news.gif (12017 bytes)The End of the Black Box of Medical Fraud &The Beginning of Black Box Labeling Laws by Dr. Scott D Neff DC DABCO CFE FACFE

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Today, in our nation and around the globe, there is an overall loss of leadership based on truth and justice which of course was based on inductive and deductive reasoning again based on reproducible procedures and plans absent a placebo or false basis, or the relief which comes with belief over facts.  This loss of science as a guiding hand has developed the laissez-faire attitude among leaders which filtered down to the folks.  This attitude states it is ok to be ripped off as long as an insurance company is not paying for it.  This causes those some to believe in Witch Craft, Voodoo, atheism, or be taken by promises of hope but left in the despair of quackery then often mandated into laws to govern accreditation bodies, force insurance to cover cares which offer nothing in the way of reproducible benefits, but laissez-faire doctrine and the elimination of caveat emptor or buyer be ware; its OK today to buy a pig in a poke. 

Even elected leaders in the Democrat party today are entrenched in laissez-faire and caveat emptor doctrines. Lets look at free trade.  Historically let me take you back in time to old England and how it is exactly what Democrats offer today.  The so-called Manchester school of economics, especially Richard Cobden and John Bright, popularized the doctrines of free trade and laissez-faire, which, after initially being considered radical doctrines, had become the accepted theory of classical economics. Cobden and Bright, both successful businessmen, brought laissez-faire into the arena of politics: they secured the repeal of the laws, regulations restricting the export and import of grain, particularly in England. As early as 1361 export was forbidden in order to keep English grain cheap.  The result was mercantilist import duties that raised the price of food needed by the industrial workers resulting in an opposition to the minimal provisions of the factory acts that Parliament had passed in order to regulate such abuses as long hours, the abuse of woman laborers and child labor.  

Well, look at the cost of milk, the cost of bread and as it turns out all of our common staples.  Meat and fresh vegetables are outrageous where just seven years ago, were simply normal and never a burden to the growing families of America.  Look at the cost of oil which is over twice as high as it was before the Obama years. Yet today, a democrat supporter blind to and in denial of the fact that all this occurred under both republican and now again democrat leadership and of course they would only consider a democrat, or recycled ideas rather than new ideas!  And what is worse, today's democrat would have been considered in my day, an outlandish far left wing which existed but no one considered realistic, acceptable, reasonable or practical.  Today's democrats are laissez-fair to the n'th degree in free trade, socialistic, trying war combatants in civilian courts after our Supreme Court ruled otherwise,  caveat emptor to the n'th degree which of course eliminated the statutory laws for consumer protection.  What consumer protection?

Thus, in America today labor unions are growing extinct like the dinosaurs, as our laborers are laid off due to laissez-faire politics.  Why?  the Laissez-fair politics of the Progressives have pulled union power from the private sector to the Government sector, polluting the concept of union labor. Job growth is only in old tired out areas of low pay, while new innovation, by our own companies occur abroad where ever cheap labor can be found.  Further, our industry leaders strive to import cheap labor rather than improve our own living standards through the charade that our education is inferior to those that study the very books written in our nation but translated into Chinese, Indian dialects and so forth. 

Yes, today's radical PROGRESSIVE Democrat party members have wrapped up our citizens so that we have become a nation of followers, who need entitlements rather than a nation of individual leadership found on every corner as was the case in the golden era.  I remember back in the mid 1990's after twelve years of writing or assisting the writing of labeling laws, a powerful Senator, worked to eliminate all the protections of the sixty year history of FDA by removing their policing power and Caveat emptor, by allowing claims that cereals cured cancer, that foods were more powerful than science, as if man had not eaten them since his birth on our planet, and that any claim should be allowed, rather than scientific method.  And thus many of the old guard simply retired.  This unique Senator is still considered a powerhouse today, yet all that he and his friends, mostly democrat did was to weaken our nation to such an extent, that there are no controls for your safety.  You are not protected when your back is turned, when your guard is down, when you shop in the stores for safe products; in the areas once considered sacred, consumer protection. 

Today in our nation, so many years later, free trade and the lack of consumer protection has devastated our economy as the protection of our American based industries, and citizens has become second fiddle to the protection of foreign trade-laissez-faire.  During the last seven years all nations other than ours have benefited.  But to make things worse the Democrats promised change and in 2012 we have negative change, and have taken these same attitudes to new heights copying socialist nations in Europe.  Thus, massive housing failures and losses, the largest trade and national debts in history, a change from 3 trillion in surplus to 16 trillion in debt, the notion that our children must die rather than other countries developing their own armies to police their own nations, a loss of common sense from our leadership, has filtered down to the public with a loss of common sense as a shared reality of our times. Our leaders are easy dupes, for the real power brokers. 

