The AsystBio Conspiracy

User avatar
Slartibartfast
Posts: 7045
Joined: Mon Aug 10, 2009 2:52 pm

Re: AsystBio LLC case

#126

Post by Slartibartfast » Tue Jul 30, 2019 11:17 am

KNOW YOUR RIGHTS, THESE ARE YOUR RIGHTS!

ALL THREE OF THEM!


https://ori.hhs.gov/whistleblowers-bill-rights-appendix

Meeting with Sara later today... moar will be revealed afterwards.

There is an unconfirmed rumor that someone might appear on the podcast below to discuss this case at some point...
:- :towel:

https://www.buzzsprout.com/315854
"Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat."
---Sun Tzu (quoting Thomas Jefferson)
nam-myoho-renge-kyo---Thomas Jefferson (quoting Slartibartfast)

User avatar
Foggy
Posts: 28440
Joined: Tue Jan 20, 2009 12:00 pm
Location: Fogbow HQ
Occupation: Dick Tater

Re: AsystBio LLC case

#127

Post by Foggy » Tue Jul 30, 2019 1:47 pm

You have the right not to be shot by a policeman.
Any time my questions are all fully answered, I know I'm asking the wrong questions. - Bernard Samson

User avatar
Slartibartfast
Posts: 7045
Joined: Mon Aug 10, 2009 2:52 pm

Re: AsystBio LLC case

#128

Post by Slartibartfast » Thu Aug 01, 2019 11:24 am

I believe the correct statute is:

You have the right not to be killed.
Murder is a crime.
Unless it is done by a policeman.
Or an aristocrat.

Know your rights.
These are your rights.

Make sure you have it straight because next we’re going to rock the Casbah.

Just sayin’.
:towel:
"Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat."
---Sun Tzu (quoting Thomas Jefferson)
nam-myoho-renge-kyo---Thomas Jefferson (quoting Slartibartfast)

User avatar
Foggy
Posts: 28440
Joined: Tue Jan 20, 2009 12:00 pm
Location: Fogbow HQ
Occupation: Dick Tater

Re: AsystBio LLC case

#129

Post by Foggy » Thu Aug 01, 2019 1:42 pm

You have the right to food money. :nope:
Any time my questions are all fully answered, I know I'm asking the wrong questions. - Bernard Samson

User avatar
ZekeB
Posts: 15902
Joined: Mon Oct 12, 2009 10:07 pm
Location: Northwest part of Semi Blue State

Re: AsystBio LLC case

#130

Post by ZekeB » Thu Aug 01, 2019 1:48 pm

Foggy wrote:
Thu Aug 01, 2019 1:42 pm
You have the right to food money free cheese. :nope:
Trump: Er hat eine größere Ente als ich.

Putin: Du bist kleiner als ich.

User avatar
Slartibartfast
Posts: 7045
Joined: Mon Aug 10, 2009 2:52 pm

Re: AsystBio LLC case

#131

Post by Slartibartfast » Thu Aug 01, 2019 5:00 pm

Hey, it’s a “No sugar no grains (and no potatoes even though it doesn’t say so, too, also)” diet. Cheese is okay.

Back off, Zeke, I’m a scientist.

Although the evidence suggests that I should probably cut down on the cheese until I reach my goal...

On we sweep with threshing oar
Our only goal will be the western shore

So now you’d better stop and rebuild all your ruins
Peace and love can still win the day despite all of your losing
"Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat."
---Sun Tzu (quoting Thomas Jefferson)
nam-myoho-renge-kyo---Thomas Jefferson (quoting Slartibartfast)

User avatar
Slartibartfast
Posts: 7045
Joined: Mon Aug 10, 2009 2:52 pm

Re: AsystBio LLC case

#132

Post by Slartibartfast » Thu Aug 22, 2019 7:25 pm

Sterngard Friegen wrote:
Mon May 27, 2019 6:57 pm
I'll be brief:

Why no False Claims Act lawsuit?
I'll be damned. Turns out :sterngard: is right again. [Hey Foggy, I was supposed to remind you to turn that back on!] It's really annoying when that happens.
:brickwallsmall:

The answer to your question is that I didn't understand the offense for which the lawsuit would be filed until three weeks ago. Namely, a conspiracy to defraud the NIH of roughly $1,000,000 in the form of phase I and phase II STTR grants from the NCI. Several of the overt acts are violations of section 3729. In particular perjury and plagiarism and identity theft. Not sure about the malpractice and knowingly lying on a submission to the court, but I do know that means Varnum owns the conspiracy too. also. The threats of retaliation for whistleblowing and the actual damage done to my career won't help the defendants much either.

