Monday, April 12, 2010

A Trial Down in Texas in May, his vital Us All

Events appear to be marching slowly but surely towards a trial in Texas which may have major implication for all of us regarding our freedom of access to dietary natural health supplements. The conflict began as result of an FDA complaint five years ago that seeks to set a precedent for how much control the FDA has over all natural supplement companies. It pits Utopia Silver, a small natural supplement company and maker of colloidal silver which I consult to, against the Goliath of the FDA and the World Pharma lords the FDA serves.

Much like the Alamo defenders in days gone by, this small company and it's supporters of health freedom are pitted against a corrupt giant determined to impose it's will and stifle freedom - and, just like the Alamo and the struggles that followed, the outcome may effect the freedom and future of millions.

Five years ago, about the same time that the FDA began renewed targeting of colloidal silver because of it's effectiveness as a natural anti-biotic and rising popularity - and not coincidentally as a threat to the profits of Big Pharma and mainstream medicine - the FDA sent an email to the Texas Department of State Health Services (TDSHS ) essentially complaining that Utopia Silver was making medical claims which, in the eyes of the FDA turned their supplements into drugs. The TDSHS then brought the complaint to the OfficerTexas Attorney General (TAG).

It has since been determined that among the targeted objections are: having medical terms such as cancer, hepatitis, diabetes, etc., posted anywhere on the website; having any medical terms in a search engine, and the posting of testimonials from customers who had taken any company products and defeated or improved any medical condition.

Such restrictions appear to be clear violation of the First Amendment (Freedom of Speech) of the Constitution of the United States of America, especially the prohibition against posting testimonials and the truth about how people think that nutritional supplements have helped them.

If the FDA is to have their way, I'm looking for a person, a natural dietary supplement for any medical condition not be in position for each site, vitamins, minerals, natural supplements or traditional medicines and other alternatives can go to the search term for the city or somewhere in that site. Nor would they see the situation, the statements of those who hadused an alternative to FDA approved drugs and medical procedures.

Next Wednesday there is a meeting between the parties in a Judges chambers in Austin, Texas as they attempt to comply with a judges request to work out an agreement. So far the Texas Attorney General's Office (TAG), which are commissioned officers of the FDA (which is likely a violation of both the Texas and US Constitutions), appear to be obviously acting on behalf of the FDA, have not given any indication of making a fair or reasonable settlement.

Last spring, the Assistant Texas Attorney General in charge of the case, Raul Noriega, first agreed and then reneged on an oral agreement that would have settled the case. When asked why Noriega's only response was that he was told by higher ups to proceed to trial despite the prior agreement to settle.

Last summer, TDSHS employees paid three visits to the Utopia Silver offices and lab locations, and asked to make inspections. The first time, two TDSHS officers visit. One identified himself as "Inspector" and the other as "auditors". The owner of Utopia Silver, Ben Taylor, asked to see credentials so you can make a copy. When they refused they went away.

The next day he returned, accompanied by two police officers in Texas, and said they had issued an arrest warrant. If she wanted to see Taylor again refused and said that Austin could go if he wanted to see if her and threatening to arrest Taylor,did not comply. At that point, Taylor began placing a phone call to the local sheriff, and the TDSHS employees and State Troopers beat a hasty retreat. It was later determined that no properly executed affidavit ever existed.

Two days later the TDSHS empoyees returned for a third time, just ahead of a Sheriff's Deputy. Taylor told them that since he was expecting the deputy to be there that morning to take statements about their activities day before, he would talk to them after he spoke to the deputy. He told the two TDSHS men to wait outside until the deputy took statements from four employees who had witnessed what had transpired the previous day.

"In the middle of the first statement," said Taylor, "the investigator came in asked to speak to the deputy. The deputy followed him to the lobby and I followed right behind. The TDSHS man asked if I was going to comply with the warrant for an inspection. I again told him that I would talk to him when I finished with the deputy"

"He then proceeded to say that since I was refusing his inspection," Taylor continued, "would I sign a document stating that I refused inspection, and I said no and they left. After that, we finished giving our statements to the Sheriff deputy and so far they have not been back."