Well, there is no superman to save the day, and you will continue to pay higher gas prices, suffer a loss of economic leadership to other nations, for the simple notion, which all of quackery was based on, that it is better to elect or vote for your party  rather than your country, to vote for your pocket book rather than consumer protection, to simply think of yourselves rather than your nation or the general health and welfare of the people.  The tide is turning while our children die in Iraq due to Iranian terrorism, and while the president of Iraq is in the pocket of Iran.  It is time for leadership who will use politics to solve political problems rather than beat the drum of war so you will think you are fighting, but actually, draining away all of our national assets and resources so the friends of the oil rich nations, will be able to pay off those in power in our nation, and lose that security which was built over the centuries.  Yes higher and higher gas prices based on the reality of limited oil on our globe and absent new technology to replace oil as well as quack products which will only take your money but leave you without necessary medicine is the reality of today.  Why some folks cannot even pay the high gas prices to get to work!

Soon you will find care by Abrams like devices and rubbing plates (Which was on 60 minutes in 2009 as a cure for cancer; but the fellow then died; inconsistent yet predictable if you studied the Black Box case!), with zero care chicanery coming to your neighborhood again.

Yet, there is a new breeze coming to this land of ours, perhaps storms, tornadoes and hurricanes, but in the end, G-d will endure, and a new cycle of caring for one's brother and sister will again out weight the pinnacle of greed, and we will turn this grand land, a plot of soil between sea, and shinning sea, from Mexico to Canada, to Hawaii and Alaska, we will endure, we will win the day, together, all colors, creeds, races, and religions, will join hands in our forefathers experiment with a good life, liberty and the pursuit of happiness back to just that; freedom for Religious practice, freedom to chose your own insurance or Doctors, freedom from the regulatory Burdon which would follow Obamacare, and return us to the paths set forth by our founding fathers.

LibertyYou will find in this section hot information on the end of Black Box of Medicine Fraud, Waste and Abuse which we feel are of national importance to all folks. The InfoJustice Journal is brought to you as a service of the American Academy For Justice Through Science.  

 "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 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!


Scientific America in 1923 exposed Dr. Albert Abrams for his radionics quackery devices. Scientific America magazine in conjunction with the American Medical Association spent over $30,000 on a ten month long research project. This 1923 project resulted in the discovery and exposure of Dr. Abrams fraudulent Radionics devices. When Abrams died he left his fortune to The Electronic Medical Foundation. You will learn the viral contamination theory of medical men. From profession to profession, men put the Green Poultice over the health of the people.  

Beginning in 1924, the Electronic Medical Foundation promoted and distributed 15 different fake health machines of the Abrams vintage. The Depoloray, Depolatron, Oscillioclast, and Electropad were just four of the 15. Dr. Abrams original device is known in our era as the infamous Black Box. It essentially had a small well where the medical physician was to place a personal item of the patient such as a picture of the patient, a piece of clothing worn by the patient, hair and even human tissues. Then a small rubbing plate slid over the well. The physician then rubbed the plate to hear the squeak. In his era not only did the number of the squeaks add up to a type of disease it was also the sound of the squeak.  Later Abrams added a dial to increase or decrease frequencies allegedly to simulate the frequency of the patients tissues which produced their own frequency noise!  The actual sound was amazing.  To this editor the noises produced sounded like those that accompanied early sci-fi movies to give one the willies!

     Claims were made for the device ranging from a method of confirming static palpation, to determining if aberrant frequencies were noted. If the frequencies could not be matched then the physician allegedly could change the dial to match the radio frequencies to the correct vibrations. These devices were in vogue from the 1920's through the early 1960's with numerous copy- cat imitators from various professions.

     For example in the chiropractic profession a Dr. I.N. Toftness, was an early follower of Dr. Abrams and brought this Abrams method or scheme to the Chiropractic profession depending on how permissive relative to quackery one is.  He presented the same theory of disease, theory of detection for diseases, better method of palpation and of course detection of vertebral subluxations as well as a theoretical treatment. It is a form of practice he employed for some forty odd years or so.

