PART TWO OF A THREE PART CASE.  "THE BLACK BOX OF MEDICINE"   Some say that the age of chivalry is past, that the spirit of romance is dead.  The age of chivalry is never past, so long as there is a wrong left unredressed on earth."  Charles Kingsley, Vol., II, Ch 28: "A good conscience is a continual Christmas." Ben Franklin

The Only Full "Ban" with patent recall in U.S. History: The End of the "Black Box" & 100 Years of Medical Fraud Part II by Scott Neff CFE FACFE

The history of Classics in Medical Devices requires study of the "Black Box". A device you could place a piece of hair, or someone's clothing in, rotate a focal lens over, and rub or later by early electronics connecting the box to a sound device (e.g., sounded like the sci-fi noise in "The Day the Earth Stood Still" and others...), you could determine disease!

     Not being a student of History or paying any attention to government action I.N. Toftness spoke from an unpublished article at the National Institutes of Health campus, February 2-4, 1975 claiming that he had made postural improvements in-patients through his methods. His evidence was X-radiation film before treatment and a re-radiation of the patient to prove a postural change had occurred. This brought him an even larger audience of Chiropractic Physicians.

     Once again, the doctor would place the radionics device over someone who is lying on his or her stomach. A mechanical arm generally holds the device from a table, which had a small bowl of talcum or baby powder in it. The Chiropractic doctor then rubs his fingers on the surface of the lens in a circular manner exactly like the rubbing plate applying the baby powder to the lens as he rubs. When the surface makes a squeak from the friction developed between the surface and the Doctors fingers the Doctor then counts the squeaks. The higher the number or reading the greater the nerve interference, disease, or subluxation. Only when the numbers came down was the patient beginning to improve.

     Even if medical/scientific examination procedures indicated a normal study for a patient examination if the numbers on a Toftness or Toftness like device were high the patient was still in need of the various forms of Toftness and Toftness like low force impacts applied to the body for treatment. Of course billing to an insurance carrier as well as the patient is commensurate.

     By 1976 a Dr. Martin E. Jenness D.C. Ph.D. had published a paper in of course a non indexed medical journal, one that is not a library ISBN numbered piece; an article on "The Effects of Cardiorespiratory exercise on Toftness Radiation." This article and others which followed did indeed succeed in casting the shadow of doubt and despotism on those honest doctors of chiropractic who realized that chiropractic medicine is a life long experience of change and continual learning and relearning up to date research to progress with medical technology and knowledge.

     Unfortunately no one remembered the lessons of Laurence Sterne when he wrote "Trust that man in nothing who has not a conscience in everything." One of the more horrific claims made the ability to treating all the known skin diseases. This was quite deplorable to any rational and concerned physician. Toftness himself showed slide lectures of his treatment of these dermatological diseases and their subsequent alleged cure with his care. In fact their are many of his disciples who still have his old medicine man slide shows hidden away. Many U.S. citizens witnessed this and reported the litany of disease claims made for over the forty or more years Dr. I.N. and his disciples practiced his unscientific and illogical medicine show.

     Physicians like I.N. believed that as long as they applied some form of manipulation even if it did not scientifically or semantically relate to the term subluxation, they were practicing chiropractic. This can be likened to the theory that as long as one manipulates subluxations it is all right to cut the head off a bloody chicken and pour the blood down the patient's throat and make some mind boggling disease claim and cure. Can we continue to forget the message of Samuel Taylor Coleridge when he said, "Conscience, good my lord, Is but the pulse of reason."

     Unfortunately Toftness forgot the letter the father of our country sent to Congress in 1776 when General George Washington wrote, "It is a maxim founded on the universal experience of mankind that no nation is to be trusted farther than it is bound by its interest." Thus it became clear to our government that no profession can be trusted farther than its intent or interest. If that interest is in medicine-man sideshows designed for profiteering on the sick, weak, and a feeble government action will further cause the nation to become feeble.

     In 1976 the Oregon Chiropractic Board of Examiners' warned their licentiates of a policy change wherein; "The Toftness Radiation Detector instrument is a modality which is used in a peripheral type of therapy and is not to be represented to the patient as the "new" chiropractic method. Advertising, either oral or in writing, about such a "new" chiropractic method implies superiority of healing over standard chiropractic methods. Any doctor of chiropractic utilizing the Toftness modality shall first obtain written informed consent from the patient.

     They gave the Licentiates a sample of how to get by using the Toftness modality. Even after Licentiates knew that mild to slight warning by a caring and loving Government had been established. They continued and have diversified. However it must be made perfectly clear that a medical device must be proven effective for the purposes of detecting something and being able to reproduce it under double-blinded studies. Also that the treatment tied to the rubbing of the plate used to coordinate disease states or anything at all for that matter with the actual health of human citizens or experimenting with human sick, suffering, poor and ill, disabled, the elderly and the sick on fixed incomes also the wealthy or those who are dyeing, constituted a delay in proper medical examination by either a licensed Chiropractic Physician, a Medical Physician and Surgeon, or an Osteopathic Physician.