Most recently, they have continued to stonewall and refuse to answer questions or otherwise attempt to make clarifications requested by Ben Taylor in accordance with the presiding judge's Request of both parties to work together to try to draw up an agreement. In Utopia Silver asked why they were singled out for such actions and nothing was happening to similar companies, "said Attorney General Noriega, that" someone "had decided to Utopia Silver a test. After making the statement that he was the TDSHS officer, who went to hem and haw Taylor, "apparently at this point uncomfortable with this statement is made to Have interruptedby the Assistant Attorney General."

While the Texas Attorney General's office may try to contend that this is merely a state action "to insure the safety of the citizens of the State of Texas", the truth is that in Texas the state attorney generals are commissioned as officers of the FDA and there is no denying that the investigation into Utopia Silver began as a result of an FDA complaint.

The outcome of the trial could have huge implications for thousands of similar companies as well as for the many millions of U.S. citizens who choose to use natural dietary supplements. Although not publicized until today, already many individuals and organizations are aware of this FDA led outrage and are anxiously waiting to see how it unfolds. Among them is an associate of Aaron Russo's who has indicated that they want to include the case in an upcoming documentary.

Before all is said and done, there are likely to be many more interested parties join the fray in support of Utopia Silver and the issues at stake in the case. It could well be that the Texas Attorney General and those who are really behind the lawsuit may find that Utopia Silver has more friends and supporters than they have imagined possible.

(Note: After the hearing next week and as this case moves forward I intend to update The Best Years In Life and the world about what is happening down here in the Hill Country of Texas that may affect us all. Should the FDA persist in trying to usurp the US Constitution and our rights to access to safe and effective alternatives to dangerous mainstream drugs and managed illness I promise that I will do my best to raise a hue and cry far and wide. And I will be calling upon my friends here to help raise it.)

The Texas Constitution

Article 1 - BILL OF RIGHTS

Section 8 - FREEDOM OF SPEECH AND PRESS; LIBEL

"Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. In prosecutions for the publication of papers, investigating the conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases."

"The FDA "Protect" the big pharmaceutical companies, and then rewarded with the government and police powers they attack those who threaten the big drug companies. People think the FDA is protecting them.

It is not.

What the FDA is doing and what the public thinks it is doing are as different as night and day. "
Dr. Herbert Ley
Former FDA Commissioner U.S.

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Sunday, April 11, 2010

Dental and Medical Collection Legal Guidelines

Every medical and dental practice with patients who do not pay deal. If you do not have any relationship with these patients, the costs are simply transferred to other patients - the practice may simply suffer or fold.

But the problems are very real dental and medical collection laws, you should think carefully before you remember to pay your patients. Eventually it can be very good, better than outsourcing your medical or dental claims to be one of the new doctors anddental collection agency / accounts payable processing centers.

After the Fair Debt Collection Practices Act (FDCPA), the medical or dental billing notices are essentially the same conditions for an auto loan collections mega-bank.

Real-World medical and dental dilemmas Debt Law
Anne, a secretary at Westville Orthopedic Associates, calls a patient who has just turned 18, I remember for a copayment in abeyance. The patient's mother respondsPhone. If Anne

1) Take the issue of payment by the patient's mother?

2) Remember to leave a message with the mother of the patient, the patient co-payment due?

3) You leave a message for the patient, the Westville Orthopedic Associates back?

4) say that call later and quickly hang up?

Everything is just one of the four options mentioned above, a violation of federal law debt collection. Can you guess which one? The proper courseThe action is option number 3 because the others are illegal? Look at each of these options:

1] It 's illegal to transfer the call to third.

2] See section one, I remember the news of a debt in the information on to third parties.

3] This is the only appropriate method.

4] The FDCPA requires that all creditors to identify themselves when making a call. Although I can not tell you what you need on the application, for example, your company nameHanging.

