Quackbuster "expert witness" may be charged with PERJURY in Florida Case...
Opinion by Tim Bolen
March 31st, 2001
Massachusetts "Quackbuster" Robert S. Baratz MD, DDS, PhD hopped on a plane last January, from Boston to Florida, to show up in a West Palm Beach courtroom as a "surprise rebuttal witness" in the Florida Dental Board vs Phillips case.
What a belly laugh that was. Baratz made a total ass out of himself during the deposition, then walked out when he didn't like the questions he was being asked. And, after the dust settled, the story got even better...
Seems Baratz had a MAJOR problem, during the deposition testimony, staying within the bounds of truth. So much so that PERJURY charges may be on the horizon.
Baratz LIED about his qualifications on his CV resume BIG TIME. Baratz is one of de-licensed MD Stephen Barrett's (www.quackwatch.com) top lieutenants in the floundering "quackpot menace."
Baratz testified (under oath) that he was a Consultant for the Food & Drug Administration (FDA) Office of Criminal Investigation (OCI), and as such had insider knowledge of FDA policy and thinking. He sounded impressive and authoritative in his testimony. It's just that it was all a LIE - The FDA never heard of Baratz, and I have a letter from the the FDA Office of Internal Affairs (OIA) to prove what I say.
Of course, now the Court has a copy of the FDA letter...
Not only did Baratz LIE about his relationship with FDA, but he LIED about almost all of his current employment. In his deposition Baratz made FANTASTIC claims about his qualifications.
HERE IS WHAT I FOUND when I checked on his claims:
Most significant are Baratz’s FALSE CLAIMS to current employment (on his CV resume):
(1) On page #2, under “Practice and Patient Care Experience,” Baratz claims “Assistant Clinical Professor of Emergency Medicine, School of Medicine, Boston University School of Medicine,”
I called the Boston University School of Medicine and asked for Baratz. They have no listing for him. I asked for the Personnel office, and was directed to the Director of personnel, George Snowden, who told me that Robert S. Baratz is not an employee of the University, is NOT ON THE STAFF, and to his knowledge, has no relationship with the University. Snowden, a long time employee of the University, had never heard of Baratz, and wished to be provided with any documents, or data, where Baratz claimed an affiliation with the University.
(2) On page #5, under “Current Hospital Staff Appointments,” I called all of the three hospitals listed and asked for Baratz:
(A) Carney Hospital, after several telephone calls, responded that Baratz was definitely NOT “on Staff” as he claims, but was restricted to a limited relationship called “Provisional Associate,” which, it was explained to me, meant that he could, with permission, bring a patient to the hospital. The hospital did not know of ANY INCIDENT in which Baratz ever brought a patient to the hospital.
(B) Martha’s Vineyard Hospital had no listing for him, knew of no way to reach him, and DID NOT have him on their staff directory. They did not know who he was.
(C) Jordan Hospital had no listing for him, and their response to me was “I’ve never heard of him.”
(3) On page #4, under “Other Professional Experience and Employment,” Baratz claims “Director, IMCSI (Computer Based Medical Device Tracking systems)...”
I called two different nationwide telephone directory services and could get no telephone number for a company, or corporation named IMCSI, nor the longer version of it’s name (International Medical Consultation Services Inc.). The Internet had no listing for any such company; no website, nothing.
(4) MOST IMPORTANT - On page #4, under “Other Professional Experience and Employment,” Baratz claims “Consultant, United States Government, U. S. Food and Drug Administration (FDA), Office of Criminal Investigation (OCI).
I called the FDA OCI in Washington DC and was referred to the FDA Office of Internal Affairs, where I spoke to Assistant Special Agent in Charge Paul F. Gebicke. Mr. Gebicke requested that I FAX to him, immediately, portions of the documents where Baratz indicated his relationship with the FDA. I faxed to him the entire seven page CV, and relevant pages concerning Baratz's claim to a relationship with FDA, in the Baratz deposition.
Mr. Gebicke responded to me by telephone and indicated that his office had investigated Baratz’s claims (as per the documents faxed to them), and that they would respond to my request by letter. They did so, faxing me a letter dated March 2, 2001, signed by Donald L. Briggs, Special Agent In Charge, FDA Office of Internal Affairs.
