AsystBio LLC case

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Mikedunford
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Re: AsystBio LLC case

#51

Post by Mikedunford » Tue May 28, 2019 7:06 pm

Maybenaut wrote:
Tue May 28, 2019 4:13 pm
As an aside, if it were me, I wouldn’t be talking about this on the fogbow *at all.*
:yeah:
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Re: AsystBio LLC case

#52

Post by Slartibartfast » Wed May 29, 2019 5:56 am

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Sterngard Friegen wrote:
Tue May 28, 2019 6:13 pm
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Re: AsystBio LLC case

#53

Post by Maybenaut » Wed May 29, 2019 7:41 am

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Re: AsystBio LLC case

#54

Post by Whatever4 » Wed May 29, 2019 3:51 pm

Slarti, you are too far into this to be objective. You are playing in an entirely different arena than you’ve been trained for. People who ARE objective and ARE expertly trained in this arena are telling you the same thing, and you are arguing with them that your case is different. It’s NOT. You don’t understand the sport. They do.

Real lawyers who know you have said that you shouldn’t post about the case. You post more. They say they wouldn’t in your shoes. You post anyway. Even if we were to believe your details, we only hear your side. We don’t hear the other side OR the judges take.

This will cost you money one way or another and it’s not worth it. Please listen to the pros.
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Re: AsystBio LLC case

#55

Post by Reality Check » Wed May 29, 2019 5:52 pm

I mentioned Phil Berg when Sterngard posted the question about invoking the False Claims Act only because that evoked memories from 2009. About the time I joined the Fogbow the Birther blogs were all abuzz about Berg's super secret sealed case. It was a writ of qui tam brought against President Obama under the False Claims Act. The Fogbow was a great resource to find the answers about cases like this and why they were doomed to fail. I think Orly copy catted Berg and filed her own case.

I am sure Stern was sincere when he asked the question so I would in no way compare the two situations. Maybe I should have added the :sarcasm: smiley.
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Re: AsystBio LLC case

#56

Post by Sterngard Friegen » Wed May 29, 2019 6:15 pm

In response to Slarti's very lengthy reply to my comments, I will be very brief:
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Re: AsystBio LLC case

#57

Post by Slartibartfast » Thu May 30, 2019 7:23 am

Stern,

Have you ever considered the possibility that I really am as smart as I think I am? Or that you might be wrong in this case?

Remember Abd, the physicist who was covering the cold fusion trial for a journal who someone (RPenner, I believe) invited here to talk about the trial? And you treated him like a birther and drove him off. He was a respectable professional doing paid reporting for a legitimate scientific journal on a trial which could have had serious repercussions on the credibility of their field. Mike D and I posted a little over on his blog (and he was appreciative of Mike's expertise), but then the lawsuit was settled (ruinously for both sides but great for the lawyers) and that was that.

Please don't tell me I'm wrong or full of crap unless you are willing to apply the same standard to your own behavior. I've never made a personal attack, compared another poster to a birther, or been anything but honest, forthright, and thoughtful on this forum and I never will. I'm often the subject of personal attacks because I attack positions people are emotionally invested in and they lash out. I understand that and I don't mind -- I forgive them and you. You have enormous expertise and equally enormous and justified confidence (as well as competence) and you've never seen me in my professional environment. I am a professional and a skilled one. I have never disrespected you personally or professionally -- in fact, I hold you in the utmost respect -- and would appreciate the same courtesy from you. My credibility is going to be verified or falsified by the empirical evidence. I wouldn't have it any other way. I would advise against betting your own credibility on the latter.
Maybenaut wrote:
Wed May 29, 2019 7:41 am
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Re: AsystBio LLC case

#58

Post by Sterngard Friegen » Thu May 30, 2019 8:35 am

When a client hires a lawyer one of the things the client needs is an objective view of the facts and the law. That's why clients who represent themselves (even those who are lawyers) are usually poor advocates.

I think I'll just leave it at that.

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Re: AsystBio LLC case

#59

Post by Sugar Magnolia » Thu May 30, 2019 9:43 am

....most of that work must be done by me because no lawyer can possibly understand the academic issues well enough to weigh them against the legal issues.
And yet you can understand the legal issues well enough to weigh them rationally? Right and logical and legal are rarely the same thing. If attorneys were incapable of understanding issues outside of their "expertise" then no complicated cases would ever be heard.
.......and will do my best (with as much expert help as I can get) to use them to get what I want.
And yet you are unwilling to accept any expert help at this point. Whether you admit it or not, legal advice IS expert help, regardless of the underlying case. When something becomes a legal issue, the arena becomes a legal one, and no matter how smart or well-educated you may be as a scientist, the courtroom isn't an academic arena. All of this "underlying" stuff you keep referencing means nothing in court if it can't be admitted legally, in the right order and the right place and the right form, so your expertise as a scientist is worthless, but an attorney's expertise can be priceless. If you can't expect a team of lawyers to understand the academic issues, how can a single judge, chosen at random, be expected to? What the judge understands is the legal issues.

