Condensed Declaration

Writer of original, whole declaration: James T. Kimball Past President Discovery Experimental And Developmental, Inc., Past President ASTAK, Inc., Past President Global Health Information & Medical Research Institute, Inc., Past President B&B Freight Forwarding, Inc., Past President Discovery Tour Wholesalers, Inc., Past President American Transportation, Inc.

James Kimball has passed away. His past wife, Jo Kimball, can be contacted by:

phone- (813) 973-0996
fax- (813) 973-7002
e-mail- prodedi@discovery-experimental.com
writing-
James Kimball no longer can be written to. To get in contact with his family, you may use the specified e-mail address above.

21. Another doctor reported that DEDI’s mineral product had been effective in some of his patients afflicted with Alzheimer's disease, reflecting that at least some forms of Alzheimer’s are viral or bacterial related. Tests revealed it killed the staph bacteria known as staphylococcus aureus, which are staph infections that are resistant to known antibiotics. These resistant strains of bacteria are also known as MRSA. In less potent forms, DEDI’s mineral product was exceedingly effective in treating sinus infections, ear infections in children, gum infections, fungi infections under the nail in rapid order, usually in one day of administration. Taken daily, the product appeared to help prevent colds and viral infections; however, it was not immediately effective to cure the common cold.

22. It was not until much later that a scientist researching the results of the product finally determined how and why the product worked when common sense science suggested it shouldn’t. He concluded that viruses and bacteria could not mutate to become resistant to it because it was a mineral. The body would have to change in order for the product not to work. Toxicity tests conducted at the University of Toronto revealed that DEDI’s mineral product had no toxicity whatsoever, even at 1,000 times the normal dosage.

23. Even though the product is a mineral and most assuredly a dietary supplement, KIMBALL believed that certain potencies of the product to be used for serious infectious diseases should be listed as an over-the-counter (“OTC”) drug. KIMBALL sent in some of the trials and their results to the FDA, and asked them to approve the labeling, and list certain versions of this product as an over-the-counter drug. In 1998 the FDA agreed to do so and listed one version OTC with approved labeling stating “To be used for general internal infections.”

24. At the time, there was no question that once the general public found out about DEDI’s product, tried it, and saw for themselves how effective it was, it had the potential to eliminate hundreds of OTC and RX drugs from the shelves. Too good to be true! The pharmaceuticals industry immediately blackballed the distribution of KIMBALL’s product by threatening pharmaceutical distributors if they distributed DEDI’s product, it would be the last product they ever distributed. DEDI did not have the money to promote and distribute the mineral product all on its own or to launch a costly lawsuit to stop the practice.

25. It is presumed the pharmaceuticals industry, or part of it, then used its power and money to convince the FDA to remove DEDI’s product from OTC listing as a drug. The FDA did so about one year later, by suggesting the side effects of a few similar products developed and used over 50 years earlier were the same as DEDI’s new and different product which had revealed no side effects in testing and in seven years of use by the general public! So operates the FDA.

26. The FBI, the U.S. Postal Inspector, IRS, U.S. Customs from Tampa and California, the DOH, Tampa Swat Team, Florida Dept. of Law Enforcement (“FDLE”), the Florida HRS, the California Drug Enforcement Bureau, and the Pasco Count Sheriff’s Department executed their illegal search, seizure and confiscations on May 12, 1993, as noted above. The illegal raid consisted of the DOH agents, pretending to be federal agents, coming into KIMBALL’s home and business under a federal search warrant, which was limited to confiscating certain items after their entry. But after their entry, they confiscated everything for the State of Florida that was not on the federal warrant—with no warrant whatsoever. This was an illegal preplanned arrangement that was carried out perfectly, and should have put KIMBALL and DEDI out of business.

27. By the time the federal government agents took all the paperwork, computers and trade secrets of how to manufacture DEDI’s products under their federal warrant and the DOH took about every product and chemical, including products in the research stages, DEDI had nothing left. At the same time, the IRS was added to the team. It impounded all the money in DEDI’s businesses checking accounts. KIMBALL then used his life savings and borrowed money to get DEDI started all over again, but he would not then, or ever, surrender.

