hortly
after I met Dr. Russell Jordan in 1990, I decided
to put his formulas to the test by creating a direct
sales company,
Lifeline Sciences, Inc.
Based in Lake Charles, the experiment
was short-lived -- ultimately deriving its fate as much
from my own oversights and unjustified propensity to trust
as it did anything else. The project
was underfunded for one thing. Also, I brought on partners
who spent more time quarreling and arguing about what piece
of the pie they were going to get, instead of working the
business to make sure there was a real pie to argue
about. In less than a year, it managed
to run out of money and fade into oblivion.
I lost out as did friends who had invested.
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Not
long thereafter I was approached by another
businessman, Mr. Richard Ross of Watersmeet, Michigan.
Even without my help, Ross had heard about a "zinc
chloride and bloodroot formula that cured cancer"
from somebody (if you can believe this) who started
chatting with him while he was filling his car with
gas at a service station.
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I couldn't help
but sense purpose in this happenstance . . . something
I would later appreciate as "synchronicity."
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Under
meager funding from Richard, I created
Lenex Laboratories and decided to call the new escharotic
topical,
HerbVeil 8. I can't tell you where the names
came from, as I can
Cansema®. They just popped in my
head. The "Veil" part, at least subconsciously, most
probably came from my understanding that I was working
with formulas, in their many variations, that had been
kept secret by so many people, for so many years.
From 1992 to 1994, Cathryn (my wife) and I worked
with Richard, we manufactured his products, used our
printing company to produce all his literature, and
shipped his products from my offices in Lake Charles.
We did mailings, advertised in "The Spotlight"
[
3],
and even ran an unsuccessful national ad campaign
with "The Thrifty Nickel."
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Richard
Ross travelled to promote the product
and did the hard part: he collected the
money. One morning I got a call from
our bank (then Calcasieu Marine Bank, since merged
with Hibernia National Bank in Lake Charles) telling
me that a check had bounced from our Lenex account.
I knew that wasn't possible. We had more than enough
in the account to cover the check. Further investigation
revealed that Richard had written himself a $10,000
check without telling us, leaving us with well
under $1,000. Here we were just getting started,
and once again, unjustified trust was my undoing.
However, now I was beginning to learn
my lesson.
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In 1994,
Cathryn and I started
Alpha Omega
Laboratories. I wanted a name that would reflect my
all-encompassing desire to find more "suppressed
technology" products from the history of medicine
that had been similarly kept under wraps. The
name is also a reference to a passage from the
Book of Revelations. Ours was to be the "beginning"
and the "end" of medical research, and we would base
our operation on three, simple, operating principles --
which we summarized on our
introductory
page throughout the entirety of our online
existence:
- "Alpha's" products had to WORK -- consistently.
They had to have such a high level of effectiveness
for the vast majority of users that we could
support a liberal moneyback guarantee policy,
cheerfully administered, without strain;
- Products had to be safe, with only minor,
possible side effects. Additionally, side
effects had to be temporary in nature.
In the case of Cansema®,
for example, a side effect was discomfort in the
case of larger skin cancer growths. We spent
considerable time with customers addressing
this issue -- common to nearly all escharotics.
- Products had to be inexpensive -- the
cheaper they were relative to their pharmaceutical
equivalents, the better -- and the more aggressively
we pursued them.
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We
knew that
Cansema® Salve had its internal
applications and even while running Lifeline Sciences
and Lenex Laboratories we would get calls from
people who would tell us, "Are you aware that this
stuff cures cancer internally?" We would respectfully
and gently demur -- primarily because we were "over
the top" as a topical salve already. Did we really want
to come right out and tell people it was okay to
swallow a product with a known caustic? Nonetheless,
this was to begin an onslaught of comments on the
products effectiveness for internal use that continue
to this day WITHOUT any encouragement from our side.
In fact, we created separate products that were
weaker, when used for internal purposes, than
the
Cansema® Salve. "Cansema® Tonic I" consisted of
zinc chloride, chapparal, rhubarb, burdock,
buckthorn, red clover, purple lapacho, and
ascorbal palmitate. There were several versions
we used over time. One with alcohol; another
with honey to taste. But this was essentially it.
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A later
incarnation, called
Cansema® Tonic III,
utilized a special extrusion method and consisted
of aloe vera extract (for the acemannans),
andrographic peniculata, graviola (Annona
muricata), neem (Azadirachta indica A. Jus),
chapparal (Larrea mexicata), and hydronium
solution (another inventive product that would
get me into trouble with the U.S. FDA).
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The company was quite
small at first.
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We
probably did no more than $200 to $300
per month. We did no advertising and survived
primarily through word of mouth.
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In
early 1995 it became obvious to me
that the internet was going to become a very
big phenomenon in American business. Hypertext
was a well-known development by the late '80's,
and by 1992 I was using an advanced hypertext tool called
HyperWriter by NTERGAID to author a complete compendium
on herbal preparations I called "Herbapaedia."
I was sold on hypertext as an authoring and
communications concept long before the internet
became commercial. So when the World Wide Web came
along and Netscape Navigator was released
in December, 1994, I was ready.
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In
March, 1995, I bought a book on HTML,
learned the language (meager though it was),
and that summer
I created two websites: one for a food
company I had founded in 1986 and was still
running (Lumen Foods -- still operating as
soybean.com -- which my wife
sold in 2007) and one for Alpha Omega
Labs. The first two domains were lumenfds.com
and altcancer.com, respectively. I created an
office in the Bahamas to handle both domestic
and international sales calls and inquiries,
and I used my office in Lake Charles to ship
product. I manufactured virtually all our
products initially.
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As
time progressed, so did the internet,
the HTML language
[
4], the web user base, and its
commercial viability,
and so did Alpha Omega Labs. Over the next
eight years I built the company to 350 products,
many of them from unusual sources of information
I gained from my worldwide travels. Basically,
my work was derivative. The particulars came from others
who trusted me to "pass on their knowledge."
Numerous times the ability to convince my listener
that I created Alpha Omega Labs opened the
door to a new area of knowledge; and, like Paracelsus,
my best information, the truest and most useful
knowledge, came from places you would least
expect to find something valuable. More times than
not, the farther
one reached away from organized medicine, the
more valuable the information became -- even though
you had to work harder to separate out the truly
efficacious systems of thought and practice from
the quackery. (And I use that word -- "quackery" --
in a very different sense than does organized
medicine. My definition is simple and to the point:
"quackery" is medical practice that doesn't meet
Alpha Omega's three principles.
If it isn't efficacious, isn't safe, or exists
because of its ability to impose financial servitude
on an unsuspecting public, than it's quackery. By
that definition, the AMA, NCI, ACS, FDA, together
with the pharmaceutical companies, have been
perpetuators of the most aggregious, notorious
schemes of quackery in recorded history).
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It
was as if God had so constructed the earth
so that the best in life was invested in poorest and
meanest of the earth, and the most misleading
information was generated by the minions of
the rich and powerful.
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From 1995
through the summer of 2003, we were able to
operate Alpha Omega Labs with little government
interference or no legal entanglement of note.
