Author Topic: Latest John Herd blog: A Bumpy Road Or A Seismic Cataclysm.......  (Read 847 times)

Lilly

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A Bumpy Road Or A Seismic Cataclysm That Has Tainted CFS Science And The CFS Community — We Need To Get To The Bottom Of It
By John Herd
January 28, 2012

In the perfect world science should be pure. The scientific process of validation should drive science forward, or if necessary get it back on track if it wanders astray.

That’s in the perfect world, how people would like it to be.

But we do not live in a utopian world; sometimes secondary factors impede or even corrupt science.

Do we want to see science tangled in the courts? Very often the answer is no for many reasons.

For one, the public gets a bad taste when science leaves the research and clinical labs and sinks into the courts. Additionally, the judicial process may cast a legal judgment as opposed to a scientific judgment.

Sometimes judicial ‘judgement’ does not even mean justice. Sometimes it merely reflects who has the most money for litigation and/or the best lawyers. It’s not necessarily the best scientific course of action or even the fairest way to go.

In the case of medical research, there are other well established avenues for resolving many kinds of problems related to medical research and those conducting it.

Institutional review boards (IRBs) are responsible and required to monitor medical research involving humans. IRBs were created to monitor medical research and address research abuses and ethical problems if they should arise. In the case of medical research at or affiliated to an academic institution, assuring research integrity and that of parties conducting research is a required function of the IRBs.

The Whittemore Peterson Institute (WPI) had to have an IRB before conducting its research and before receiving government grants. The management of IRBs at the University of Nevada [where WPI resides] is handled by the Office of Human Research Protection. Unless WPI used an independent IRB I presume the university’s IRB would be well equipped to investigate possible irregularities that we’ve seen discussed on the Internet.

Within the Department of Health and Human Services (DHHS) there is the Office for Research Integrity which assists institutions investigate matters pertaining to medical research. They can launch their own investigations and also have many capabilities for assisting institutional IRBs in their investigations.

Might the DHHS Division of Grants Compliance and Oversight, the Office of Policy for Extramural Research Administration and the Office of Extramural Research also have authority and to investigate matters pertaining to the NIH grant that was awarded to WPI?

These are bodies far better equipped than the judicial system to investigate irregularities pertaining to medical research and the institutions conducting it. They have the expertise to do so, and unlike the judicial system they do so from and independent and therefore less biased position.

So what of all the problems that have percolated up within WPI?

When a pattern of problem after problem arise in an organization, and they’re always being blamed on ‘the other people,’ one has to pause and think maybe the problems are rooted not in the others but in the organization itself.

The Whittemore Peterson Institute (WPI) has had a very significant history of “the doctors who didn’t,” that didn’t work out.

Dr. Daniel Peterson, one of the institute’s founders and its medical director, left WPI under contentious circumstances.

Dr. Jamie Deckoff-Jones, the director of clinical services, separated from WPI again under what again appeared to have been troublesome circumstances.

And then Dr. Judy Mikovits, the research director separated from WPI. To call that separation “contentious circumstances” would be a gross understatement; WPI lashed out at her with a flurry of criminal and civil legal actions.

Were these legal actions merely to get back data that WPI claims ownership of, or was their strategy to silence Dr. Mikovits from disclosing serious management, research and other more serious problems within the institute?

If WPI were [as they claim] first and foremost interested in the patients, would they not want to share research data reportedly in some of the infamous research notebooks mentioned in the legal actions? By sharing the information could not other investigators possibly also help move the science ahead? Sorry but WPI’s stated reasons for the scope of their legal actions does not in my opinion cut it.

And why is WPI going after Dr. Mikovits for damages in their civil lawsuit? Is this a legal shell game strategy to distract the public from thinking, realizing, that the damages hinted about in the lawsuits may be a long succession of WPI self-inflicted damages not by Dr. Mikovits but by themselves?

Might WPI’s seemingly rabid determination to get the noted research notebooks back without sharing what was in them only or merely a case of their wanting back the data they viewed as theirs alone, or might they have also been concerned what was in them that may have reveled deeper problems within the organization?

We’ve seen WPI mount a vicious legal fight to get not just all of Dr. Mikovits’ business email but also her personal email. WPI has been ardent about keeping inside matters inside, in essence gagging Dr. Mikovits from speaking of what went on within WPI.