     In those days anyone with a nebulous idea could pass on some form of hucksterism. Realize that if one cannot relate to some cure claim or diagnostic device by one who is looked up to like their doctor they tend to believe it.

     In 1936 I.N. Toftness D.C. began developing his own personal version of Abrams Quack Machines for the Chiropractic profession. He started with a Toftness- like Rubbing plate also known as an Abrams-like article of device. It was very crude in comparison to Abrams more advanced medicine show. He called it the Toftness Radiation Detector. It was similar to a drumhead or plate, which was rubbed producing Abrams infamous squeaking sound. In those days anyone with a way out idea could pass on some form of treatment no matter how bizzare to common sense.  In fact as you will see, even today in 2003, deluded practitioners are developing Abrams-like rubbing plates gizmos and devices.

     Over the years this plate changed costumes by updating materials and fashions to always look impressive. However because of the lack of acceptance by the rubbing plate within organized chiropractic, I.N. attempted to develop other materials which would amplify the sound he produced by the rubbing of his fingers on the surface plate of his articles of device. He evens later developed electrical rubbing plates, which demonstrated friction on anyone's fingers that would rub them to demonstrate what he alleged he could feel.

     He originally used the rubbing plates as a biofeedback concept that would enhance his palpation skills by rubbing the plate with one hand while palpating a patient's spine with the other. Even at the end of his seminar series in the 1980's he stated he could put his T.R.D. over the floor and rub it with his left hand while he rubbed the spine with his right hand claiming the energy transferred through his body from his right palpating hand to his left rubbing hand and elicited a squeak from the Toftness detector surface.        

     Of course insurance carriers both Workers Compensation, Group Health, Managed Care, Medicaid and Medicare paid for these types of claims as Manual Medicine even though it never occurred. As he rubbed the plate he would count the number of friction squeaks. The higher the number the worse your illness. This magic trick of course is now revealed to the third party payer and billions were lost over the years to these types of devices.

     However after being a disciple of Abrams, Toftness also believed that he could feel a heat arising from the spine while rubbing over the spinous process, and gluteal area and about the skull without any article of device. He believed he had developed this sixth sense of feeling by his practice with his left hand over the rubbing plate while palpating with his right hand. He also believed he could at times feel this heat right through patients clothing by simply holding his hand over a patient. However because his colleagues could not reproduce the "feeling" of heat he believed he detected with his new sixth sense, he proceeded to develop a radionics like device of course with a rubbing plate which would amplify the heat he believed he was feeling. Thus he believed the rubbing plate could be used to feel a heat arising from the body when subluxation or disease was present and proceeded on with the concept that he had to developed a medical device which would allow others to feel what he could. Remember he believed he had developed a six sense which others did not have. But with training and utilization of a rubbing plate to practice on and then after practice one would advance to a Toftness-like medical device, which would enable others to "feel" the heat.

     In 1958 the FDA attained a permanent injunction against the interstate shipment of Abrams radionic devices. These devices all had rubbing plates. In 1961 the FDA filed criminal contempt charges against the Electronic Medical Foundation. Upon completion of the elimination of these types of frauds from the much larger Medical Profession, the focus then was shifted to the much smaller copy cat (e.g., md invented and promoted the concept) Chiropractic Profession.

     In the early 1960's five condemnation decrees were made. The device at that time was called a TRMD or Toftness Research Model Device. Five charges were filed on 08-16-62, 08-27-62, 09-21-62, 10-08-63 and 07-13-67. Subsequently these devices at Milwaukee, Boyceville, Eau Claire, Ladysmith, Marshfield, and Wisconsin Rapids, Wisconsin, were shipped to those cities from the Toftness Chiropractic Clinic, Cumberland, Wisconsin, subsequent to their shipment to the clinic by the Electronic Instrument Co., Tiffin, Ohio; the devices at Cumberland, Wisconsin, were shipped to the clinic by L.A. Nyberg, D.C., Wilomar, Minnesota, and Jennings I Wilson, Minneapolis, Minnesota;  the devices at Cambedge, Minnesota, and at Davenport, Des Moines, Indianola, and Keosauqua were shipped from the Toftness Chiropractic Clinic, Cumberland Wisconsin, and the device at Columbia Heights, Minnesota, was shipped by an unknown shipper following its manufacture by the Toftness Chiropractic Clinic, Cumberland, Wisconsin; and the labeling of the devices lacked adequate directions for use for the purpose for which they were intended, mainly, for the diagnosis of disease in man, since they were worthless for such purpose; 502(f)(1).