We set up minimalist offices in the Bahamas,
shipped through foreign distributors, and got
around the U.S. FDA's arcane rules against
"medical claims" by making DSHEA disclaimers
on all our products. We bought the best
FDA legal counsel money would buy (or so
we thought),
Gronek & Armstrong in Chicago,
[
5]
and attempted to blunt the potential political
impact of our most effective products by
"diluting their mind share" with the addition
of other products that were relatively
uncontroversial (i.e. psyllium husk, clays, olive
leaf extract, Co-Q-10, etc.)
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In 2002,
a series of activities occurred which set
our demise in motion. The first was a lawsuit --
Alpha Omega's first -- involving one of our
products,
H3O [
6],
for which the Texas plaintiff
was claiming medical injury. The product
had been used by Dr. Charles Smith, a surgeon
and customer,
during an operation to both clean the wound
and help accelerate healing -- H3O does both
beautifully -- on a female patient, a Ms. Sharon Lee.
The operation had been performed by
Dr. Smith at Parkview Regional
Hospital in Dallas, where he was practicing.
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Shortly
after discovering that Dr. Smith had used a product
that was not FDA-approved, Sharon Lee hired
Texas lawyer, Peter Malouf, to begin sending
demand letters due to an alleged injury.
It was your typical "my client is injured, make
me an offer" plaintiff lawyer's letter.
We were able to determine from the claims made
that it was virtually impossible for
H3O
to inflict the medical injury that the plaintiff
was making. The product simply did not possess
the chemical properties necessary to inflict
the damage that was claimed. It would be
like threatening a lawsuit against a maker
of distilled water for inflicting a heart condition.
It was more than obvious that what was driving the claim was
the simple fact that the product was not
FDA-approved -- (never mind that that it could
never, for political as well as
regulatory reasons,
get FDA approval);
the associated injury would have had to be
caused by something else -- but since H3O
was not FDA-approved, it was easier to simply
claim that whatever injury took place
was H3O's fault.
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On June 10, 2002,
I received a phone call from Paul Winniewski,
my FDA attorney at
Gronek & Armstrong.
Apparently, Peter Malouf had found Paul's name
mentioned in the
November, 2001 issue of our
online newsletter,
The Ashwin. He then
purchased product from our web site and
traced our Lake Charles location from the
shipping data on the package. Although
he made it sound like we were trying to
hide, the simple fact was that we chose
not to be high profile. Every credit card
we ever processed stated that "Herbologics' Ltd. / Lumen Foods"
was the billing party. That's not exactly
being secretive. Any search engine, even then,
could be used to determine our exact location
with just the billing information.
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The jist of
Paul's conversation was a repeat of Malouf's
demand letter. "My client is injured. How
much money are you willing to give me?"
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I told
Paul that the threat was outrageous. The
product did not possess the properties
necessary for the injury described to
have been the result of using H3O.
If a lawsuit resulted, I
wanted
my day in court. And, of course, a lawsuit was the
result.
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My resolve not to
settle was rooted in my conviction that merchants had
to make a stand against frivolous lawsuits.
In this case, I was very familiar with H3O's characteristics
and properties -- even though, at that point, we were
sourcing it from its inventor, Steve Wurzburger,
in Grass Valley, California. Among H3O's
extraordinary properties is that
it has a very low pH, and yet it is non-caustic,
and non-toxic when made properly.
[
6b]
I used the product in my hot tub,
as a mouthwash, as a preservative, to heal wounds ...
all with extraordinary benefits. (See sidebar for
more information on H3O.) So when Sharon
Lee and her attorneys filed a lawsuit making claims
that were breathtakingly at odds with the known,
provable properties of the product, again, I was nonplussed.
My thinking was, "So, you want to file a lawsuit
based on product claims that are at odds with
properties of the product? Let's go the distance."
I refused to pay and so did the insurance company
with which I had my product liability policy.
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I actually
looked forward to my day in court.
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What I didn't
realize was that the filing of frivilous lawsuits
had reached a point in its evolution in American
commercial life such that facts bore little importance
to the actual process. Shortly after we made our
position clear, Peter Malouf initiated a public
relations campaign to try and extort money from
us. CBS-11 in Dallas, Texas, ran a TV news
report that highlighted Malouf's position,
making no attempt to call or email us or
otherwise get "our side of the story."
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Still, our
position was firm. If Alpha Omega's was to live
by its byline ("The Triumph of Medical Science
Over Politics & Greed"), then we couldn't
very well live by
our principles if we succumbed to the demands
of every pocket-picking plaintiff's lawyer.
It would be one thing if we sold a product that
was actually guilty of creating an injury. This
is always a possibility and that's why we had
a $1 million product liability policy. It was
another to pay for a case you knew, beyond any
doubt, was based on an untruthful claim.
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Shortly
after the Sharon Lee matter began to surface,
and nearly concurrent, was the filing of a lawsuit
in Indiana by a Sue Gilliatt, who had used not
less than two different escharotic formulas,
one of them being our Cansema® Salve, to get rid
of a skin cancer growth on her nose. In the initial
filing, Gilliatt's attorney had included "before"
and "after" photographs of his client, attempting
to show that Cansema® and/or a competing product
had completely removed her nose.
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With an hour
of receiving this legal filing and examining
the accompanying documents, I knew this case was
frivolous -- actually, more so: it was clearly
fraudulent. The "after" photograph showed
perfect "cut" lines -- an outcome that could only
be produced through a surgical procedure. Neither
Cansema®, nor any other escharotic formulation ever
produced in the history of man, would be capable
of producing the outcome which the plaintiff in
this case was attempting to claim.
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The same
"litigation dance" ensued: the demand letters,
our refusal and that of our insurance company,
and the expectation that we would have our day
in court so that this kind of fraudulent activity
could be shown for what it was.
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On July 2, 2003,
I got a phone call from a vendor in South
Carolina who had received an unusual phone call
from an associate in Colorado, claiming that
U.S. Federal authorities were making inquiries
there about our Bahamian office and our "banking
activities" offshore. I was able to determine
from the information given, that the source of
the trouble was a former associate from Montana --
formerly a friend, and now an
intractable nemesis....
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No recounting
of Alpha Omega's fate can rightly be told without
digressing to a business relationship turned sour,
dating back to 1987. Early in that year, I met

a distributor for a direct sales company I helped
found in 1984 named Consumer Express (later rechristened
Nutrition Express), named George S. (Sylvester) Ackerson.
[
7] This meeting led to a financial
brokerage agreement wherein I paid commissions to
George to raise money for
Lumen Foods'
manufacturing operation -- still in business to this day.
[
7b]
In 1989 I had two other businesses, both in commercial
printing, wherein one made use of a color photocopier,
set up in a "kiosk" at a local mall. George's edgy
adventurism led him to use the photocopier to run
a series of $100 bills, his impression of which led to
a wild scheme to produce $300,000 in counterfeit U.S. currency.
Having been a graphics designer, typesetter,
and commercial printer for several
years, I knew that the very idea was ludicrous: on
technical merit alone. The "registration" -- that is,
the ability to produce front and back images that are
square -- was dreadful on this machine (a Canon CLC-100),
making the end result quite unrealistic.
