal acts on the part of certain persons (Aetna, Quackwatch, NCAHF, Barrett, Baratz, Dodes, and Schissel,). But, in this case, so far, only Aetna is named as an official Defendant - and only Aetna may respond.. The rest are just "named" as participants in the RICO violation. Notice, however, that there is a conspicuous comma right after the name "Aetna" on the lawsuit...

The first question Aetna will be asked, in "Discovery" is, of course, "What is your exact relationship with Quackwatch, NCAHF, Barrett, Baratz, Dodes, and Schissel?"

I'd say that the quackbusters are in a very BAD position... Right where they should be.

Stay tuned...

Tim Bolen - Consumer Advocate

This "Millions of Health Freedom Fighters - Newsletter" is about the battle between "Health and Medicine" on Planet Earth. Tim Bolen is an op/ed writer with extensive knowledge of the activities of a subversive organization calling itself the "quackbusters," and that organization's attempts to suppress, and discredit, any, and all health modalities that compete with the allopathic (MD) paradigm for consumer health dollars. The focus of the newsletter is on the ongoing activities, battles, politics, and the victories won by members of the "Health Freedom Movement" against the "quackbusters" It details "who the quackbusters are, what they are, where they are operating, when they appear, and how they operate - and how easy it is to beat them..."

For background information on the "Battle between Health and Medicine" go to: http://www.savedrclark.net/by_whom2.htm. A copy of THIS newsletter, and older ones, are viewable at the website http://www.quackpotwatch.org/default.htm.

For EVEN MORE interesting and related articles go to http://www.bolenreport.com.