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17. "SPECTRE OF FASCISM" IN USA?
US ATTORNEYS IN TEXAS
IMPERIL PATIENTS LIVES

From The Cancer Chronicles #27
© June 1995 by Ralph W. Moss, Ph.D.

This summer [1995], the US government has stepped up its unrelenting attack on cancer pioneer Stanislaw R. Burzynski, MD, PhD. Assistant US attorneys in Houston, Amy Lecocq and George Tallichet, continue to recklessly wield the power of the Grand Jury subpoena in what looks like an attempt to hound the Burzynski clinic out of business. The attacks are coming so fast and furious that one hardly know where to begin.

EMPLOYEES SUBPOENAED

In June, four more Burzynski Research Institute (BRI) employees, Gabriella Howard, Cheryl Owens, Eva Powell, and Barbara Tomaszewski, were subpoenaed to appear before the Grand Jury on June 21, 1995, making a total of nine employees under subpoena. (The editor of this newsletter was also subpoenaed in April, 1995.) Barbara Tomaszeweski was told to bring all the medical records of 22 patients, including X rays, MRIs, CT scans, etc.

But the medical records of some of these patients were among those seized by the FDA when it raided the clinic back in July, 1985. Seven other sets of records were presented to the NCI in 1991. The records of six patients were submitted in quadruplicate twice to the FDA in 1992 and 1993 for a Drug Master File application.

So complying with this order was no easy thing. In all, there were some 800 films involved. Some of these cases are among Burzynski's best. To copy them all would have cost about $10,000.

At 11:05 AM, on June 21, the day of the Grand Jury hearing, Burzynski received a phone call from his attorney, Rick Jaffe, informing him that FDA agents and a Postal Inspector would be coming to his office around 2 PM to look at the films. These would not be disturbed, he said. The agents simply wanted to make sure that they were secure. Instead, the agents arrived at 1 PM, while Burzynski was still searching for what they wanted, and then in a rush demanded to see the films.

To Dr. B.'s astonishment, the FDA agents confiscated all of the films, without letting him make any copies!

A number of these patients are still under treatment with antineoplastons, Burzynski's non-toxic peptide therapy. How can Burzynski, as their physician, now know if they are making progress, since he cannot compare present to past X rays? "I never heard of such a ridiculous action in any civilized country," Burzynski told us in late June. "It is clear that the intention behind this action is to disturb the treatment of patients who clearly respond to therapy and whose lives depend on us."

These films were in fact Dr. Burzynski's single most valuable assetãfor they alone provide final proof of the value of his unique antineoplastons. >Now it will be difficult for us to publish scientific papers without having medical records,< he said, ruefully. "And since we have been repeatedly asked to produce the same medical records, I am afraid that the records previously produced were lost and that the same fate awaits these very important films."

But this astonishing story, worthy of Kafka, doesnt end there. Burzynski now faces further rounds of investigations and demands for documentsãthe fourth federal Grand Jury in Houston to hound him for mountains of data.

In addition, Burzynski just finished an extensive two-year IRS audit. "Despite the fact that they did not find any problems in our records," he told us, "the Assistant U S Attorneys are going to do the same thing all over again. They already subpoenaed our accountant and complete financial records."

"It is hard to believe that the spectre of fascism is upon America," the Polish-born scientist told us.

The US Attorneys have also subpoenaed all patient billing records, going back to 1977. They have even subpoenaed the names and addresses of every person who has ever received a brochure from BRI-- which after Dr. B.'s CBS This Morning appearance numbered two thousand per day! In all, they have ordered Burzynski to turn over tens of thousands of pages of documents.

According to many observers, the US Attorney's office in Houston, headed by Ms. Gaynelle Griffin Jones, is acting in wild manner. The situation there is beginning to come to the attention of Congress. But so far most officials have turned a deaf ear.

The law prohibits the Grand Jury from engaging in "arbitrary fishing expeditions." Yet what else is happening here? This unending persecution conveniently allows Burzynskis enemies, both in and out of the FDA, to contact his scientific collaborators, and inform themãtruthfullyãthat he is the "target of a federal investigation." This is not hyperbole. In fact, it is exactly what FDA did in the past, and that sparked a 1985 'Cease and Desist' order against the FDA by US District Court Judge Gabrielle McDonald."

It is US Attorney General Janet Reno who bears ultimate responsibility for this nightmare. Readers are urged to write or call her c/o Dept. of Justice, Constitution Ave. and 10th St., NW, Washington, DC 20530, Tel: (2-2) 514-2101. Let her know that the Justice Department must have better things to do than persecute an innovative cancer pioneer!


Ralph W. Moss, Ph.D. is director of the The Moss Reports for cancer patients. Dr. Moss is the author of eleven books and three documentaries on cancer-related topics. He is or has been an advisor on alternative cancer treatments to the National Institutes of Health, the National Cancer Institute, the American Urological Association, Columbia University, the University of Texas, the Susan G. Komen Foundation and the German Society of Oncology. He wrote the first article on alternative medicine for the Encyclopedia Britannica yearbook. He is listed in Marquis Who's Who in America, Who's Who in the World, Who's Who in the East, and Who's Who in Entertainment (as a film documentarian). This Web site does not advocate any particular treatment for cancer. We urge you to always seek competent medical advice for all health problems, especially cancer. Before consulting our site please read our full Disclaimer statement.



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