Rather than tell my financial broker to "get lost," I attempted
to let the machine itself dissuade him: I ran a 11" x 17" sheet
of $100 bills through the machine -- something I knew would
put an end to his fantasy. Instead, I had to contend
with my business partner, a Mr. Carl Hubert,
in the venture (dubbed
Copy Magic), who used Ackerson's request as the
basis for a scheme to eliminate me from our profitable
enterprise: he called the U.S. Secret Service and helped
them set up a sting operation. Despite repeated
entreaties to repeat the photocopying of the bills,
I deflected Carl Hubert's requests, only to relent
late one night on December 19, 1989. I brought George
with me (who was visiting from Texas) to the
Prien Lake Mall, where our kiosk was located,
and proceeded to make a photocopy to demonstrate
to George (and to Carl) the impracticality of
the very concept. What I didn't know was that
Carl was not alone. The Secret Service agents
he was working with were completely set up with
surveillance equipment . . .
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The legal result of
this misadventure was a suspended prison sentence (i.e.
I did no "time"), three
years of "probation," and a "record" that would set the
stage for my next encounter with U.S. Federal authorities,
thirteen years later. But Carl Hubert did accomplish his
business goal: as a result of the actions of the U.S. Government,
our primary lender, Calcasieu Marine Bank (now Capital One),
requested I sign the necessary legal documents making
Hubert the sole owner of
Copy Magic.
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I did not oppose their request.
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Subsequent to receiving
the Sue Gilliatt lawsuit and the mysterious call
from South Carolina, in mid-2003 I began to get feelings that
can only be described as that of "impending doom."
They manifested as a sensation that I had a walnut-sized
"pit" in my heart -- most noticeable when I got up in
the morning and when I went to bed at night. I was
not long after that that Cathryn began to have the
same sensations. Together we began to do an inventory
of our lives: our health was generally good (yes, I was
about 40 pounds overweight, but was otherwise fine);
our son, Myron, was doing well; Lumen Foods was
doing well; Alpha Omega Labs was growing rapidly;
and PreservX, our natural preservative company,
was just getting off the ground. Nevertheless,
we began to focus on Alpha Omega Labs and possible
actions by the FDA, simply because this was the
only perceivable area of conflict in our lives.
Paul Winniewski at
Gronek & Armstrong
had assured us that if the FDA had problems, we
should expect a "Warning Letter." If we got one,
he advised, we were to call him immediately.
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Still, precaution
being the better part of wisdom, we began to
explore moving our herbal business outside
the U.S. in its entirely -- not just our office.
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In
late August, 2003, about nine years after
Cathryn and I created Alpha Omega Labs, I found
myself sitting in the law office of Michael
Chebat, an attorney in Belize. I wasn't
in Belize City just for legal advice. I was
there to try to work out a deal with Providence
Bank for the handling of my credit card transactions
and to look into moving the entire Alpha Omega
operation there. Michael was still busy when I came
to his offices directly from the Belize City
airport, so I went off to meet with my contacts
at Providence. When I came back, Michael
brought me into his conference room for our
meeting.
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I pulled
out a $100 bill and told him
I needed less than an hour of his time. In no
more than five minutes time -- just long
enough to tell Michael that I was an herbalist
who was looking for a place to operate
that wasn't so hostile to alternative medicine --
he interrupted my well planned speech.
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"You
understand, Mr. Caton, that Lisa Shoman,
is my legal partner, right?"
[Lisa Shoman was the
Belizean ambassador to the United States at the time of
the meeting.]
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"Yes,
I know that," I replied. "I read
it on the internet." What I didn't add is that
he was my first choice BECAUSE of this connection.
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"And
so you know that Lisa is currently
Belize's ambassador to the United States,
right?"
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"Yes,"
I said, not knowing what to expect next.
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Michael
then took my business card and
$100 bill and slowly slide it back across the
table in my direction.
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"I
will refer you to another attorney
who can help you."
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Just
around the corner from Michael Chabot's
law office, not even a five minute walk, is
the law office of Emil Arguelles. Michael
let me call his law office and arrange a quick
appointment. I was able to see him within an hour.
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Upon
being seated in his office, I went
through the same routine. I handed Emil my
business card and a $100 bill.
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Again,
I wasn't even five minutes into my
speech, and probably more like three, when Emil
interrupted me with something even more unexpected.
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"Have
you read this?" he said, tapping
a small stack of papers on his desk.
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"Have I what?"
I replied, startled.
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"The
Patriot Act ... have you read the Patriot Act?"
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"No,
I haven't. Why? Should I?"

"You
see, this is what I don't understand,"
he continued. "You Americans are seeing your
civil rights disappear right in front of you.
It's why so many of you are down here. Those
of us here in Central America see it. We
understand it because we have been on the blunt
receiving end of the Monroe Doctrine for almost
200 years. What we don't understand is why
YOU don't see it ... "
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At
that point I was perplexed, and not just because
I thought this was an unusual way to begin a
conversation ... in a foreign country ... in
a new law office and with an attorney I had just met.
Right away, I began thinking, "If
I let this guy go on like this, is
this billable time?" Immediately, I drew a line
in the sand. I had come here with specific
legal questions I wanted answered and I wasn't
about to let this man distract me with some
political discourse that did nothing to
further answering legal questions to which
I needed relevant answers. Emil graciously
got the hint and answered all my questions.
Not only that, he had his brother drive me all
the way to San Ignacio (in Cayo District) to
visit an herbalist he told me about -- for
a modest $300. I got to spend time with the
local herbal guru (Henry Guy), and even
though I missed well-known fellow herbalist
and author, Rosita Arvigo (she was lecturing
in Europe at the time), I felt the time was
very well spent.
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On my final
evening in Belize City (I stayed at the Princess Hotel,
right on the beach), I thought back for a moment
on my brief time with Emil. And for a moment,
just a moment, I reflected on that famous quote
from Thomas Jefferson, "A society that will trade
a little liberty for a little order will
deserve neither and lose both." But again --
it was just a fleeting moment.
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The next
day, I returned to the U.S. feeling I was making
solid progress in moving Alpha Omega Labs,
once and for all, into safer offshore
environs.
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In
looking back, I realize now that I should
have done less talking and done more listening.
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Wittingly
or unwittingly, Emil Arguelles
was trying to warn me, and I should have heeded
his warning. I paid a heavy price for not listening
and paying attention to such auspicious synchronicity.
September 17, 2003.
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It
is a date I will never forget. As much
as I try, I can NEVER forget it. One year prior,
a long time employee, Clifford Bertrand, came into
my office with an unseeming piece of trivia.
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"Do
you know what today is?" he asked.
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"I have
no idea, but I'm sure you'll tell me," I said.
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Clif
was a proud Southerner, as well as
a Civil War buff. I knew
right away that I was going to hear about this or
that naval battle or engagement on land, maybe the
signing of a peace treaty. The funny thing was,
I couldn't ever remember him coming to me before
with a trivia question about a date before.