28. Over a ten-year period, the FDA raided companies related to KIMBALL several times and each time money was stolen. The first time, they stole over $11,000 from the public for unfilled orders and never returned the money to the public. In 1998, they stole over $3,000 of the public’s money which was also never returned to the public, with $1,500 in customer orders in cash stolen by FDA agents and put in their pockets. KIMBALL has the names of the very FDA agents that stole the cash. In 1999, FDA agents opened a safe and removed a sealed envelope addressed to KIMBALL, which was delivered by UPS, and had not been opened by KIMBALL yet. The agents took $8,000 sent in by a doctor to KIMBALL and never returned the money. When KIMBALL requested the money be returned by the Government, Judge Lazzara in KIMBALL’s 2000 criminal trial refused the request.

29. Shortly thereafter, the IRS agents KIMBALL had been speaking with in Tampa told KIMBALL that the IRS agents in California lied to the Tampa IRS agents regarding their money confiscations. The Tampa agent offered to give the money back to KIMBALL if he would sign an agreement not to sue them, which KIMBALL did, as the companies needed the money.

30. It appeared that Somerset’s move to Tampa paid off. Somerset held off its suit, as the Government agents had suggested, and filed it right after the raid. DOH also filed a civil action against DEDI and KIMBALL after the raid. From DEDI, all the evidence was taken to California for a number of grand jury investigations. DEDI and KIMBALL were not then indicted and all the confiscated materials were returned in 1997.

31. Magistrate Judge Charles A. Wilson was the federal judge presiding over the Somerset civil suit against DEDI and KIMBALL. Somerset’s attorney’s, Gunster & Yoakley from Stuart, Florida, consistently lied to Judge Wilson which was pointed out by DEDI’s corporate attorney R. Elliott Dunn, Jr. and KIMBALL. However, Judge Wilson consistently found against DEDI and KIMBALL, assessing them fines. Judge Wilson allowed Somerset to have full access to all the materials confiscated for the Grand Jury from DEDI and KIMBALL by the government, including DEDI’s trade secrets. Judge Wilson and government officials even allowed Somerset’s attorney’s access to documents of other companies affiliated and non-affiliated with DEDI and KIMBALL.

32. KIMBALL can only wonder what motivated Judge Wilson to break so many rules to trample on DEDI’s and KIMBALL’s rights. Judge Wilson spoke with the federal prosecutor in California about the status of a federal indictment against KIMBALL, which is judicially improper. At that time, Judge Wilson was soliciting to become the U.S. Attorney in Tampa, Florida and, knowing he could be prosecuting KIMBALL criminally, probably should have recused himself from the civil case against KIMBALL. But Judge Wilson continued with the civil case until he was appointed U.S. Attorney. After Judge Wilson was appointed U.S. Attorney, he assigned Assistant U.S. Attorney Michael Rubinstein (“RUBINSTEIN”) to convene a grand jury investigation and secure an indictment against KIMBALL. After KIMBALL’s predictable indictment, U.S. Attorney Wilson then proceeded to become a judge on the Eleventh Circuit Court of Appeal, which later denied KIMBALL’s appeal of his conviction.

33. In 1998, after KIMBALL’s grand jury investigations were dropped in California, KIMBALL found out that U.S. Attorney Wilson and AUSA Rubinstein started the 7th or 8th grand jury investigation against KIMBALL in Tampa, Florida seeking an indictment. KIMBALL demanded to appear before the grand jury and was eventually granted an appearance by AUSA Rubinstein and U.S. Attorney Wilson. When KIMBALL appeared, he convinced the grand jury it wasn’t KIMBALL or DEDI they needed to investigate, it was Somerset and a number of government and state officials, including U.S. Attorney Wilson and AUSA Rubinstein, that illegally did this to DEDI.