When one sees such an over the top frenzied activity to squelch the release of any and all internal data, it quite logically makes one think, what are they trying to hide? Was there something far more important than merely research data in ‘the notebooks,’ possibly information that would have been self-incriminating for WPI?

There have been many innuendos circulated on the Internet for a long time of WPI’s questionable business and financial dealings, including talk of misappropriation of funds, possibly even government grant funds. While such talk isn’t confirmed fact, the line “where there’s smoke there’s fire” comes to mind.

But there’s not just a fire; there’s now a fire storm. The Whittemore’s Wingfield company business partners have now filed lawsuit against them, claiming that the Whittemores “embezzled [many] millions of dollars.” They claim that the financial records which Whittemore supposedly managed were laced with problems. The partners claim Whittemore embezzled a huge amount of funds for not just a wide range of personal uses but also “to benefit his company the Whittemore Peterson Institute.”(1)

When we hear such charges of “fraud, deception and malfeasance”(1) being conducted by the Whittemores, even in association with Whittemore Peterson Institute, how likely is it that that river flows in two directions, that there hasn’t been such wrong doing inside the institute also? Aren’t the phrase ‘business records’ and ‘notebooks’ pretty interchangeable?

And that fire storm keeps growing. The judge hearing the WPI/Mikovits court case supposedly has had a long close relationship with Harvey Whittemore; just do a Google search of the judge’s name with Whittemore’s and see what comes up. It’s not surprising that in a state where the Whittemores have had such strong political and financial clout that the tentacles of corruption could reach into the judicial system as well. Power corrupts. Should not a judge in such a position have removed himself from such a case? Clearly these cases should be put on hold until proper independent authorities can conduct thorough investigations.

In the world of public relations appearance is everything. It’s very convenient to accuse/blame Dr. Mikovits for “damages” WPI has supposedly experienced. Many if not most of those damages may not have had anything to do with Dr. Mikovits.

For years now we well informed patient advocates have seen public statements coming from WPI and statements made in television interviews which have in our eyes seemed to be not just questionable political spin but flagrant contradictions to matters as we’ve seen them.

WPI’s public relations efforts have in our our opinion been a repetition of contradictory damage control efforts coming from an organization that has made one misstep after another.

Given WPI’s very problematic history, is this the type of organization we trust to conducting medical research with the limited funds we have? Is this the type of organization we trust to to represent us on the medical and research stage? And given the ever increasing history of problems for WPI, would you really want to go to the institute for clinical care?

WPI minimized the ugly chapter of differences with Dr. Mikovits and the legal actions as “a bump in the road.” If these matters have been merely a bump in the road, the institute better get a Humvee to navigate whatever lays ahead. For I can’t imagine any doctors, patients, institutions, or philanthropist wanting future involvement with WPI given their track record.

I for one would like to see WPI open all their files to independent investigation of how they have functioned so we may eventually know the truth rather than it remaining behind a he said she said status, or continuing to be totally hidden behind PR spin.

It’s not just about WPI’s activities pertaining to Dr. Mikovits; it’s about the whole succession of events that have eroded the public’s good will, support and trust.

(1) Lawsuit claims Harvey Whittemore embezzled millions of dollars from former business partners, Reno Gazette-Journal, Jan. 27, 2012

John Herd
johnherd@johnherd.com
« Last Edit: January 29, 2012, 02:26:46 AM by Lilly »
I can't think of a witty or profound quote to put here so this will have to do.

Lilly

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Were these legal actions merely to get back data that WPI claims ownership of, or was their strategy to silence Dr. Mikovits from disclosing serious management, research and other more serious problems within the institute?

If WPI were [as they claim] first and foremost interested in the patients, would they not want to share research data reportedly in some of the infamous research notebooks mentioned in the legal actions? By sharing the information could not other investigators possibly also help move the science ahead? Sorry but WPI’s stated reasons for the scope of their legal actions does not in my opinion cut it.

And why is WPI going after Dr. Mikovits for damages in their civil lawsuit? Is this a legal shell game strategy to distract the public from thinking, realizing, that the damages hinted about in the lawsuits may be a long succession of WPI self-inflicted damages not by Dr. Mikovits but by themselves?