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Re: AsystBio LLC case

#60

Post by RoadScholar » Thu May 30, 2019 10:33 am

Slarti, your less-than-perfect objectivity is evident in the fact that you tend to interpret the FogBar’s trying to help you as attacking you.

I’m just sayin’.
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Re: AsystBio LLC case

#61

Post by Mikedunford » Thu May 30, 2019 12:30 pm

Slartibartfast wrote:
Thu May 30, 2019 7:23 am
Have you ever considered the possibility that I really am as smart as I think I am? Or that you might be wrong in this case?
There's an Oliver Cromwell quote - one which, I believe, has been transposed into a Bayesian maxim of sorts - that seems apropos: "I beseech you in the bowels of Christ, think it possible you might be mistaken." My confidence that you are adequately considering the possibility you might be mistaken is, at least on the current evidence, not terribly high.
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Re: AsystBio LLC case

#62

Post by Maybenaut » Thu May 30, 2019 1:24 pm

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Re: AsystBio LLC case

#63

Post by Dr. Caligari » Thu May 30, 2019 4:13 pm

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J.D., Miskatonic University School of Law

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Re: AsystBio LLC case

#64

Post by realist » Thu May 30, 2019 5:08 pm

Dr. Caligari wrote:
Thu May 30, 2019 4:13 pm
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Indeed.
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Re: AsystBio LLC case

#65

Post by Sterngard Friegen » Thu May 30, 2019 11:21 pm

Dr. Caligari wrote:
Thu May 30, 2019 4:13 pm
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:like:
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Re: AsystBio LLC case

#66

Post by Chilidog » Fri May 31, 2019 2:11 am

My $0.02

Slarti, you are an incredibly smart man. I like you. I think you will go far, once you focus your energy where it needs to be focused.

But, sometimes you can be an ass.*

This is one of those times. Listen to what your friends are telling you.


* it happens to all of us.

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Re: AsystBio LLC case

#67

Post by Slartibartfast » Tue Jun 25, 2019 4:50 pm

Chilidog wrote:
Fri May 31, 2019 2:11 am
My $0.02

Slarti, you are an incredibly smart man. I like you. I think you will go far, once you focus your energy where it needs to be focused.

But, sometimes you can be an ass.*

This is one of those times. Listen to what your friends are telling you.


* it happens to all of us.
I'm certainly aware of the possibility of being wrong (I actively seek it -- that's what being a scientist is all about) and being an ass (although I don't take anything personally -- if one of you does something that annoys me, I am the one that is annoyed, i.e. I'm the one who has a problem that needs correcting... and vice versa), but that's not what's going on here. What my friends are telling me is that they care and they are concerned, but I know they don't have sufficient knowledge of the situation to have informed opinions, let alone expert ones.

I am listening to my lawyer -- the one I am paying, Sara -- and this is what she says about the significance of the situation:
As for the whistleblower matter, I think the gravity of the situation revolves around the integrity of the grant system. Small business grants are made, so that the public invests in scientific discovery. When those funds are used, instead, to line pockets or by individuals who are not actually seeking to make advances in science, it jeopardizes the future of the investment. Whistleblowing exists because there is gamesmanship in every system. If you are ethical, you are obligated to report any misuse of the system.

Sara [Fazio]

PS – My P number is P62046.
Except for the public investment in question being into the commercialization of scientific innovation rather than discovery (a nuance that she doesn't need to be aware of -- but I do) we are in complete agreement. But the last two lines apply equally to the legal side of the situation. Which I recently convinced Sara was not only serious, but that I have been improperly prevented from getting her advice on since August (read: potential massive cause of action against defense lawyers for using their position as licensed attorneys to bully a non-lawyer -- me -- in order to cover up their unforced error of giving me evidence of their malfeasance as well as their client's malfeasance and proof that the entire defense was based on malpractice [holy fuck, I've never said it like that before, but I can back that statement up... in spades]).

What happens next is the whistleblowing (government investigations already having been initiated by official action rather than whistleblowing complaint). As I am about to be a whistleblower, the privacy rules are there to protect me and others from disclosures by the government -- I am still free to disclose any information I am legally in possession of. As I am an information weapons designer that has been working on this case for three years, all disclosures hurt those who don't agree with my documented narrative by design. In addition, making legitimate whistleblowing public is critical both to its success and the protection of the whistleblower -- which, in this case, is ME. I told you guys I knew what I was doing.