"The
Battle of Antietam. September 17, 1862.
The bloodiest day in U.S. history. Over 23,000
Americans died in just one day -- partly because
both sides were American ... "
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Clif
went on and on, but I had already
tuned him out. It wasn't important to me.
Just like Emil's comments on the Patriot Act
eleven months later. They weren't important to
me, either.
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I should have been listening.
September 17, 2003.
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The morning was filled with a light, fall
breeze, and when I opened our back door I could
feel the dry air, a reprieve from the damp
humidity that can make living in Southern
Louisiana so uncomfortable throughout most of
the year.
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Cathryn
and I had watched television
downstairs that morning ... and had coffee ...
and made love ... and talked about our
goals for the day. Then she and our son,
Myron, went to the gym while I stayed home
to finish a web article I was composing.
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At
about 8:30 p.m. I heard the doorbell
ring. I was upstairs in my study, so I ran
downstairs to answer the back door. I was in
my navy blue bathrobe and underwear -- and
as I turned into the kitchen, I could see
three agents at my back door.
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I undid
the bolt lock and opened
the door. They appeared to me to be local
police and since I had had false alarms
before with our security company, I honestly
thought that this may be a security issue.
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"Are
you Gregory James Caton?" asked
the lead officer.
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"Yes, I am ... "
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"We're
going to have to ask you to
step outside."
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At
that moment agents descended
from I don't know where, around the bushes,
the side of the house... I don't even know
how many there were -- perhaps a dozen,
maybe more.
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Almost
immediately I was handcuffed
with my hands behind my back and told
that it was more for my own protection -- (one
of the biggest lies in law enforcement.) At that
point I asked for a copy of the Search Warrant
and requested a call to my lawyer. I was handed
two pieces of paper which identified my home as
the location where a search would take place
but not the Search Warrant itself. Again,
I asked for a copy of the Search Warrant,
and, again, I asked to call my attorney.

I was
told that I had no right to
call my attorney and when I asked why, I was
told that I wasn't arrested. I was only
being "detained."
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Then
I was brought into my own kitchen,
and made to sit on one of our dining room
chairs with two armed officers directly
in front of me in the kitchen.
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"I want
to call my attorney!"
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Dead silence.
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"When
will I be able to call my attorney!"
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"You're
not arrested, you're only
being detained. You don't have to call
your attorney," came the robotic reply.
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When
I again raised the issue of
seeing a Search Warrant, I was told that
a case officer would be coming to my home
soon and then I would be able to get a
copy of the Search Warrant.

Suddenly
another officer emerged
from behind the downstairs bedroom that
leads to the kitchen. "Do you have any
guns in the house?" I thought the question
was an odd one. When the raid first
began, I overheard an officer ask me,
"Where's the battery acid?" I got the
distinct impression that the question
was rhetorical. It was obvious that
I wasn't expected to answer, nor was the
question repeated. It was at that point
that I realized that the FDA had used
false information concerning one of my
products,
H3O -- the same one
that was at the center of the Sharon Lee
lawsuit -- as a basis for conducting
their raid. I knew this because the manufacturer
of the product, Steve Wurzburger (HPT Research),
had told me that if improperly tested,
one could get the idea that this product
was battery acid because of its low
pH and small sulphuric acid content.
But now a line of query began that centered
on weapons. Once again I said, "Before
anything else goes on, I want to speak
to my attorney."
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Again,
the robotic answer: "You're
not entitled to an attorney."
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"You're a
detainee."
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How
did they know that
my wife and I had firearms? (In preparing
for possible Y2K disturbances, my wife
had purchased -- entirely legally and in
her name -- a series of firearms and
three crates of ammunition, which she added to
firearms she had inherited from her grandfather.
Two of the
firearms had come from a local law enforcement
officer, Keith Holland, who owned a gun shop
on Kirkman Street in Lake Charles).
My most immediate concern
was that I didn't want to get caught making
an untruthful statement to federal agents.
That would mean prison time in and of itself.

Again,
I asked to speak with my attorney.
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Again,
I was denied.
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As
the minutes passed, it became
apparent to me that the law enforcement
officials in my home were growing impatient,
and made even more belligerent by the fact
that I kept requesting the assistance of
my legal counsel (Richard Moreno, whose
office was well under a half mile from my home).

After
a series of verbal exchanges,
I finally revealed the location of my wife's
"security vault" -- a built-in closet where
she kept firearms and related security
gear. Only then was I then granted the
right to make a phone call to my attorney.
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I was
moved to the west end of my own
dining room table, near a phone. At that point,
a man came up to me and introduced himself.
"My name is Don Dixon, and I'm the chief of
the Lake Charles Police Department. If you
don't tell us the location of any other
weapons, we'll tear this house up, rip up
the flooring and tear down the walls."

Shortly after
this exchange, my wife and
seven year old son, Myron, arrived back from the gym.
As they got out of the car, our neighbor, Ann, in a stroke
of enormous forethought, grabbed Myron and
took him into their home. She knew how
devastated he would be if he observed what was
going on.
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After
about 20 minutes time, at which
point the law enforcement officials felt they
had gotten just about all the information they
could extract from me, I was allowed to call
my attorney. Richard immediately left his
law office and came to the house. At about
the same time, the assistant district attorney
assigned to handle the case, Larry Regan,
showed up, as well. Neither man was present
for more than five minutes when it was announced
that I was immediately being arrested for
weapons charges, due to my "prior" federal
offense. I was taken upstairs and allowed
to charge from my bathrobe into street clothes.
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As
I was being lead outside, I could see
the local news team waiting (KPLC) so they
could gather "perp walk" fodder for the
evening news. I was then put in a police
car and driven to a holding cell at the
federal courthouse, near downtown
Lake Charles.

Life in a Louisiana
parish jail, I am told, is fairly on par with many third
world countries. (Those who have told me this should know.
Anyone who has been to jail recently in any of the lower
states from California to Florida knows what an
abundance of jailed foreigners we have from Latin American
countries. Many who end up in Louisiana are not
exactly unqualified to make comparisons).
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There
are as many as 26 men crammed into
a holding space, with three showers, three open stainless
steel toilets, and a small locker for each man. At least
that's how it is at CCC (Calcasieu Correctional Center --
and, by the way, it's pronounced:
CAL" - kuh - shoo ).
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Five days after
being admitted to CCC, I was
granted a "detainment hearing." I wasn't particularly
concerned about the outcome. I felt confident that
I would be allowed to go home. Even in the aftermath
of the "counterfeiting" fiasco, more than thirteen years
earlier, I was let out on my own recognizance upon
entering a plea.
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This time
was different.
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The prosecution
insisted I was a flight risk using a concatenation
of deliberately false statements concerning my
character and intentions that were nothing short of
pure fantasy. Agents told the judge I owned guns with
the intention of shooting federal agents. They
told the judge that I had not one, not two, but
THREE passports -- that I was a pilot -- that I had
just flown the previous month -- that I had a video tape
of Branch Davidian fiasco in Waco sitting in
my library (the implication being that
I was another aspiring David Koresh) . . .