Might WPI’s seemingly rabid determination to get the noted research notebooks back without sharing what was in them only or merely a case of their wanting back the data they viewed as theirs alone, or might they have also been concerned what was in them that may have reveled deeper problems within the organization?
I can't think of a witty or profound quote to put here so this will have to do.

Robyn

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Drop the lawsuit and allow Dr. Mikovits to continue her research to help "ALL" the patients. Taxpayer money needs to cease going to there.  The grants needs to be held by NIH.
« Last Edit: January 29, 2012, 12:05:48 AM by Robyn »
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jillNZ

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Re: Latest John Herd blog: A Bumpy Road Or A Seismic Cataclysm.......
« Reply #3 on: January 29, 2012, 08:09:41 AM »
Very well said John. I hope you send this to the WPI and ask for a response.
We'll have our day in court! The shrinks will be out of a job!

Oerganix

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Re: Latest John Herd blog: A Bumpy Road Or A Seismic Cataclysm.......
« Reply #4 on: January 29, 2012, 04:45:51 PM »
Now I hope Mr Herd will take a step back in time to the era when it was heard said in the halls of NCI (or was it NIH?) that "WPI is going to be taken out." It was a warning to other scientists not to associate with WPI, as in: bad career move.
 
Here under my conspiracist's tinfoil hat, (since I KNOW our government would never conspire to squelch research into viral/retroviral association with mecfs) I'd love someone to research just how this came to be. "The Taking Out of WPI, 1,2,3..."
 
If I recall correctly, and I may not, this "rumor" came out around two years ago.
 
It wasn't too long after that we noticed that Annette Whittemore had apparently "gone over." She aligned herself with CAA in the vote for a charity funding contest. Did someone offer her some "protection" if she would cooperate? (Reminds me of how the US used Manuel Noriega's drug connections until he wasn't needed anymore and then hung him out to dry...for his drug connections.)
 
Then the VIPdx lab sells tests that turn out to not work and Dr M refuses to go along with the game, giving Whittemore the opportunity to fire her for "insubordination." Go along or get out...
 
Then in an attempt to protect the integrity (I speculate) of her work there, Dr M has to take some risks to keep her data intact. Already in the government's game of squelching this kind of research while pretending to engage in it, Whittemore then has to follow through to show her commitment to her handlers, with the bizarre order to arrest and imprison a noncompliant scientist. And now that the Whittemore's have been of use, they are now back on schedule to be "taken out."
 
Unfortunately, the demise of WPI would have happened either way, IMO. The Whittemore's only hoped they could stave off the inevitable by allowing themselves to be co-opted. Now we see the destruction of their power base. Senator Reid is retiring and that is a loss to the mecfs community, whether we appreciate his other manueverings or not. Not to give him, or others, an excuse for their behavior but this is exactly how the whole system works right now and only a fool would not use the power they have/had. Reid has used it on our behalf in the past and we like him for it then.
 
All in all, a very good season for those who would like to squelch this kind of research and alienate patients in the bargain. Another psy-ops success. Two birds with one stone.
 
Now they can concentrate their efforts on marginalizing and demonizing Dr M. So these latest developments predict that WPI will not drop the charges against her, as a further attempt to deflect the power of the government from themselves and onto her.
 
All science fiction/fantasy, of course, since we all know our government, and the UK government, has not and never will engage in any such conspiracy. They are doing all they can to find the cause and treatment of this terrible disease, right?
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flex

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Re: Latest John Herd blog: A Bumpy Road Or A Seismic Cataclysm.......
« Reply #5 on: January 29, 2012, 05:48:31 PM »
Now I hope Mr Herd will take a step back in time to the era when it was heard said in the halls of NCI (or was it NIH?) that "WPI is going to be taken out." It was a warning to other scientists not to associate with WPI, as in: bad career move.
 
Here under my conspiracist's tinfoil hat, (since I KNOW our government would never conspire to squelch research into viral/retroviral association with mecfs) I'd love someone to research just how this came to be. "The Taking Out of WPI, 1,2,3..."
 
If I recall correctly, and I may not, this "rumor" came out around two years ago.
 