This is the cause of action I paid $90K for. It would have been a bargain at twice the price. And I'll put up another $100K for an investigation to put together a complaint under the False Claims Act if I have to. Because once that complaint is part of the record it will ensure victory in any lawsuit against UNC or Varnum on this issue. And they are the deep pockets. With absolutely no way to dispute the facts already in the record. And the full extent of what I know and can document is damning.

I am in the process of setting up a conference call with my attorneys (Sara and Elliott -- Stern too, also, if he wants to start earning money for his advice on this thread and this case) and will raise the false claims act as we discuss how best to proceed, but one thing is for certain: it is going to proceed in a transparent manner.

Right here.

Thanks Stern!
:sterngard: :towel:

[Once again, you said you were going to fix that Foggy... thanks in advance!]
"Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat."
---Sun Tzu (quoting Thomas Jefferson)
nam-myoho-renge-kyo---Thomas Jefferson (quoting Slartibartfast)

User avatar
Slartibartfast
Posts: 7045
Joined: Mon Aug 10, 2009 2:52 pm

Re: The AsystBio Conspiracy

#133

Post by Slartibartfast » Thu Aug 22, 2019 7:31 pm

One goodie I noticed about the False Claims Act: it remains under seal for 60 days. But there is no reason that the claim (or at least the facts behind it) can't be published beforehand. Then the defendants can be notified, starting the ticking clock on the period during which they can mitigate their situation by giving all of the information they have. Of course, Dennis is in possession of an enormous amount of information that incriminates him in obstruction, like the proof Bill committed perjury that he withheld improperly in discovery.

It's a :pickle:
"Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat."
---Sun Tzu (quoting Thomas Jefferson)
nam-myoho-renge-kyo---Thomas Jefferson (quoting Slartibartfast)

User avatar
Slartibartfast
Posts: 7045
Joined: Mon Aug 10, 2009 2:52 pm

Re: The AsystBio Conspiracy

#134

Post by Slartibartfast » Wed Sep 04, 2019 11:00 pm

I spoke with Patricia Valdez, the Extramural Research Integrity Officer of the National Institutes of Health today. Her official position regarding our interaction is that, after reviewing the grant herself she had "concerns" and is taking appropriate steps. I would note that pretty much everything I've mentioned here I told her before she reviewed the grant and she didn't feel her agency had any concerns (note: she thought what I said was serious, but not her job to follow up on). I will speak with her again after she has discussed the matter with whomever she referred it to.

I informed Patricia that we will be pursuing a FCA action to establish the facts for a civil action against UNC and Varnum. We'll cooperate with whatever the government wants to do, but I would prefer a qui tam action as I believe the civil case is stronger. Although they did commit identity theft in furtherance of the conspiracy, and I'm not sure what the possible penalties for that are. In any case, I will no longer have to have any dealings with Bill Kaufmann, Dennis Simpson, Tom Powers, Ted Powers, Gene Howington, Adam Brody, and Bill Rohn. I have a ethical, professional, and fiduciary responsibility to ensure that Dennis, Bill, Adam, and Bill never practice law or science again. Otherwise, I'm just interested in the obligation of both UNC and Varnum to make me whole -- not to mention address the lack of institutional control that allowed this to happen in the first place -- then moving forward with getting ideas tested on their merits. Which is what I've been trying to do for the last 10 years.

Sara and I have agreed that it is time to bring this matter to the attention of the partners at her firm as we determine our next steps, but it is clear that my situation will change radically. Just how big of a settlement would you offer to avoid a cause of action in which a conspiracy that included perjury, plagiarism, identity theft, fraud, abuse of institutional power, and malpractice had been established as fact in court? With all of the evidence having been made public. Where your opponent would be a client of yours who is legally entitled to their case file which they can prove contains incriminating evidence against you. I'm pretty happy with what I bought for my $90K in lawyer's fees. I expect that will pay off better than 100 to 1 -- more when you consider the crowdfunding -- but we'll see what happens.

One thing that is certain is that there will now be an investigation into everything I've been talking about, even if I have to pay for it myself (I expect UNC and Varnum will pay for it as a part of the settlement). This investigation is going to vindicate everything I've said -- because I have already seen the evidence that investigators will find and know what it implies. Not to mention that I haven't said anything I can't back up.

Maybe the birther comparisons were premature.
"Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat."
---Sun Tzu (quoting Thomas Jefferson)
nam-myoho-renge-kyo---Thomas Jefferson (quoting Slartibartfast)

Post Reply

Return to “Courts, Law, and Legal Issues”