     An omission of proper expedient diagnostic procedures occurs in these cases. Remember that expediency would be rudimentary compared to finding cancerous cells to remove in a delicate brain surgery.

     But by August 16, 1976 The Oregon Board Sent Out a Warning stated on their Policy Revision concerning the Toftness Device, "The Board remains firm concerning the principle that each individual doctor, under the statutes, is responsible for his action towards his patients, and concerning the principle that any time a patient does not receive the type of treatment they expect, or are accustomed to, from a doctor of Chiropractic, as relates to established chiropractic methods, the patient shall be informed of the nature or type of treatment and the approximate reasonable time and/or cost of such treatment.

     Although it begins strong it ends weak in relation to that which is taught in any major University basic science courses, graduate courses or post graduate courses especially the medical sciences and clinical practices or for that matter as is taught in an ethics or morals course in any of the organized religions. Further it was weak because the Oregon Board did not have the information contained in this expose'. Finally it is weak because those who truly study science share a common reality. Obviously these people share an un-scientific reality cloaked in the quizzes of science.

     In 1981 within an non-indexed journal, Toftness and Jenness published an article called the "Validation of the Toftness/Jenness System of Chiropractic". Important features follow:

"The Toftness/Jenness System is based on the finding that Millimeter wavelength radiation is emitted from the body creating a radiation field around it. It is hypothesized that emission of aberration of Bioelectrical impulses generated in the nerve centers of the body, in particular within the brain.. This aberration is referred to as "NERVE STRESS". It is FURTHER HYPOTHESIZED THAT MUCH OF WHAT IS REFERRED TO AS DISEASE PROCESSES" IS THE RESULT OF SUSTAINED NEURONAL DYSFUNCTION (STRESS) OVER TIME. THE BASIC DIFFERENCE IN THIS HYPOTHESIS AS COMPARED WITH TRADITIONAL CHIROPRACTIC THEORY IS .THAT BRAIN RATHER THAN SPINAL CORD/SPINAL NERVE DYSFUNCTION IS POSITED AS THE Primary causal FACTOR IN MANY DISEASE PROCESSES.  THE TOFTNESS/JENNESS SYSTEM EMPLOYS A BIOFEEDBACK TYPE INSTRUMENT KNOWN AS THE TOFTNESS RADIATION DETECTOR (TRD) WHICH IS USED TO MONITOR THE RADIATION FIELD. THE RADIATION FIELD IS MONITORED WITH THE INSTRUMENT WHILE SPECIAL TOFTNESS/JENNESS CHIROPRACTIC ADJUSTMENTS ARE ADMINISTERED FOR THE PURPOSE OF ELIMINATING THE FIELD. THE ADJUSTMENTS" CONSIST OF THE APPLICATION OF PRESSURE OVER KEY NERVE CENTERS; SUCH CENTERS BEING PRECISELY LOCATED BY THE "LOGICAL" APPLICATION OF THE TRD.  It is hypothesized that the pressure application of less then that of a dime on the skin over specific nerve centers creates a controlled volley of nerve impulses, which, in turn generates a temporary efferent (SENSORY) "OVERLOAD" To corresponding neuronal centers located primarily in the brain. The afferent overload is hypothesized to clear that area of the brain, reducing or eliminating the aberrant brain wave pattern.

     A true revolution of a man refusing to give up his toy still continues and Toftness like devices and rubbing plates are still being manufactured throughout the United States and one opening case will now be reveled.

     Finally, in 1982 after over 60 years of citizen complaints against the TRD which followed 80 years of citizen complaints and wrongful deaths due to original black box, and government gentle warnings the Government's cogs began to fit into the holes (citizen complaints etc.) left by the frauds and its wheel of Justice was once again freed to turn.

     In the United States District Court of Wisconsin in the case of the Plaintiff, the United States of America, Vs the defendants, An article of device..."Toftness Radiation Detector..." Toftness Post-Graduate School of Chiropractic, Inc., a corporation, and Irwin N. Toftness, an individual.

In Summary the Judgment read as follows...

The two defendant Toftness Radiation Detectors are in violation of the Food, Drug, and cosmetic Act, and shall be condemned and forfeited to the United States. The defendant devices shall be released to the Food an Drug Administration, which may use them for educational purposes or dispose of them by destruction or sale ...3. The Toftness Post-Graduate School of Chiropractic, Inc., and Irwing N., Toftness, their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, shall be, and hereby are, permanently enjoined from manufacturing, promoting, selling, leasing, distributing, shipping...detector. (As used herein, "Toftness Radiation Detector" shall mean any article of device that is in any way labeled designated as a Toftness Radiation Detector, or any ARTICLE OF DEVICE THAT IS SUBSTANTIALLY THE SAME AS, OR EMPLOYS THE SAME BASIC PRINCIPLES AS, THE defendant Toftness Radiation Detectors.  b .... Toftness shall be, and hereby are, ordered to provide to the Minneapolis District Office of the Food and Drug Administration, 2540 Hennepin Avenue, Minneapolis, Minnesota 55401, within 30 days, a statement listing all persons who have either received training in the use of the Toftness Radiation Detector or are believed by defendants to be in possession of a Toftness Radiation detector .... and many more imposed duties and punishments for utilizing this device.  4 .... The inspection authority granted under this judgment is apart from, and in addition to, the authority to make inspections under the Food, Drug, and Cosmetic Act, 21. U.S.C. SS 372 and 374.