There is nothing that I am saying here (or have said, by the way), that would bother Sara, probably even nothing she hadn't already told me I was free to share, and there is no one on the FogBar that has even close to the amount of relevant relative expertise and knowledge regarding this case that she does. I would also point out that she would be the first to acknowledge that my knowledge AND expertise in this case are far beyond her own (not to mention that any ethical lawyer will be required to consult a data scientist as part of their due diligence in this case -- right now there is only one in position to give an informed, expert opinion... me -- so no lawyer can claim superior expertise, just additional expertise, unless they themselves are a data scientist of my caliber). At least until I can bring her up to speed -- and I've got to pay for that. I'll be able to do so much more cheaply after I've polished off all of the rough edges explaining to all of you.
:towel:

So I'm going to work out what to do right out in the open. Here. Because all of the information I'll be going over is both mine to share and/or legitimate whistleblowing. And the Fogbow is a good place to challenge some falsehoods that have been festering and growing for over three years. And it will give me great joy to share it with all of you. And I think you will be entertained as well. But this is really serious.

Bill Kaufmann, my postdoctoral mentor and a professor at UNC committed plagiarism and perjury to steal a $270K grant from my company (which means they defrauded the federal government). In addition to the fraud, the conspiracy of which he was a part (and I'm using the legal term correctly, by the way), held a threat over my reputation and the reputations of my colleagues which has created ongoing damage to our careers for over three years. By preventing a plan that BILL BELIEVES (as in, "I can prove that Bill believes") might effectively cure cancer from being tested on the merits -- something he stood to make both a fortune and a legacy on.

Dennis Simpson, who, when all of this started, was the person with whom I had the longest and best professional relationship in my life, threatened to do everything in his power to destroy me and James in February. Which, in context, is a threat of retaliation against whistleblowers to cover up the conspiracy. He also improperly redacted incriminating evidence against Bill for discovery, but I believe he was being set up by an existing internal NIH investigation (that is in addition to the investigation referral that was made last week by the NIH Extramural Research Integrity Officer -- A delightful woman and scientist and author of Joan Procter, Dragon Doctor).

In any case, he'll have to explain to UNC why he and Bill thought they had the right to use their power as UNC employees, professors, and scientists to destroy me and James. And probably why they thought that getting a $50K supplement to the grant based on the work described in the material plagiarized from James was a good idea. Not to mention that, unless I miss my guess, that money ended up being used as a "slush fund" rather than do work that James and I or someone with equivalent expertise (not easy to find) would have been required to complete. But that will all come out in the wash. Or at least the audit.

Bill Rohn and Adam Brody, both partners at Varnum LLP, the largest law firm in Grand Rapids, have ignored an irreconcilable tangle of conflicts of interests between their clients and incontrovertibly committed malpractice by failing to do due diligence. They also knowingly lied on a pleading to the court by repeating the falsehood they failed to do their due diligence by verifying after they were told, on the record, in no uncertain terms that it was a falsehood. They have also given AsystBio, a client of Varnum, a massive cause of action -- for which proof is already in the record. How big? I don't know, I'm not a lawyer.

Adam, Bill, Dennis, and Bill have wielded their institutional power against my colleagues and me while blocking our official lines of communication with Varnum, UNC, the NIH, the NCI, the SBA, and THE FREAKING FEDERAL GOVERNMENT (SAM.gov -- this is a big fucking deal, by the way, as all federal grants must go through this website). The government agencies are already investigating and, in the end, my hope is that Bill and Dennis will be debarred from receiving federal funds (it doesn't matter how long -- I doubt they will ever be able to work as legitimate scientists again), suspended from UNC pending investigation and fired for cause when it is complete, the federal government claws back the $270K, and the IRS probably puts a lien on the unpaid taxes on the ill-gotten grant. (What do you think, Butterfly Lady?) Which is roughly what's probably going to happen. Because of events that have already (and irrevocably) been set in motion.

When I went to North Carolina to talk to them, after the Baltimore meetup, Bill told me this was a game to everyone but me while Dennis was sitting right next to him. So be it. I like to play games too. also. My game is poker and they went all-in three years ago (I've been all-in for about 10). I just called their bluff.

Hey guys, you lose.
:towel:

I still have the ethical obligation that Sara spoke of with regard to the abuses of the institutional power of Varnum and UNC. For the latter, I am in the chain of command -- I was Bill's postdoc -- and have an alternate (my second postdoctoral mentor, Tim Elston) through which I can formally complain (and demand whistleblower protection). But I have no official way to contact Varnum (even though my company, AsystBio, is their client) because Adam and Bill won't respond. Which is probably contempt and arrogance rather than awareness of guilt, but it doesn't really matter.