In short, BARATZ's FDA CLAIMS ARE A FRAUD.
FDA Brigg’s letter indicates that his office investigated five claims made by Baratz either in his CV, or in his testimony recorded on the deposition, as follows:
“Between February 28, 2001 and March 02, 2001, Special Agents of the FDA OIA made the following inquiries that failed to reveal Baratz either has/has had a consultant or contractual relationship with the FDA in general, or specifically with the FDA Office of Criminal Investigations (OCI), the law enforcement branch of the FDA.
On 2/28/01, an OIA SA spoke with OCI Assistant Director (AD) Frank Forgione who said no records could be located that support the assertion that Baratz has ever been a ‘consultant’ to OCI.”
“On 3/01/01, an OIA SA spoke with Center for Drug Evaluation and Research (CDER) representative Glenna Caffrey, who is responsible for screening prospective nominees as SGE to FDA panels on drug matters. No records could be located that support the assertion that Baratz has ever been an SGE panelist, guest panelist, or participant of record in CDER issues.”
“On 3/01/01, an OIA SA spoke with Center for Device and Radiological Health (CDRH) representative Kathleen Walker, who is responsible for screening prospective nominees as SGE to FDA panels on device matters. No records could be located that support the assertion that Baratz has ever been an SGE panelist, guest panelist, or participant of record in CDRH issues.”
“On 3/01/01, an OIA SA spoke with Center for Biologic Evaluation and Research (CBER) representative William Freas, who is responsible for screening prospective nominees as SGE to FDA panels on drug matters. No records could be located that support the assertion that Baratz has ever been an SGE panelist, guest panelist, or participant of record in CBER issues.”
“The above inquiries were made with respect to assertions that Robert S. Baratz is a medical doctor and DDS (dentist) who alleges a relationship with the FDA as a result of his alleged expertise in the area of general Dentistry, drugs, and devices related to this field.”
(5) On page #4, under “Other Professional Experience and Employment,” Baratz claims “Consultant NBC News, New York.”
I called NBC News, New York. They never heard of him, and told me he was definitely NOT a consultant to them.
(6) On page #4, under “Other Professional Experience and Employment,” Baratz claims “Consultant ABC News, New York.”
I called ABC News, New York. They never heard of him, and told me he was definitely NOT a consultant to them.
(7) On page #4, under “Other Professional Experience and Employment,” Baratz claims “Consultant, State of California, Office of the Attorney General, and Board of Dental Examiners.”
First off, there is no such organization in California called “The Board of Dental Examiners.” The licensing agency for dentists in California is called the “California Dental Board.” I called them, they researched their records carefully, and responded that they had never heard of Baratz, he was not now, nor ever had been, a consultant for the State of California.
No other State agency we contacted (listed by Baratz on his CV) could find any record of him as a consultant.
(8) On page #1, under “Skills: Business Development, Entrepreneurial Activities, Administration, and Organization” Baratz claims “Founder of two corporations in medical device area. One (Polymedica) is now >$100M on NASDAQ, other (IMCSI) in growth stages.”
I called Polymedica and asked for Baratz. They had no office or phone number for him. I told them that Baratz claims to be THE FOUNDER of the company, and they then referred me to the CEO, who called me back, and said that he did know Baratz, but that he had no knowledge of whether Baratz had any financial interest in Polymedica.
(9) On page #2, under “Communications,” Baratz claims “National spokesperson for professional organization (American Dental Association) for scientific matters.”
Organizations, especially a large one like the American Dental Association (ADA), do not lightly give, or allow, “spokespersons.” I called the American Dental Association main office in Chicago, Illinois, and asked for Baratz, or the office for “spokespersons.” I was routed around the office to several people who would be familiar with anyone who acted as a “spokesperson” for the ADA. No one I talked to at the ADA had ever heard of him, or had any record of him acting as a "spokesperson." I examined the ADA’s website carefully, and could not find Baratz listed anywhere in their data base.
I wonder if Bobbie got his witness fees up front?...
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