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I asked my
new criminal attorney, Lewis Unglesby, if they could
get away with a whole hearing full of perjurious
and misleading statements like that.
He looked at me as if to
say, "Where have you been?" and told me, in so many
words, that this was standard procedure.
[See
entire Official
Transcript of Detention Hearing.]
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I was held
for the next six weeks at "CCC" and then moved
from Lake Charles to "LPCC" (Lafayette Parish
Correctional Center) in Lafayette -- about 70 miles
to the West. Only much later would I learn that
the move to Lafayette was in my best interest.
The federal judge I had been originally assigned,
Judge Minaldi, was known to be very aggressive
in handing out sentences that were longer than
comparable cases before other judges. (In fact,
in prison, her nickname is "Maximum Minaldi,"
and although the U.S. Federal Sentencing Guidelines
are supposed to make the meting out of sentences
to defendents somewhat uniform, in practice,
there can be considerable leeway -- and not in the
downward direction.) In Lafayette, I was assigned Judge Tucker
Melancon -- known to be comparatively more lenient;
moreover, he was a personal friend of my
defense lawyer and himself the estwhile survivor
of male breast cancer.

I stayed
at LPCC from October 24th, 2003
until May 27th, 2004.
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During that time I was
charged with "weapons" violations, which were later
dropped and replaced by FDA charges and massive
asset confiscation -- effectively taking properties
away from my family that had nothing whatsoever
to do with the herbal business. In fact, two
of the three properties that the DOJ took from
us were purchased years before the products
mentioned in the pleading were ever introduced
into trade. As inexperienced as I was in criminal
law matters, my case was already manifesting all
the signs of a total shakedown. First, there was
the confiscation and destruction of about $500,000
in inventory at Alpha Omega Labs; then the confiscation
of my wife's entire gun collection (worth about
$15,000 -- including firearms from her grandfather,
which was brought into our marriage);
then there was the confiscation of books and cash
from our home -- most of which went conveniently
unreported; and then the confiscation of virtually
all our remaining commercial real estate and
one additional home we had purchased. Except
for Lumen Foods and our personal home, there
was little left when the Federal authorities
finished with us.
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Clearly,
this had nothing to do with the administration of
punishment for criminal activity. This
was about the use of mafia-style tactics to
obtain assets. (It is no wonder that
former Federal Judge John Yoder, who helped
the DOJ establish their Office of Asset
Forfeiture, is now calling his creation
a "monster."
[
8] )
With "weapons" charges, the
Government could have gone for a longer prison
sentence. But more than anything else they wanted
money; they wanted assets; like pirates looting
ships and islands throughout the Carribean,
they just wanted to "come home" and celebrate
the rapacious scooping up of stolen property
using arguments that weren't simply
mind-numbingly ludicrous,
but whose underlying premises were knowingly
fictitious -- mind-numbingly so.
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During the "negotiations" --
a most unfit term for what was really taking place --
federal prosecutors made clear that if I did not cooperate
with their scheme, they were going to imprison my wife,
Cathryn. Later, I was told by not less than a half dozen
attorneys, civil and criminal, that this is just standard
operating procedure. We were also threatened with RICO
charges and the use of massive government resources to
prosecute their case. My attorneys' response? Standard operating
procedure. My employees were threatened as well, as they
would be brought in as "unindicted co-conspirators."
My attorneys' response? Standard operating procedure. I was told
that when they were finished, neither I, nor my family,
would have much of any assets left. My attorneys' response?
Standard operating procedure. When I inquired as to
why so little content that was put forth by the
prosecutor had any shred of truth to it, and, in fact,
it would appear that any notion that there existed,
anywhere in the known Universe, a Truth that was separate
and apart from the desired theatrical outcome of
the Prosecutor, my attorneys told me the same: standard operating procedure.
(I understand now what Gore Vidal means when he says
that when a U.S. Federal prosecutor enters a court
of law, "perjury" is his native tongue.)
[
9]
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Having my wife behind
bars -- in the same state that I was -- would mean that our
7 year-old son could be orphaned and a ward of the state.
Child stealing is a well-established U.S. Justice Department
tactic. [
9b]
We could not allow that, so we made my brother-in-law, Neil,
my son's guardian by filing the proper paperwork with
the Calcasieu Parish Clerk of Court's office.
We then sent our son off, 300 miles away,
to live in a small farm community. He spent the first
semester of his entire second grade with Neil, until we
could be reasonably certain that federal agents would
not come in the night and take Cathryn away, stealing
Myron in the process. Frankly,
we had no reason to believe that this is not what
agents were planning to do, given their clearly stated
intentions.
Synchronicities & The Search for Meaning
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After I arrived
in Lafayette, I had to struggle initially with the
pains of separation. In Lake Charles, Cathryn was
a ten minute drive away. It was hard seeing her
just once a week, separated by a sheet of thick
glass, but at least it was manageable. And yet at
the same time, my world was surrealistic. As
Jordan Maxwell has noted, "You
only know what the United States is about when
you get into trouble."
[
10]
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The most
striking aspect of being imprisoned in a Louisiana
prison jail isn't just its similarity to
third world prison experience, it is the
variance with the way that the U.S.
media portrays prison life. Sure, there are
the usual elements: the fights -- I got into
two of them myself; the separation from any
sense of the natural world (i.e. recreation, which
would allow one to go outside was restricted
to once or twice a month; cell windows were frosted
so you could not see the outdoors; etc.), and
the general discomfort associated with having
roughly thirty grown men crammed into such close
living quarters. But more than that there was
the physiological effect that no medium short
of the actual experience can accurately convey.
One of the most common experience, unnaturally
surrounded by nothing but concrete and steel
structures, was the effect on the mind -- most
particularly, one's memory. Inmates frequently
refer to CRS (no, not Chinese Restaurant
Syndrome -- in prison, it's Can't Remember Shit).
You aren't simply removed from the world.
You experience the sensation of being reincarnated
into an entirely different existence.
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The other
universal experience concerns the nature of
one's interaction with staff. Before I went
to jail, and subsequently federal prison,
I didn't know that large facilities existed
where Americans brutalized other Americans so
badly. There is the unmistakeable sense, with
few exceptions, that one must have at least some
sadistic tendencies to "hire on" as a deputy,
counselor, or other staff position in this
area of law enforcement. Or perhaps it is that
law enforcement just naturally attracts people
who enjoy making life miserable for other
human beings. Even where it was quite clear
that a certain policy was already being enforced,
there were untold instances where staff members,
in Lafayette it was primarily guards, went out
of their way to make life even more onerous
for the inmates. I met few individuals who
were not completely heartless in the carrying
out of their duties.
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After four days of
sleeping on a thin cotton mat over a concrete floor in
one of the "holding cells," I was
assigned to Lafayette's general population. Like many
prisons, I would imagine, Lafayette had a nomenclature
that conformed to its architecture. Specifically, there
were five floors with six 26-man rooms on each floor.
Floors were numbered one through five; cell blocks,
A through F. Each cell block had thirteen cells, most
holding two men; some, three. I was in the third cell
block on the fourth floor, so, naturally, it was
labelled "4C."