Not ready for your medical or dental study to become a lawyer? You can on issues of medical and dental collection laws by outsourcing the entire process to a processor required professional medical or dental or medical debt collection companies. This option also has the advantage of saving your staff a lot of work. After all, not only for medical or dental practice, not a legal practice, not an accountant, either.

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Saturday, April 10, 2010

The importance of obtaining a permit for concealed weapons

The debate on the acquisition and possession of weapons in the United States has a history and plans unsolved until now. While the debate rages, they are still allowed people to acquire and own guns to protect their property for hunting and gathering. In Texas and other states, it is important for individuals to carry concealed weapons on legal persons if they have to do the right license.

It is very important to realize that individualsGravity to obtain a license before holding a gun in a secret way. If a person is shot with a pistol without a license, permit or caught wearing in a hidden way, without the law, he or she may be subject to criminal charges of weapons possession. These criminal charges can be fined, the result of probation, revocation of licenses for weapons and even imprisonment.

For a concealed pistol license in Texas, applicants must often show proof of residence in the State for aAt least six months. Individuals can show such proof, in the form of leases, bills and official documents showing the address of the person in the state. People are often necessary to ensure proper identification, driving licenses, social security cards or other forms of government can prove also issued photo ID.

Persons convicted of crimes of violence or other types of weapons convictions, may not apply for a pistol hiddenLicense if the conviction occurred within the last ten years. The laws require that only be granted to make a good reputation with the law and a clean record for the decade before the law of a gun on his person. While many people are unaware of those DUI offenders and people may also have been found to hide weapons of DWI denied the right to make.

Search for a concealed weapons should be brought in the rule necessary authorization, weapons safetyThe classes, which usually belong to fifteen hours of instruction on rules and regulations of the State. At the end of courses, an applicant must wait a period of sixty days to make the application process and acceptance or rejection will be completed.

It 'important to remember that you always have the appropriate licenses to the first implementation of a concealed weapon. There is also the licensee to be aware of government buildings, schools and mainother places that do not allow people to carry arms NCOs, even if they have to allow concealed weapons. If you want to know more about possession of illegal weapons and weapons permits, visit the website of the Austin criminal defense counsel Ian Inglis.

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Friday, April 9, 2010

Consensual crimes - crimes not now

While numerous violent criminals and white-collar criminals roam free, and innocent people rot in prison and on death row for crimes they didn't commit, law-enforcement resources are used to destroy the lives of consenting adults who do not harm anyone. One article I ready suggested that approximately four million people are arrested each year and 350,000 are in prison for consensual crimes.

I am considering a "consensual crime" to be defined as a criminal act committed by two or more people who agree to participate, and does not include persons against their will. The following is a non-exclusive list of offenses that can be agreed between the parties could prostitution, adultery, homosexuality, sodomy, gambling, some drug use (marijuana) and assisted suicide.

Another name for this type of crime can "victimless crime, why not do anyone any harm, they do not cover a subject other than those who decided to commitActivities. So there are no victims.

If people are arrested for these crimes, their ability to remain gainfully employed, is at risk. A sentence is passed virtually guaranteed the loss of their livelihoods. release from prison after convictions may affect their ability to find new jobs.

Although it is not a crime to pay, the record of arrests only significantly damage their lives. It can also lead to the loss of those jobs and the difficulty of finding newand can interact with other aspects of their lives, like the ability to disturb, to obtain credit, buy a car, rent an apartment to get custody of children or to vote.

Therefore, the financial consequences of a conviction or arrest these people, they need long-term support from the government or charities. Or it can lead to serious crime, according Resort, what they learned from real criminals in custody. This is all a big burden for the economy and, in addition to the cost ofArrest, detention and prosecution of them.

In order to avoid conviction and imprisonment, the accused may have to spend thousands of dollars in legal fees. For certain offenses, can perform the amounts to tens or hundreds of thousands of dollars. If case together with the financial possibilities for themselves and their families have nothing to consider suicide, and some may see it as the only way out. If this is the action of the defendants is the company that has an impact from the loss of productivity and betterimportant, the impact of family and friends of the accused.