34. The grand jury agreed to investigate and KIMBALL asked the grand jury to excuse AUSA Rubinstein from the room and the investigation because he would be one of the ones being investigated in this conspiracy. AUSA Rubinstein spoke up and said he had nothing to hide. The grand jury told KIMBALL, in essence, they could not function as a grand jury without AUSA Rubinstein. AUSA Rubinstein promised the grand jury he would cooperate with KIMBALL and the grand jury and would work with everyone involved, which was an absolute lie. The grand jury asked KIMBALL to make a list of the individuals involved, called “targets,” and lay out what violations of law or constitutional rights they had violated and the grand jury would bring them in for questioning.

35. Then it was agreed that KIMBALL and AUSA Rubinstein would work together to get KIMBALL’s information before the grand jury. AUSA Rubinstein agreed to cooperate with the grand jury, and said he would do everything he could to work with KIMBALL, acting as a go between for KIMBALL and the grand jury. But after KIMBALL left the grand jury, AUSA Rubinstein totally refused to cooperate in any respect with KIMBALL and the grand jury was disbanded shortly thereafter - with no indictments.

36. KIMBALL demanded a copy of the grand jury transcript to document his appearance and what the grand jury had agreed to do. When KIMBALL finally received the transcript, it had been altered dramatically and pertinent parts removed. The same thing happened again when Mary Groomes, KIMBALL’s secretary, was subpoenaed to appear before the grand jury and received a copy of her transcript; it was also altered. Federal Judge Lazzara was informed, but refused to take any action.

37. U.S. Attorney Wilson and AUSA Rubinstein quickly convened another grand jury where many of the conspirators testified again and consistently lied in attempts to secure an indictment against KIMBALL. The prosecutorial misconduct before the Grand Jury by AUSA Rubinstein condoned by U.S. Attorney Wilson included: AUSA Rubinstein testifying when not under oath, leading witnesses, deliberately and knowingly misleading the grand jury, supplying DOH with secret grand jury documents and evidence for DOH to use in their civil cases against DEDI and KIMBALL.

38. KIMBALL presented two boxes of evidence to the grand jury during one of his appearances before them. These boxes contained about 1,000 documents which put forth illegalities by government agents, Dana Barnett, Somerset’s attorneys, DOH agents, AUSA Rubinstein and U.S. Attorney Wilson. AUSA Rubinstein gave these grand jury records to FDA Agent Matteson who was working with DOH Agent Orr. Both Agent Matteson and Agent Orr were key targets in these documents for their illegal acts. Even a member of the grand jury questioned AUSA Rubinstein giving the grand jury records to FDA Agent Matteson. However, AUSA Rubinstein did it anyway. This is in the grand jury transcripts which KIMBALL and others hold with thousands of other documents against government officials.

39. Obviously, AUSA Rubinstein neglected to alter some grand jury transcripts. DOH Agent Orr testified before different grand juries 7 times in attempts to indict KIMBALL. Agent Orr consistently lied in all of them, while contradicting her own testimony to different grand juries. Agent Orr and AUSA Rubinstein play acted before the grand jury with Agent Orr pretending to be another person testifying before the grand jury and allegedly reading selected pieces of testimony by witnesses which appeared before a different grand jury.

40. Agent Orr’s perjury was so blatant that when AUSA Rubinstein asked her about another person’s testimony, she said she didn’t need to read the transcript, she had it memorized and testified before the grand jury the opposite of what the transcript said in an effort to indict KIMBALL. Agent Orr even told the grand jury that DEDI wasn’t licensed with the DOH as a drug manufacturer. Agent Orr was present in 1997 when a Florida Circuit Court Judge deemed DEDI licensed in 1993 by DOH without any renewal being necessary. Agent Orr had been testifying against KIMBALL and DEDI since 1993 in Florida civil cases. Even though Agent Orr worked for the Dept. of Health, she started working directly with AUSA Rubinstein and FDA Agent Matteson in their grand jury investigation against KIMBALL in 1998 and was funneling grand jury documents and information to DOH to use in their civil cases against KIMBALL.