PART TWO OF A THREE PART CASE.
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."
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
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"
could determine disease!
ABRAMS-LIKE DEVICES ARE TOFTNESS-LIKE DEVICES AND
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attention to government action I.N. Toftness spoke from an unpublished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
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
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
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.
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:
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!
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
health of the people is really the foundation upon which all their
happiness and all their powers as a State depend." Benjamin Disraeli