Government prepared for all disorders of protecting the lives of consenting adults "them of possible consequences that may occur - and they alone - through their freely chosen actions.

Since these arrests the lives of innocent people, can devastate a strong argument that Christian charity, taught by the grace of other religions and philosophies, is reason enough to leave are consenting adultsseen alone, but the irony is seldom that often the Christian principles on behalf of these laws exist or persecuted ....

Law enforcement resources are wasted investigative steps consensual

Government's attention on consensual acts leads to more ethical behavior in a different way. To the extent that law enforcement resources were used against consenting adults, there is a corresponding reduction in resources available to cover the criminals who pose a real threatThe company, criminals, cause other damage and were just trying to benefit themselves.

A huge need exists, efforts to support those arrested innocent damage increase. They harass someone every two seconds in the U.S., and five of six Americans may one day be victims of violent crimes. According to author Peter McWilliams, arrests committed while only 20% of crimes against persons or property. He also says a murderess escaped six, eightten burglars aren't arrested, and only 5% of forcible rapes lead to prison time.

McWilliams further reports that $10 billion in personal property is stolen each year and never recovered. Billions more are illicitly obtained through white-collar crime. Even if the person is not harmed, if the victim files an insurance claim or takes action to recover damages, this alone ties up resources and takes resources from the economy, causing an impact that was definitely undesired.

Using The resources of law enforcement against consensual acts also makes the U.S. vulnerable to terrorism. According to the 9 / 11 Commission Report, in 2000 there were twice as many FBI agents assigned to drug law enforcement, anti-terrorism assigned. The FBI's counterterrorism chief, said the Commission, which wants to "500 analysts view Osama Bin Laden ... but there were two." And former Vice President Al Gore, who pay before 11 September, the Bush administrationMinistry of Justice had more FBI agents investigating a suspected brothel in New Orleans as the monitoring bin Laden and al-Qaida.

There is obviously a strong need for law enforcement in its answers to the real crimes committed against persons or things to improve. But every year in the United States, police authorities to arrest about 50 billion dollars to prosecute, and imprison people for committing crimes consensual. Some estimates suggest that about half of all law enforcement resources are used inThe connection with consensual crimes.

These funds could do much to remedy the current deficiencies in law enforcement in the treatment of more serious crimes. Through this misallocation of resources, many abusive and violent criminals may escape justice and continue to hunt on the public. The same principle applies to white collar criminals who may never have discovered ... do not forget, the Enron and WorldCom scandals.

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Wednesday, April 7, 2010

Texas DWI Defense Attorneys Assist Texas Residents in DWI Cases

2004 saw nearly 100,000 drunk-driving arrests in the state of Texas-basically, one for every 230 Texas residents. Although operating a vehicle while under the influence is certainly a grave offense, everyone deserves legal defense under the law, and no one should pay time or money for a crime they didn't commit.

Although the legal limit in Texas is 0.08 BAC (blood alcohol content), drivers can still be pulled over for DWI even if their BAC falls within the legal limit if their driving appears to be impaired by drugs or alcohol. In the event that you find yourself pulled over for driving while intoxicated, the roadside breath test is voluntary, and it is never in your best interest to submit to a roadside breathalyzer test; if you submitted to the breath test, however, fret not-there are several legitimate defenses that can be used to impugn the results of a roadside breath test.

The same goes for breath, blood, or alcohol tests after booking. Never submit to an alcohol test of any kind until you've spoken with an attorney qualified to mount a DWI defense in the state of Texas.

The most important thing to remember is this: never, ever admit to guilt or discuss the case until you've spoken with a qualified DWI attorney. The primary aim of a DWI defense attorney is to get the charges dropped; if that proves impossible, the secondary goal is to find a way for you to retain your driver's license-your lifeline to gainful employment. Both of these goals can be jeopardized by admitting guilt, submitting to alcohol test, or spending time discussing the charges with arresting or booking officers.