It wasn't too long after that we noticed that Annette Whittemore had apparently "gone over." She aligned herself with CAA in the vote for a charity funding contest. Did someone offer her some "protection" if she would cooperate? (Reminds me of how the US used Manuel Noriega's drug connections until he wasn't needed anymore and then hung him out to dry...for his drug connections.)
 
Then the VIPdx lab sells tests that turn out to not work and Dr M refuses to go along with the game, giving Whittemore the opportunity to fire her for "insubordination." Go along or get out...
 
Then in an attempt to protect the integrity (I speculate) of her work there, Dr M has to take some risks to keep her data intact. Already in the government's game of squelching this kind of research while pretending to engage in it, Whittemore then has to follow through to show her commitment to her handlers, with the bizarre order to arrest and imprison a noncompliant scientist. And now that the Whittemore's have been of use, they are now back on schedule to be "taken out."
 
Unfortunately, the demise of WPI would have happened either way, IMO. The Whittemore's only hoped they could stave off the inevitable by allowing themselves to be co-opted. Now we see the destruction of their power base. Senator Reid is retiring and that is a loss to the mecfs community, whether we appreciate his other manueverings or not. Not to give him, or others, an excuse for their behavior but this is exactly how the whole system works right now and only a fool would not use the power they have/had. Reid has used it on our behalf in the past and we like him for it then.
 
All in all, a very good season for those who would like to squelch this kind of research and alienate patients in the bargain. Another psy-ops success. Two birds with one stone.
 
Now they can concentrate their efforts on marginalizing and demonizing Dr M. So these latest developments predict that WPI will not drop the charges against her, as a further attempt to deflect the power of the government from themselves and onto her.
 
All science fiction/fantasy, of course, since we all know our government, and the UK government, has not and never will engage in any such conspiracy. They are doing all they can to find the cause and treatment of this terrible disease, right?

Yep!

I have long thought, way back to the VIP BWG Judy Annette disaster that there was much more to all of this than a simple "goodies and baddies" slant.

I  too remember the statements of "stay away form the WPI we are going to take them out". Now some two years later there is no private testing, good or bad, no WPI, no Lombardi paper and Judy is hanging on by a thread.  Coincidence?

One thing is for sure whatever the personality issues and internal fallouts at the WPI, with Judy facing these "charges" for a "confession" signed buy Max, The VIP gone and the Whittemores about to be ruined by the government the 1,2,3, hatchet job is complete. Funny how notes got leaked during that period pertaining to the slides issues which lead to the retraction and claims of fraud. This is straight out of the the "Wakefield, how to take down an inconvenient truth" book of behind the scenes corruption.

Whatever the WPI planned to do with the notebooks, the research notes  the treatment protocols etc when they got them back from "Judy" the fact is now that they will likely fall into government hands during the  "embezzlement" enquiry period and may never be seen in the public domain.

Such luck for the government  that after 40 years in business the Whittemores fall prey to an investigation right in the middle of a new HGRV discovery? Maybe it was due maybe it wasn't but the timing is impeccable.

The government certainly want to cast a firm eye over them first.
« Last Edit: January 29, 2012, 05:56:59 PM by flex »
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Robyn

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Re: Latest John Herd blog: A Bumpy Road Or A Seismic Cataclysm.......
« Reply #6 on: January 29, 2012, 06:20:02 PM »
The Principal Investigator was fired by these people thus crushing the research and hopes of the patients. No government involvement there.

Other than possibly this:

Quote
It wasn't too long after that we noticed that Annette Whittemore had apparently "gone over." She aligned herself with CAA in the vote for a charity funding contest

Also the government would have had nothing to do with the Whittemore's business dealings. Except maybe some of his political party friends. Now where did donations go?

« Last Edit: January 29, 2012, 06:42:46 PM by Robyn »
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Karin

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Re: Latest John Herd blog: A Bumpy Road Or A Seismic Cataclysm.......
« Reply #7 on: January 29, 2012, 06:48:04 PM »
Yep!

I have long thought, way back to the VIP BWG Judy Annette disaster that there was much more to all of this than a simple "goodies and baddies" slant.

I  too remember the statements of "stay away form the WPI we are going to take them out". Now some two years later there is no private testing, good or bad, no WPI, no Lombardi paper and Judy is hanging on by a thread.  Coincidence?