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Within a couple
of days of coming into prison, I noticed something
odd: each door in the prison had its own name or label
as well. The door leading into "4C" was labelled S-350.
"What a coincidence," I thought. "The same number as my primary
business postal box."
[
11]
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Like many
prisons in America, the inmate population is so overflowing
that it exceeds the number of beds and other accommodations
for which the prison was designed. Clearly, "4C" was
designed for 26 people, and not one person more.
Nonetheless, when I got there in October, 2003, it was
overflowing so badly that there were wall-to-wall
people sleeping on the floor in the common area
outside the cells. If you had to urinate, you had
to ask permission from one of the inmates who was
lucky enough to have regular accommodations
(for each cell had its own steel bedding area,
with a mat on it; a stainless steel sink/toilet
combination; and a small table). It could
take you weeks to get a regular cell. In my
case it took about four weeks.
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The cells
around "4C" had doors that were labelled as well --
two sets of them -- first, the cell block
designation, running from 4C1 to 4C13 (one through
thirteen), stenciled prominently
above
the door; and then there was a
three digit number that
may have represented a numbering of all cell
doors in the building, stenciled prominently
on a
midpoint crossbar within the door
itself. For cells 4C1 through 4C13, these
numbers ran from
394 to 406 backwards, with the cell I was eventually
assigned, "4C6," having a numbered designation
of 400 -- even.
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In the
early morning hours following my assignment of
cell 4C6 (door #400), I had
a dream where I became "aware" that the cell
I was assigned coincidentally matched my birthday
(I was born on April 6, or 4/6), and the "C"
corresponded by my last name.
Hmmm, coincidence, perhaps, I mused inside
my dream. And then I was
"told" in the dream to remember "this sign,"
wherein the "sign" was what appeared to
be a "three" with a horizontal line over it --
looking close to the first letter of the
Sanskrit alphabet.
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At first,
I had no idea what this meant, but I immediately
made a decision to keep a "dream diary." Two
days later it "hit me" while I was eating
lunch what the "sign" was: it had nothing
to do with Sanskrit at all. It was the
"divided by" sign that any 7 year old
learns in arithmetic, above the number "3".
Sitting at a stainless
steel table not far from my cell door,
I stared at the 3-inch high numbers
stenciled midway on my cell door. "Let's
see," the thought entered my mind, "There is
only one remaining post office box for your
only other business: the one for
Alpha Omega Labs -- P.O. Box 1200 in
Lake Charles. Does not twelve-hundred
'divided by three' equal 400?"
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I froze for
a moment, if only to gather my thoughts.
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A more favorable location.
A more favorable judge -- who himself has a rare cancer.
Both of my postal boxes. My birthday.
My last name. Well, still -- it could
mean nothing. The universe overflows,
I thought to myself, with meaningless coincidences
for which superstitious minds will attempt
to attach unjustifiable significance.
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But somewhere,
somehow, a force was acting in the world that
was not so ready to let me off the hook.
Suddenly, I heard a voice -- faint, yet
charged with a clear, intense, and
unmistakeable intentionality, as if speaking
into my conscious mind from another dimension . . .
"When you look for the coincidences ... the coincidences,
in turn, will seek you out. Contained within
those coincidences you will find your meaning,
your purpose, and a mission for which you, and
every other person, were chosen before birth.
Each coincidence comprises the piece to a puzzle,
and as you complete the puzzle you will
see into the Will of God. You will see glimpses
of the Unfolding of the Divine Script.
In this you will attain True Knowledge."
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Lest the reader
feel I ascribe to myself some delusional, self-appointed
connection to the Divine, let me make clear my belief
that such quiet whisperings are common in the lives of all
men who are open to it. Since my early 20's, I had
been greatly influenced by Richard Maurine
Bucke's
Cosmic Consciousness, which is filled with
case studies of men who's major alterations in
life are accompanied by such auditory encounters.
Moreover, I caution the reader's temptation to assert
that I would have "invented" this "advice." The fact
is, I had only the vaguest recollection of Carl
Jung's concept of "synchronicity." I was
so ignorant about it that I then had Cathryn order several
books on the topic, which she had shipped to the prison.
(We were allowed to receive books from the outside,
as long as they were not hardbound).
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Up until this
time, I had been spending most of my time in
prayer and meditation; reading books (shipped from my own
library), magazines and newspapers; recreating
with occasional card games or chess; and writing
letters home. After my "encounter,"
I began to focus more attention on seeking out and
refining what the "Divine meaning" behind what had
happened.
Like a modern day
Victor Frankl, I became
determined to uncover the ultimate purpose for my
travails, inspired by this Higher Intelligence . . .
I was determined to transcend the conditions of my
Auschwitz, gather the pieces of the underlying puzzle,
and uncover its hidden meaning and purpose in my life.
[
12]
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Inspired as I had
been with personal affirmations
[
13], I went ahead and adopted new
ones to reinvigorate myself and acquire a new direction.
I then took an excerpt from these affirmations
and ingraved them in the
metal plating above my cell bed, so I would be staring at them
whenever I laid down to rest. They read:
"The TRUTH
Will Come Out!
My Name Will Be Cleared;
Reputation, Restored!
I Will Know Justice,
And Vast Wealth!"
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Then I began to
seek out coincidences . . . bits and pieces of information
I would hear from other inmates, tidbits from
my books and papers, even occasional comments
I would hear from the one and only cell block
television. I looked for anything where if God were
sending his message through the instrument of
coincidence, that message would find me . . .
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Weeks turned into
months, as I awaited to see what the final charges
from the Prosecutor's Office would be.
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Finally, my
wife got a call from my defense attorney, a date
was set for my next hearing,
May 25, 2004,
more than 8 months since the date of my imprisonment.
Plea Agreement: A Study in Torture & Coercion
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Other notable
figures have eloquently expressed in concrete terms
how and why the modern "plea bargaining" process as
perfected in the U.S. criminal justice system is an
exercise in torture and coercion.
[
14] Although the plea bargaining process has
been depicted in U.S. media as an unending source of
leniency for hardened criminals and all manner of
no-do-gooder, the reality is that, more times than not,
the plea agreement short-circuits justice, allows
prosecutors to hide unspeakable crimes of their
own, and provides the veneer that not only
is criminal justice fair AND efficient, but effective
(after all, federal apologists like to brag that over
95% of all arrests end up in plea agreements).
The truth is that it is difficult to conceive of a
mechanism that would more perfectly act as a suppressor
of truth and a determinant of real crime.
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In federal
prison, the saying goes: "There are two kinds of
inmates. The ones who pled and the ones who wish they'd
pled." I can say from personal experience that such
common penal coinage does not grow from a rosebed of
cynicism. It sprouts from the common experience of
untold thousands of inmates. No one I spoke to in the
entire time I was imprisoned would attempt to dispute
the veracity of that adage: not those who committed
real crimes, not those who are targeted for political
reasons (a shockingly high percentage), and certainly
not those who are railroaded by the U.S. Government's
massive asset confiscation vacuum cleaner.