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Thursday, April 1, 2010

Misconceptions in Drunk Driving Accidents

Since the failure of Prohibition decades ago, alcohol has become an important, inextricable part of our society. Whether having a casual drink with friends, going out to a nice dinner with a significant other, or yes, bar-hopping on a Friday night, countless Americans consume alcoholic beverages every year. Unfortunately, as many of us know, there is a darker side to alcohol consumption. Drunk driving accidents, for example, claim thousands of lives every year.

The reaction to such incidents has been varied, with opinion split between "pro-alcohol" advocates and "pro-temperance" advocacy groups like Mothers Against Drunk Driving (MADD). However, somewhere in the midst of media posturing, political wrangling, and impassioned speech-making on both sides, many facts about alcohol and drunk driving have been pushed aside and replaced with more dramatic statistics used to prove opposing points of view.

For example, people are often confused about the differences or similarities between the legal limit of blood alcohol and the actual state of intoxication. In the United States, the legal limit of Blood Alcohol Concentration (BAC) is .08 percent. Driving with a BAC over this limit is illegal and can lead to arrest and conviction for DWI. This legal limit should not be confused with a practical limit of intoxication. The figure .08 means different things for different people. Many heavy drinkers, for example, show little or no signs of clinical intoxication at a BAC of .08.

Sometimes, misguided, though well-intentioned beliefs lead to policies which do more harm than good. For example, in some jurisdictions, known as "dry" counties, a system similar to Prohibition reigns, in the hope that outlawing alcohol will prevent drunk driving fatalities. On a shallow, surface level, such a system is plausible, though possibly unattractive to residents and local businesses. Unfortunately, the numbers do not bear out such an assumption; studies have consistently shown that states with a high number of "dry" counties have more drunk driving-related accidents than those with less "dry" counties. The reason? Imposing an artificial "dry" county ban on alcohol only serves to make people drive farther and more frequently to consume alcohol, leading to more accidents in practice - an important example of the difference between theory and application.

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Misconceptions in Drunk Driving Accidents

Since the failure of Prohibition decades ago, alcohol has become an important, inextricable part of our society. Whether having a casual drink with friends, going out to a nice dinner with a significant other, or yes, bar-hopping on a Friday night, countless Americans consume alcoholic beverages every year. Unfortunately, as many of us know, there is a darker side to alcohol consumption. Drunk driving accidents, for example, claim thousands of lives every year.

The reaction to such incidents has been varied, with opinion split between "pro-alcohol" advocates and "pro-temperance" advocacy groups like Mothers Against Drunk Driving (MADD). However, somewhere in the midst of media posturing, political wrangling, and impassioned speech-making on both sides, many facts about alcohol and drunk driving have been pushed aside and replaced with more dramatic statistics used to prove opposing points of view.

For example, people are often confused about the differences or similarities between the legal limit of blood alcohol and the actual state of intoxication. In the United States, the legal limit of Blood Alcohol Concentration (BAC) is .08 percent. Driving with a BAC over this limit is illegal and can lead to arrest and conviction for DWI. This legal limit should not be confused with a practical limit of intoxication. The figure .08 means different things for different people. Many heavy drinkers, for example, show little or no signs of clinical intoxication at a BAC of .08.

Sometimes, misguided, though well-intentioned beliefs lead to policies which do more harm than good. For example, in some jurisdictions, known as "dry" counties, a system similar to Prohibition reigns, in the hope that outlawing alcohol will prevent drunk driving fatalities. On a shallow, surface level, such a system is plausible, though possibly unattractive to residents and local businesses. Unfortunately, the numbers do not bear out such an assumption; studies have consistently shown that states with a high number of "dry" counties have more drunk driving-related accidents than those with less "dry" counties. The reason? Imposing an artificial "dry" county ban on alcohol only serves to make people drive farther and more frequently to consume alcohol, leading to more accidents in practice - an important example of the difference between theory and application.

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