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Dec. 5, 2008
LYME DISEASE TREATMENT WAS FRAUD FEDERAL INDICTMENT CHARGES Federal grand jury indicts John Toth and the suppliers of his ‘antimicrobial treatments’
KANSAS CITY, KAN. – A Topeka physician who lost his license and two California residents are charged with creating a fraudulent marketing scheme to sell medical equipment and drug treatments for a nonexistent epidemic of Lyme disease, Acting U.S. Attorney Marietta Parker announced today.
A 25-count federal indictment charges the conspirators with violating the federal Food, Drug and Cosmetic Act by conspiring to sell a microscope that supposedly would diagnose Lyme disease and drugs that supposedly would cure the disease. Marketing materials claimed that Lyme disease was
“the plague of the 21st century” and was a contributing factor in 50 percent of all chronic illness including Chronic Fatigue Syndrome.
Charged are:
John R. Toth, 59, who is in custody at Ellsworth Correctional Facility: One count of conspiracy to violate the Food and Drug Act, 8 counts of mail fraud, one count of introducing unapproved drugs, one count of introducing a misbranded drug, one count of receiving and distributing a misbranded drug, and count of introducing a misbranded medical device.
Robert W. Bradford, 77, Chula Vista, Calif.: One count of conspiracy, 8 counts of mail fraud, 5 counts of introducing unapproved drugs, 5 counts of introducing misbranded drugs, 5 counts of receiving and distributing misbranded drugs and one count of introducing a misbranded medical device.
Brigitte G. Byrd, 63, Chula Vista, Calif.: One count of conspiracy, 8 counts of mail fraud, 5 counts of introducing unapproved drugs, 4 counts of introducing misbranded drugs, 4 counts of receiving and distributing misbranded drugs and one count of introducing a misbranded medical device.
C.R.B. Inc., of Chula Vista, Calif., doing business as American Biologics: One count of conspiracy, 8 counts of mail fraud, 5 counts of introducing unapproved drugs, 4 counts of introducing misbranded drugs, 4 counts of receiving and distributing misbranded drugs and one count of introducing a misbranded medical device.
The indictment alleges that: – Bradford, founder of C.R.B., Inc., claimed to be a “doctor” and a “professor” although he was not a physician and had no science degree from an accredited university. He was the inventor of the “Bradford Variable Projection Microscope,” which he claimed could be used to identify Lyme disease. He had conducted human intravenous drug experiments for treatment of Lyme disease at a hospital in Tijuana, Mexico.
– Byrd was executive vice president of C.R.B., Inc.
– During the conspiracy, Toth was licensed as a medical doctor in Kansas. He was the director of The Luke Center for Integrative Health, Inc., in Topeka, Kan., and he established the Alternative Therapies Health Association.
Bradford, Byrd and C.R.B., Inc., executed a marketing plan aimed at creating demand for Bradford’s microscope and certain drugs they sold for the treatment of Lyme disease. In fact, there was no epidemic of Lyme disease, the microscope could not diagnose Lyme disease and the drugs the defendants were selling could not cure Lyme disease. The Food and Drug Administration did not approve Bradford’s microscope or his treatments for Lyme disease, which included injecting patients with Bismacine, Dioxychlor Sulfoxime, and Bio-Rizin
According to the indictment, Bradford, Byrd and C.R.B., Inc., made more than $400,000 from the fraudulent scheme during a period from April 2004 to August 2006.
In Topeka, Toth used Bradford’s microscope and his treatments. Toth charged patients approximately $100 for each use of the microscope and approximately $320 for a series of injections he called “antimicrobial treatment.”
In March 2008 in Shawnee County District Court, Toth was sentenced to 32 months after pleading no contest to a state charge of reckless involuntary manslaughter in the death of a patient, Beverly A. Wunder. As part of the plea agreement, he surrendered his medical license.
Upon conviction, the federal charges carry the following penalties:– Conspiracy: A maximum penalty of 5 years in federal prison and a fine up to $250,000.
– Mail fraud: A maximum penalty of 20 years and a fine up to $250,000.
– Introduction of an unapproved drug into interstate commerce: A maximum penalty of 3 years and a fine up to $250,000.
– Introduction of a misbranded drug into interstate commerce: A maximum penalty of 3 years and a fine up to $250,000.
– Receiving and distributing a misbranded drug: A maximum penalty of 3 years and a fine up to $250,000.
Introduction of a misbranded medical device into interstate commerce: A maximum penalty of 3years and a fine up to $250,000.
The Food and Drug Administration – Office of Criminal Investigation worked on the case. Assistant U.S. Attorney Kimberly Hare and John Claud, trial attorney with the Department of Justice’s Office of Consumer Litigation, are prosecuting.
I collected more tidbits about him a year or so ago than I could count! Whatta guy!