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No words can begin
to replicate the experience of coming to court
(in this case, with my wife and attorney), being
presented with a near one-inch thick stack of
papers, and being told that you have 30 minutes
to read everything, sign it, and "plead" before
a federal judge -- especially when you've read a
sufficient body of the text to know that the charges
to which you are pleading are not only false, but
are breathtakingly out of step with what you
absolutely know to be true. Now, a good
criminal attorney would
come to his client beforehand and discuss the documents
in advance. Perhaps he might argue with the prosecutor
that there might be advantages to crafting the plea
documents so that they at least "sounded" truthful.
Unfortunately, the $50,000.00 I paid to
Mr. Unglesby was, by all appearances, insufficient
to have included this in his services. (In fact,
I doubt that for all services rendered, Unglesby
spent more than 25 hours on my case. I only
met him five times -- and all interactions were
themselves exercises in legal minimalism and
social deconstructionism. His "bedside manner" was the
worst of any professional whose services I ever retained.
As I told my wife, "Did we have to hire
the Marquis de Sade to represent me?")
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The untruthful
foundations for the plea agreement weren't simply
irritating for their inaccuracies, it was the
knowledge that even the prosecutor knew
they weren't truthful. (When one of our attorneys asked the
lead prosecutor how he could present such a
ridiculous document, he replied, "You do your
job or you lose your job!") As the plea hearing
got underway I realized I was travelling through
a surrealistic legal version of "Alice in Wonderland."
Judge:"Would you please explain to me in your
own words what it is that you're here to do today."
Author:"I'm here to enter pleas to protect my
wife and my employees and others."
(Official plea
hearing transcript, p. 5, L. 22-25)
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That should do it,
I thought. Perhaps the judge will see that this process
is coercive and somehow the process will shift to something
actually factual. Maybe.
The Court: "Okay. But, now, you need to help me with
this . . . Now I really need for you to help me with what you're
actually saying . . . "
(Transcript, p. 6, L. 1-11).
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Okay . . . well . . . up to this
point, I had tried to be polite. That's important, right? I mean . . .
I can't just stand here before the judge and say, "Listen, why can't
we just be honest? You know this plea agreement is full of lies.
I
absolutely know it's full of lies. Is it that much
trouble to come up with something that isn't fantasy?" -- (and I had signed
it at that point, skimming through it just to hit the high points --
but I had not actually READ it through thoroughly. There was no time for that.
The Courts don't think it's important for Defendants to actually read
the plea agreements that the DOJ comes up with. I know for a fact that
Lewis Unglesby didn't care.).
Author: "I understand, Your Honor. Well, there are accuracy
issues in the pleas, but -- I'm sorry. Specifically, what do you
want to know, Your Honor?"
(Transcript, p. 6, L. 12-14;
emphasis added).
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This is about are far as a
defendant in a U.S. criminal case can go to telling a judge in a plea
hearing that he's being coerced with a plea agreement that is -- to
use vernacular well understood anywhere in America -- full of bullshit.
Did the judge take the hint? Did he think, "The Defendant has just
told me that the plea agreement isn't accurate. Maybe I should ask
why he thinks its not accurate!"?
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Of course not.
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For the judge to
be concerned about the accuracy of a plea agreement, facts have to matter.
Truth must have meaning. In an out of control empire, like the U.S.,
the gravitational lines of power are warped around the desires of an
executive branch that has completely subsumed the other two
branches of government. All attempts at truthfulness are sucked into
the prosecutor's blackhole -- something I still wasn't realizing.
Judge: "Now, Mr. Caton, have you had ample opportunity to
discuss your case with Mr. Unglesby?"
Author: "Well, I just got the -- this paperwork -- just about
an hour ago, so -- and I've signed it. So I would say I haven't
had a lot of time, but I've had enough time to sign the documents." . . .
Judge: " . . . do you feel like you need more time . . . "
Author: "In all candor, Your Honor, I don't think it would
affect the outcome."
(Transcript, p. 7, L. 24 to
p. 8, L. 14).
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I'm not sure there is a way,
in English, to more politely say to someone the Truth doesn't matter.
But, hey, maybe we can use something stronger:
Author: "If this document said I must serve five years
in prison because I improperly emptied a kitty litter box,
I would be forced to sign that. I don't really have a choice
in the matter . . . What this [plea agreement] says [is], it doesn't matter
whether it's truth or not, I have to sign it."
Transcript, p. 9, L. 15-18 and
p. 10, L. 5-6; emphasis added).
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What ensued thereafter
was a statement by the judge that he didn't think he could
fairly accept my plea, followed by ramblings from my pseudo-defense
lawyer, Lewis Unglesby, that was
so at odds with my own knowledge of the facts and the
underlying circumstanes, that I had to butt in and interrupt
my own attorney's conversation with the judge:
Author: "I don't necessarily agree with that."
Judge: "I'm sorry?"
Author: "I don't necessarily agree with that."
Judge: "Well, I tell you what I'm going to do, Mr. Unglesby . . . I'm
going to go ahead and take my three o'clock matter. I'm going to give you
and Mr. Caton until 3:30. We'll come back at 3:30 . . . "
Transcript, p. 12, L. 1-5).
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I could tell that Judge Melancon
was trying to do the right thing -- after all, he could have thrown the book
at me for not being a good sport and just freely and willingly admitting
to things that I knew were false. He was as polite as any judge could
possibly be, but the hidden message of this latest instruction was the same:
"Mr. Unglesby, you obviously haven't explained how this
conviction mill works. You better grab a spare room in the
back and explain to your client how things get done around here."
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To this point,
I made it clear to the Judge Melancon
that there was no deliberate intention to
defraud
anyone; that my wife, son, even my
employees had been threatened, so thereby I was
forced to go along with the plea. I had done
everything I could think of
to make it clear on the record that coercion
was part and parcel of what was going on, without
actually coming out and saying that the plea
was a completely bogus document. I attempted
to fall just short of the line. I was powerless to
voice my objection to what was going on in any
other fashion. (Again, all of this can be read
in the
official plea transcript
of that hearing.)
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Apparently my
objecting proved to be more than even Judge Melancon could tolerate.
It was then that he interrupted the proceeding and had Unglesby
take into a back area behind the courtroom and explain
to me how the system "worked." Present at that brief
meeting were Unglesby, Cathryn, and myself.
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There was no
recording equipment present, but from the recollection
of my wife and I the meeting went something like this:
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"Do you have
any idea what you've just done!" Unglesby broke out
steaming, just as soon as we had closed the door and
sat down.
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"How can you
have me sign this?" I shot back. "Okay, so the
prosecutor can lie all he wants to. But what about me?
If I sign these documents -- and you and I both know
they contain false information -- isn't that perjury
on my part?"
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"Who in the
hell do you think you are?" Unglesby volleyed obliquely,
ignoring my question, "There are Justice and FDA
agents downstairs just hoping you screw this up
so they can come back with more charges.
They don't like this deal. They think you're
coming out of this way too light.
But hey, you want to fight the Federal Government,
that's your business."
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A short
pause ensued. I said nothing. Neither did Cathryn.