     Never truly understanding reality the defendants appealed. The United States Court of Appeals for the Seventh Circuit No. 83-1404 United States Of America, Plaintiff-Applet, v. An Article OF DEVICE..."TOFTNESS RADIATION DETECTOR" TOFTNESS POST-GRADUATE SCHOOL OF CHIROPRACTIC, INC, a corporation, and IRWING N. Toftness, an individual, Defendants-Appellants. However, again the United States prevailed and the order was re­affirmed on April 4, 1984.

    However and again, invariably, the case was appealed to the United States Supreme Court. On October 9th, 1984, the United States Supreme Court declined to hear the case. Finally in 1984 the Government's Attorney from the United States Department of Justice (e.g., it is interesting no note that I had provided expert witness/consultation through USFDA when he tried the case in Wisconsin, prior to becoming the head of enforcement for white collar fraud for the United States Department of Justice...editorial historical highlight), Washington D.C., sent letters to Toftness perpetrator's stating as follows:

 Dear Chiropractor:

     On January 18, 1982, United States District Judge Robert W. Warren issued an order in United States v. An Article of Device..."Toftness Radiation Detector, "Nos. 75-C-478 @ 75-C-479 (WD Wis.), permanently prohibiting any and all use of the Toftness Radiation Detector ("TRD"). That order was subsequently affirmed by the Seventh Circuit Court of Appeals on April 4, 1984 and on October 9, 1984, the United States Supreme Court declined to hear the case.

     Because Dr. Toftness's records indicate that you are in possession of one or more TRDs, he sent a letter to you last fall in which he cancelled your TRD lease(s) and asked you to return the TRD(s) in your possession within ten days. However, Dr. Toftness has now informed the Department of Justice that you either failed to respond to that letter or failed to return the TRD(s).

     The purpose of this letter is to inform you, again, that all TRDs in your possession, custody, or control must be returned immediately to Dr. Toftness. If that is not done, the Government will feel free to take appropriate enforcement action, without further notice to you, under either Judge Warren's order or the Federal Food, Drug and Cosmetic Act. 

Please note that when the Department of Justice, Washington D.C., notified the chiropractors, Judge Warren's order was sited. Please take a moment to review again key wording in the Judges order number three (3)..."(As used herein, "Toftness Radiation Detector" shall mean any article of device that is in any way labeled, designated as a Toftness Radiation Detector, or any ARTICLE OF DEVICE THAT IS SUBSTANTIALLY THE SAME AS, OR EMPLOYS THE SAME BASIC PRINCIPLES AS, THE DEFENDANT TOFTNESS RADIATION DETECTORS.)" Thus became the first and only full ban in U.S history.

     Further if you study the Abrams cases you will find a permanent injunction against the interstate shipment of rubbing plates or Abrams-like devices and criminal contempt charges were initiated to stop the perpetrator's from interstate commerce or intrastate public health utility. This was again re-enforced with the Toftness detectors or Abrams-like rubbing plates and devices and will eventually be re-affirmed under the next perpetrator to come along.

     Suddenly another article was published in an non-indexed publication by a West Coast chiropractor Herbert S. Freeman, D.C. of Salem Oregon. His article was called "Toftness Radiation-Cranial stresses and Pelvic Distortions". This time the Oregon Department of Justice, The Saif Corporation (Oregon States' Workers Compensation Insurance Fund), Federal Bureau of Investigation/Department of Justice and the U.S.F.D.A. again, sprang into action, eliminated the devices and a fifteen state network, resulting in a 1991-92 U.S. Office of Operations and Surveillance national rubbing plate fraud Alert to all federal local offices relative to the immediate stopage of any further distribution and care relative to violations of interstate trade laws relative to the already banned article of device!

SUMMARY:

     Thus, today there are devises of design, which are similar to or substantially, the same as a Toftness radiation detector or Abrams-like device. These are called Toftness-like devices or rubbing plates or devices of Abrams vintage. Further, if any further seizure and prohibition occurs, history dictates that the device will be named after the perpetrator (Part III is only for IG, AG, US era President.). 

     The heart of this expose' has given you just a momentary glimpse at our nations long history of truth involving the "BLACK BOX" Abrams-like designs and devices of hucksterism. The reality of the horror is that since 1993, the teeth has been stripped out of the law, and it is only if one dies or some catastrophe develops, will our government be allowed to act.  Yet it did create the opening for my "Black Box Labeling" laws which has progressed and been improved repeatedly by USFDA over the years.  May God Continue to Bless America. Scott D. Neff, DC DABCO, CFE, DABFE, FFABS, FFAAJTS

 "The health of the people is really the foundation upon which all their happiness and all their powers as a State depend." Benjamin Disraeli