One thing is for sure whatever the personality issues and internal fallouts at the WPI, with Judy facing these "charges" for a "confession" signed buy Max, The VIP gone and the Whittemores about to be ruined by the government the 1,2,3, hatchet job is complete. Funny how notes got leaked during that period pertaining to the slides issues which lead to the retraction and claims of fraud. This is straight out of the the "Wakefield, how to take down an inconvenient truth" book of behind the scenes corruption.

Whatever the WPI planned to do with the notebooks, the research notes  the treatment protocols etc when they got them back from "Judy" the fact is now that they will likely fall into government hands during the  "embezzlement" enquiry period and may never be seen in the public domain.

Such luck for the government  that after 40 years in business the Whittemores fall prey to an investigation right in the middle of a new HGRV discovery? Maybe it was due maybe it wasn't but the timing is impeccable.

The government certainly want to cast a firm eye over them first.

Well said Flex, I agree.

Robyn

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Re: Latest John Herd blog: A Bumpy Road Or A Seismic Cataclysm.......
« Reply #8 on: January 29, 2012, 07:00:17 PM »
Quote
Whittemore had "significant liquid assets in 2008 that he used to continue his lavish and upscale lifestyle including exotic vacations and substantial jewelry purchases," according to the suit.
Quote
In its lawsuit filed Friday in Clark County District Court, the Wingfield Nevada Group Holding Co. claims Whittemore used the money to support an extravagant lifestyle, including $200,000 for his daughter's wedding, more than $2.1 million in private jet flights and an unauthorized salary topping $900,000.

Quote
Then the VIPdx lab sells tests that turn out to not work and Dr M refuses to go along with the game, giving Whittemore the opportunity to fire her for "insubordination

So if it turns out they embezzelled the money, did the government tell them how and what to spend it on? Clinical trials for starters would have been good as promised. Just imagine if a group of patients had gotten well.
« Last Edit: January 29, 2012, 07:10:01 PM by Robyn »
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flex

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Re: Latest John Herd blog: A Bumpy Road Or A Seismic Cataclysm.......
« Reply #9 on: January 29, 2012, 07:16:13 PM »
The government dont tell people what to  spend money on (or at least thats not their job )  with the excepttion of a government grant, but they do want to know WHAT it was spent on especially via the IRS. When that happens all paperwork belongs to the government for as long as the investigation continues and that may very well include note books, reseearch books and all copyrights and patents filed for treatments and detection of HGRV.

They will especially want to keep all evidence and paper trails if there is an accusation of embezzzling funds form different businesses and using them  as personal cash and assets.

In which case who will be in possesion of all the HGRV notebooks, detection patents and for how long etc etc. I would say there is a strong chance it will be a government department once the IRS are involved.

« Last Edit: January 29, 2012, 07:20:16 PM by flex »
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Robyn

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Re: Latest John Herd blog: A Bumpy Road Or A Seismic Cataclysm.......
« Reply #10 on: January 29, 2012, 07:45:43 PM »
Quote
The government dont tell people what to  spend money on (or at least thats not their job )  with the excepttion of a government grant, but they do want to know WHAT it was spent on especially via the IRS.


Exactly, so there would be no government conspiracy here.  If it turns out there were let's say misappropriation of funds in any sense that would be no fault of the government. They would in fact be responsible for taking themselves out. And according to the legal docs they are claiming he had full control of the books at Wingfield since 2007. Also claims this: Having Wingfield pick up the cost of the Whittemores yearly tax preparation from 2004 to 2009. That was long before government involvement with the institute.

Here's Kent's summary of the legal docs http://www.mecfsforums.com/index.php/topic,11263.0.html:

Quote
The general overview of the complaint states, "Whittemore has admitted and confessed to engaging in over 20 different financial transactions designed to deplete Wingfield of its assets for the sole purpose of enhancing and promoting Whittemore's financial condition and to further his standing in the political community of Nevada. By engaging in misappropriation of corporate assets, by misusing and exploiting corporate assets, by failing to document corporate and personal transactions, by misleading and lying to other Wingfield owners and employees, by discouraging employees from disclosing key facts to the other Wingfield owners, and by using the bank accounts of Wingfield for his personal purposes, Whittemore has breached his fiduciary duties to Wingfield and its owners, has committed a series of fraudulent transactions designed to financially harm plaintiffs, and has conspired to use Wingfield improperly and illegally advance his personal and financial interests."
« Last Edit: January 29, 2012, 08:47:53 PM by Robyn »
I am a Fibromyagia/ME patient here and all my posts are my opinion and experiences.

