UPDATED: RICO UNSUAVE: Boston Scientific and Johnson & Johnson’s Racketeering Lawsuits: Amended to Include Former FDA Commissioner Margret Hamburg
January 27, 2016
UPDATED: Below original: Former FDA commissioner Margaret Hamburg named in massive conspiracy and racketeering lawsuit involving Johnson & Johnson, her husband’s Wall Street hedge fund, and the Levaquin drug.
RICO or Racketeer Influenced and Corrupt Organization Statute is a federal law passed in 1970 that allows for prosecution & civil penalties for certain acts as part of an ongoing criminal enterprise.
On October 15, 1970, the Organized Crime Control Act of 1970 became law. Title IX of the Act is the Racketeer Influenced and Corrupt Organizations Statute (18 U.S.C. §§ 1961-1968), commonly referred to as the “RICO” statute. The purpose of the RICO statute is “the elimination of the infiltration of organized crime and racketeering into legitimate organizations operating in interstate commerce.” S.Rep. No. 617, 91st Cong., 1st Sess. 76 (1969). However, the statute is sufficiently broad to encompass illegal activities relating to any enterprise affecting interstate or foreign commerce.
More common uses for the RICO statute involve gambling, loansharking, or violent crimes that aid in racketeering, (18 U.S.C. § 1959) think Hells Angels or mobsters. The personification, or giving human qualities to objects, like a corporation, in March 2014, was supported further by Supreme Court of the United States’ 5-4 decision which granted Hobby Lobby rights on grounds of religion. Whether you agree with the SCOTUS decision or not, it opened the door even wider to protect employees, consumers, patients, shareholders, and taxpayers turned victims from companies that demonstrate a pathological history of unethical and or illegal behavior that’s been encouraged, replicated and rewarded, without shame, remorse, guilt or accountability, or The Sociopathic Business Model™ which certainly fits the definition of a criminal enterprise. Killing My Career was created to show other victims how to identify corporate abuse, expose the company’s own negative truth that damages the company’s image which is tied to profits, as a means to create positive change. Shorter: take a page from corporate criminals’ playbook and use it against them.
Criminal enterprises are held accountable & change only through forced accountability, either again, by negative public pressure or legal remedies. There are currently 89,593 mass tort transvaginal mesh cases in the Honorable Joseph R. Goodwin, Judge’s federal courtroom from medical device makers America Medical Systems, Boston Scientific, Coloplast, C.R. Bard and Johnson & Johnson’s Ethicon’s Gynecare. The companies used a plastic polymer, polypropylene, in some cases never intended or approved for long-term implantation in humans, which shrinks, degrades, migrates, perforates into organs, causing trouble urinating, defecating, sexual activity, sitting or walking and even death. The transvaginal products were approved by the U.S. Food & Drug Administration, or FDA, a government agency, by its own assertion, Protecting and Promoting Your Health.
Make no mistake, medical device makers using more than 90,000 women as lab rats with the FDA’s blessing, constitutes criminal enterprise for the transvaginal mesh medical device makers, the FDA and even as far back as venture capital investment phase where New Enterprise Associates (NEA) funded Gynecare later purchased by Johnson & Johnson’s Ethicon.
Proportionately, the companies that sold the most transvaginal mesh now have the highest number of victims in federal court, Boston Scientific and Johnson & Johnson, also the two companies now named in RICO lawsuits. February 4, 2015, Lana Keeton, a former steel sales rep, injured by Johnson & Johnson’s Ethicon’s Gynecare’s transvaginal mesh, filed a RICO case against the parent, subsidiaries and the FDA, pro se (without an attorney). That’s right, a woman, without a law degree, or an attorney found the loophole that allows the FDA to be sued. Johnson & Johnson under the direction of CEO Alex Gorsky will continue to demean and insult the victims they’ve created like Keeton, even underestimating her, something, if you read the full complaint, would certainly be a mistake on the company’s part.
Teresa Stevens reportedly implanted in 2014 with Chinese grade Marlex mesh – the Obtryx-Halo Urethral Sling System from Boston Scientific is the main plaintiff in the latest RICO case filed January 12, 2016, by Mostyn Law out of Houston, Texas. Judge Goodwin, however, today decided to kick the Boston Scientific RICO case back to the FDA, the same FDA that’s part of the problem. Stevens, despite filing earlier this month, it appears, did not include the FDA in her RICO complaint, unlike Keeton. Even if not explicitly named, the FDA’s involvement in the approval process alone should be enough of a reason for the agency to recuse itself from this or any medical device case. The
The FDA should never get involved in private lawsuits. It is not a court or an arbitrator. It is a regulatory body that makes decisions that apply to all people, not just litigants. This is no different than if we let Boston Scientific or Johnson & Johnson decide their own cases, and anyone familiar with this topic will know, motion to dismiss, is their favorite weapon of choice. Sure hope the media stays on top of this one to force accountability from the FDA. This might even mean the FDA’s Office of General Counsel, Beth Weinman, may have something to say about all of this.
UPDATED: April 23, 2016
Former FDA commissioner Margaret Hamburg named in massive conspiracy and racketeering lawsuit involving Johnson & Johnson, her husband’s Wall Street hedge fund, and the Levaquin drug – NaturalNews.com
The lawsuit alleges that while acting as FDA commissioner, Margaret Hamburg engaged in a wide-ranging conspiracy to approve an extremely dangerous drug known to cause severe (and even deadly) side effects, in order to financially benefit her husband’s hedge fund which held very large financial positions in Johnson & Johnson, makers of the drug. “Defendants, each and every one of them, operated a criminal conspiracy at least between the years 2009 to 2015 to fraudulently suppress warnings about the devastating effects of Levaquin,” says the complaint.