My recourse (not as someone who was harmed as both a plaintiff and a client defendant, but as a citizen) is to file a request for investigation with the Michigan Bar Attorney Grievance Commission. Which is exactly what I'm planning on doing (but I've got to write it first). If that doesn't result in Adam and Bill being disbarred (eventually), I will be very surprised. And will make sure that all of the details of the investigation that I will be entitled to know are public. Including my entire complaint. This will fulfill the last of my ethical obligations.

At that point, I will switch my focus to my interests and the interests of AsystBio (and AdderStone, the company with which I will be moving forward). In order to deal with me, UNC will have to sever ties with Bill and Dennis (and help me ensure that they didn't slander me to our colleagues and repair the damage if they did) and Varnum will have to sever their ties with Adam, Bill, the member defendants, and Asystbio Labs. Or they have a conflict of interest that I can prove (mathematically) in court and will own Bill and Adam's malpractice and knowingly false statement. There's some other stuff too. also.

But it will be Sara's job to negotiate with Varnum. The point of all of this is to make me whole. I define that, at a minimum, as a quarter of a million dollars in cash and a million dollar investment in my company -- that's enough to get going again, not to replace what the asshats destroyed, mind you. Otherwise I tell the story on the internet and attempt to raise that money through crowdfunding. In any case, the price for my silence in this matter has eight figures. And won't unring any of the bells I'm ringing here. Which is why I'm doing this. Plus, I'm having a lot of fun.

Once my role in all of that is behind me, I will be... working on my life's work -- which I'll be doing, not talking about (well, I'll be talking about it too, also, but not necessarily on the Fogbow and certainly not on this thread). But I consider my life's work making stone soup, so I'll brew up some right here for all of you to sample. Remember that you are all the audience -- so don't worry about the danger I'm seemingly walking unknowingly into, I'm the person who is going to be least surprised about absolutely everything -- and enjoy the show. But this is also performance art, I'm not doing it for you I'm doing it with you.

Your participation is welcome. Just realize that there are many nuances, twists, and reveals yet to come, and, if I'm saying something, I have decided that thing needs to be said and that is the time to say it. For a reason. And that the story won't end with me looking like an idiot. A principled fool, perhaps. I can't guarantee that about the other actors, though. Though James won't say anything and Mr. Brolin just points out when others make themselves look like idiots. But I think that's because he's British. Or maybe because, as he has said, our former colleagues are stupider than a very stupid thing with extra stupid sauce on top. A comment that I am free to talk about because it was discussed in my deposition, by the way. But the accuracy of Mr. B's comments are demonstrated much more effectively by their own words and actions.

You'll see. And so will they.
:towel:
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Re: AsystBio LLC case

#68

Post by Sterngard Friegen » Tue Jun 25, 2019 7:05 pm

:brickwallsmall:

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Re: AsystBio LLC case

#69

Post by SLQ » Tue Jun 25, 2019 9:50 pm

Sterngard Friegen wrote:
Tue Jun 25, 2019 7:05 pm
:brickwallsmall:
:yeah:
"Try not. Do or do not. There is no try."
-- Yoda

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Re: AsystBio LLC case

#70

Post by Sterngard Friegen » Tue Jun 25, 2019 11:19 pm

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Re: AsystBio LLC case

#71

Post by Somerset » Wed Jun 26, 2019 12:04 am

Slartibartfast wrote:
Tue Jun 25, 2019 4:50 pm


I am listening to my lawyer -- the one I am paying, Sara -- and this is what she says about the significance of the situation:


Have you shown Sara this thread?

If not, you probably should.

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Re: AsystBio LLC case

#72

Post by Foggy » Wed Jun 26, 2019 7:47 am

Off Topic
If you name the people you are suing, they'll be able to find this website and this thread. And your other 7,000 posts on the forum. Just sayin'.

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Re: AsystBio LLC case

#73

Post by realist » Wed Jun 26, 2019 8:02 am

Somerset wrote:
Wed Jun 26, 2019 12:04 am
Slartibartfast wrote:
Tue Jun 25, 2019 4:50 pm


I am listening to my lawyer -- the one I am paying, Sara -- and this is what she says about the significance of the situation:


Have you shown Sara this thread?

If not, you probably should.
And if the communication of hers you posted was a communication to you, you have likely waived your attorney/client privilege.
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Re: AsystBio LLC case

#74

Post by Sterngard Friegen » Wed Jun 26, 2019 8:31 am

I believe that this entire thread should be deleted. It was unwise to start it and it's unwise to continue it.

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Re: AsystBio LLC case

#75

Post by jmj » Wed Jun 26, 2019 9:44 am

From the point-of-view of a semi-disinterested observer, this thread reminds me of a particular greek word.

I hope this doesn't end as badly for you as I fear it will.

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