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flex

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Re: Latest John Herd blog: A Bumpy Road Or A Seismic Cataclysm.......
« Reply #11 on: January 29, 2012, 07:57:58 PM »


Exactly, so there would be no government conspiracy here.  If it turns out there were let's say misappropriation of funds in any sense that would be no fault of the government. They would in fact be responsible for taking themselves out.  The legal docs state that he had full control of the books at Wingfield since 2007.

Its obvious you just want to pick a fight again Robyn.

Governments and the establishment let people and usually the rich and powerful, get away with what they want until it doesnt suit them anymore.

I am simply making the point, who do you want the notebooks to be in the possession of? I don't claim to have any inside knowledge nor am I making any statements of fact or stating any gospel truths. If they are still in the public domain albeit in the possession of the Whittemores (and we are all worried what the Whittemores will do with them) that panics the government, the establishment and the naysayers.


I am simply saying once the IRS gets involved here every piece of HGRV research, every notebook every  patent probably falls into their hands for an indefinite period.

That is ultra convenient for the government dont you think?

Nobody knows why the timing of theses embezzlement claims are happening right now and that includes you.
« Last Edit: January 29, 2012, 08:00:55 PM by flex »
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Robyn

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Re: Latest John Herd blog: A Bumpy Road Or A Seismic Cataclysm.......
« Reply #12 on: January 29, 2012, 08:01:22 PM »
I'm not picking any fight just explaining it how I see it. The institute lost all credibility with me along time ago.  And now judging from what I see in the the court docs filed, I for one, as a taxpayer am not comfortable with them recieving any more taxpayer money. That is also part of the reason I have withdrawn myself and my family from study participation.
« Last Edit: January 29, 2012, 08:44:33 PM by Robyn »
I am a Fibromyagia/ME patient here and all my posts are my opinion and experiences.

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Wildaisy

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Re: Latest John Herd blog: A Bumpy Road Or A Seismic Cataclysm.......
« Reply #13 on: January 29, 2012, 09:29:15 PM »
Quote
One thing is for sure whatever the personality issues and internal fallouts at the WPI, with Judy facing these "charges" for a "confession" signed buy Max, The VIP gone and the Whittemores about to be ruined by the government the 1,2,3, hatchet job is complete. Funny how notes got leaked during that period pertaining to the slides issues which lead to the retraction and claims of fraud. This is straight out of the the "Wakefield, how to take down an inconvenient truth" book of behind the scenes corruption.

This is true.  However, Annette Whittemore said she fired Dr. Mikovits because Mikovits would not turn over cell lines (purchased with NIH grant funds) to Vince Lombardi--not due to "personality issues" or "internal fallouts."  She then accused Dr. Mikovits of stealing from the Institute.  This is not "personality issues" or "internal fallouts."  This is a public accusation of criminal activity.

Neither the government nor big corporations did this.  Annette Whittemore did this.   No government agency or big corporation accused Dr. Mikovits of stealing and got her arrested just for returning to her own home.  No, that was Annette and Harvey Whittemore.   
« Last Edit: January 29, 2012, 09:41:38 PM by Wildaisy »
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bakercape

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Re: Latest John Herd blog: A Bumpy Road Or A Seismic Cataclysm.......
« Reply #14 on: January 29, 2012, 09:50:39 PM »
If the Whittemores have embezzled millions of dollars going back years then the government has nothing to do with them being sued by business partners IMO.

I think it is easy to always be in a goverment conspiracy mode because our governmnets have tried to bury this disease. But you cannot dismiss personal accountablity.

If you steal millions from someone you are going to be sued by that entity/person eventually. Just ask Bernie Madoff. It's going to catch up with you. People don't like to have millions embezzled from them and they don't need a goverment entity to prompt them into sueing for there money back.
« Last Edit: January 29, 2012, 09:52:56 PM by bakercape »
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