     Subsequently the Toftness Post-Graduate School of Chiropractors and the Foundation for the advancement of Chiropractic Research, both of Cumberland, Wis, filed a joint claim and answer. Interrogatories were served by the Government and the claimants subsequently answered, depositions were taken, and in the course of the proceedings the actions against the devices in the W. Dist. Wis, Dist. of Minnesota. and S. Dist. of Iowa were transferred and consolidated for trial with the action in the E. Dist. of Wisconsin. On 06-28-71, the claimants having consented to the entry of a decree without admitting or denying the allegations of the libels, the court entered a decree of condemnation and authorized the release of the devices to the claimants for salvage of the parts from the devices under the supervision of the Food and Drug Administration.

     Thus 5 seizure actions at Milwaukee. E. Dist. Wisconsin; Boycelville, Cumberland, Eau Claire, Ladysmith, Marsh field, Wisconsin Rapids, W. Dist. Wisconsin; Cambridge and Columbia Heights; Dist. Minnesota; and Davenport, Des Moines, Indianola and Kecfsauqua, S. Dist. Iowa occurred.

     Again in 1972, the Toftness Radiation Detector device surfaced after our government had attempted to speak to its citizens in a gentle manner. At Reno, Dist. Nev charges were filed 10-03-1972 when the device was shipped by Dr. Harold Holmby, Reno, Nev., from Cumberland, Wis, the labeling of the article lacked adequate directions for use for its intended purposes, since adequate directions cannot be written for use by laymen for such purposes, and the article was not exempted as a prescription device, since adequate information for use by licensed practitioners could not be furnished; 502(f)(1). A default decree authorized delivery to FDA for exhibit and testing purposes. (F.D.C. No. 58296; S. No. 74-819 F; NJ No.62).

     In the U.S. District Court for the District of Oregon due to the high level of consumer complaints, an action was filed as the UNITED STATES OF AMERICA, plaintiffs, V. An article of device consisting of one device, more or less, labeled in part; (end of cylinder) "Toftness Post-Graduate School of Chiropractic, Inc., 1425 Second Avenue, Cumberland, Wisconsin 54829. 

     This was in 1975 by United States Marshal Everett R. Langford, and United States Attorney for the District of Oregon: Sidney I. Lezak and Craig J. Casey, Assistant United States Attorney.

     As simple as can be put, this case was filed only because to quote "CAUTION; FEDERAL LAW RESTRICTS THIS DEVICE TO SALE BY OR ON THE ORDER OF A CHLROPRACTOR." and also including as accompanying labeling the following items or written, printed, and graphic matter relating to the article: (one 2-page manual) "Toftness Radiation Detector Instructions for use...(one 5-page patent) "United States Patent 3,626,930..." Defendant, Civil No. 75-309.

     PUBLIC NOTICE IS HEREBY GIVEN ...the above described article was taken into the possession of the United States Marshal for the District of Oregon, pursuant to a warrant issued by the Clerk of the United states District Court for the District of Oregon in the entitled suit for condemnation and forfeiture, brought under the provisions of 21.U.S.C 301 et seq., wherein it is sought to have the above entitled article condemned and forfeitured for the following reasons: That the aforesaid article was misbranded when introduced into, while in, and while held for sale after shipment in interstate commerce, within the meaning as said Act, 21 U.S.C. 352 (f) (l) in that its labeling fails to bear adequate directions for use for the purposes for which it is intended, since adequate directions cannot be written for use by laymen of the article for such purposes; and the article is not exempt from the requirements of 21 U.S.C. 352 (f) (1) under regulations 21 CFG 1.106 (d) since adequate information for use of the article cannot be furnished under which practitioners can use the article safely and for the aforesaid purposes. All persons claiming any fight, title, or interest in and to the above... 1975, to show cause, if any there be, why the same should not be decreed against and forfeited to the United States... The charges were ethically made because of "Inadequate directions for use" the product was seized in Salem, Oregon. on 04-28-1975 and also Cornelius, Oregon., 04-25-1975. Both devices were shipped from Toftness Post-Graduate School of Chiropractic, Inc. Cumberland, Wisconsin. (M,S)...end of "PART 1 . Dr. Scott Neff, DC DABCO MPS-BT CFE DABFE FFABS FFAAJTS


"The die was now cast; I had passed the Rubicon. Swim or sink, live or die, survive or perish with My country was my unalterable determination. "John Adams"



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