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"Governor
Edwin Edwards was a good friend of mine," Unglesby
continued, almost musing. "He had access to millions
of dollars and he thought he could take these guys on, too.
You saw what happened to him, didn't you!"
[
15]
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Another pause
ensued -- at which point, sitting there in my orange
prison garb -- I was almost beyond words. I looked at
Cathryn, knowing that one wrong move could mean her
imprisonment and an uncertain future for my son.
At issue, besides my disgust with the immorality of the
entire process, was a series of yes-no questions that I, and all other
federal inmates in my same position, must answer before
a judge will accept a plea agreement.
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"I tell you what, Lewis,"
I began bitterly, "I can't answer the questions without
your input . . . because if I actually answer the questions
that are on this piece of paper with what I KNOW to be
the truth, there is no way this judge will accept my
plea. So here . . . " [and I symbolically handed
Unglesby the pen that was on the table] " . . . you take
this pen and write 'Yes' and 'No' all the way down
the plea agreement so I don't have to think about
what I'm doing and that's how we'll get through this
thing."
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I almost expected
Unglesby to pause and question my approach. But, by now,
dear reader, you should know that's pure fantasy.
Without skipping a beat, Unglesby proceeded to take
the pen and write my answers all the way down the
plea agreement. It was then -- and mind you, I can think
of no more visceral words to convey how I felt in that
moment -- that I felt like I was no more than a
fecal turd floating around in Unglesby's toilet: that
he could not move fast enough to hit the flush handle;
that he could not move fast enough to get rid of me and
move onto the next case.
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There is no
question in my mind that if Lewis Unglesby were asked
today if we ever had the above conversation, or if the
details provided are accurate, he would deny it.
He has to. He cannot admit to what happened.
But this recounting is completely accurate to
the best of my and my wife's recollection.
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Within the hour we were back
in Melancon's courtroom, ready to make another go at the
plea agreement. This time, we simply followed the script,
which concluded with only one unexpected change in course:
with the submission of our home as collateral,
I was released "on bond" until the date of sentencing, which
was set for August 24, 2006 -- three months hence.
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Shortly after I was released
on bond (which actually occurred on Thursday, May 27, 2004, because
it took time to get the documents filed), a series of events
occurred which I felt sure would cause the charges against me
to be overturned -- irrespective of the plea. My conviction,
however, was as rooted in my faith as it was my naivete.
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First, Sue Gilliatt,
the woman who
had claimed that our Cansema® Salve had
burned her
nose off came out with a
Sworn Affidavit,
blaming her entire
mishap on another defendent's product. Apparently, her attorney
felt that with my plea agreement, he had a winable claim
against my insurance company, so he could go after his
next victim (Dan Raber). This had all the look and feel of a real estate
broker who deliberately sells the same piece of real estate
to two different parties. It smacked of fraud.
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In July, I had
Sue Gilliatt deposed so that we could get her story
on the record. During that deposition, not only
did Sue testify that she had used multiple products,
not just Cansema®, but she admitted that H3O -- the product
that was the basis of the Government's charge against
me which she initiated -- was not even used. She
never opened the bottle. She purchased the product on
the advice of George Ackerson, who not only had worked
for us but had been COOPERATING with the FDA, and, in fact,
had never discussed this with me. If Gilliatt's testimony
is true, it is clear that George was making outlandish
claims in an attempt to, at the least, sully our reputation;
or worse, was acting as a party to the set-up.
In fact, Gilliatt claimed that because George's advice
sounded fishy to her,
she specifically and
premeditatedly bought the
product with the idea of initiating a lawsuit.
In addition, Gilliatt claimed that whereas she had
been diagnosed with cancer on her nose, she knew that
she was cancer-free AFTER the use of Cansema® and
the Dan Raber product. She wasn't suing because the
product didn't get rid of her cancer, it was obvious
she was suing because the product was not FDA-approved.
All of this can be confirmed by reading her
affidavit and her
deposition. If she thought
that Cansema® really "removed her nose," she would
have taken a post-application photograph. Not one
that was taken after surgical removal.
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During the summer of 2004,
I spent time working for the food preservation company that
I had founded and sold to William Woodward in Lake Charles --
(in fact, I was given permission to fly to Las Vegas, not
once, but twice, to "do" trade shows for the new company,
now called
Global
Preservatives). I also spent time writing
the first draft of several chapters of Meditopia and preparing
for September 24th, the date of my sentencing hearing.
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Several things occurred
during that summer which not only solidified my realization
that my case was a travesty but that, in more general terms,
I was witnessing a system in extreme dysfunction.
First, I had a meeting with the man (
Mr. Ron Helo) who would draft what is
well-known as the PSI (Presentence Investigation) Report -- a process
that any defendant who pleads or is found guilty must go
through (and that is better than 98% of all people who federal
agents arrest). The PSI report
is a crucial document. The judge uses its findings to determine
what the defendant's sentence will be. Present at
that meeting were Mr. Helo, who was to prepare
my PSI Report, Cathryn, and myself.
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Very early in our
meeting, Mr. Helo happened to mention -- as an aside --
that my charges were unusual.
"They don't usually go after
people for things like this," he mused.
"You must have
pissed off somebody in Washington." The very idea that
the man who would author the sentencing report that would
determine my future admitted that the political component
of my case was glaring was itself nauseating.
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Next, and far more
surrealistic, were the "forfeiture meetings" that occurred
both before and after my pleading. At every stage of the
process there was an unmistakeable sense of urgency
to find out WHERE I was "hiding" my assets. Not only did
a lie detection "expert" (who stated that he worked for
the Food & Drug Administration) administer three
polygraph tests to me, but the prosecutor himself, Larry Regan,
met with my attorney, Richard Moreno, Cathryn, and myself,
to discuss what monies I could
RAISE to resolve
the issue of forfeiture.
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The very idea that I had to
go out and
FIND money so that I could resolve a
plea that insisted that I already
HAD MADE A FORTUNE
on illegal activity was itself proof that even the
prosecutor didn't believe the "facts" that were
attested to in his own plea agreement. This later
meeting took place in July (2004) and came with an
announcement that the prosecutor might have to file
additional charges for Obstruction of Justice because
I had sold off one of my buildings (the old Guth Dairy
Complex on Hodges and interests in a business) within
a few months of the proceeding (in December, 2003 to
be exact). In doing so, "You cheated us out of whatever
proceeds we could have gotten from that sale."
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When
I rebuted that the theft of inventory belonging to
Alpha Omega Labs, Lumen Foods, and PreservX (representing
all three of my related companies) on the part of
the Department of Justice was so severe that I had to
sell off these assets, no further mention of additional
charges was made. (Hibernia National Bank, now Capital One Bank,
had a blanket UCC-1 holding on my inventory as collateral
security. I had to liquidate my other properties
to pay off the loan because the Government had
confiscated and destroyed the collateral security.
The prosecutor already knew this, which is why he
immediately broken off any further mention of
obstruction of justice charges: he would have had
to have realized that in his lust to uncover assets
that didn't exist
he was chastising me for not
defrauding the bank so that his department could
get their hands on more money.) Acting as if his job
depended on gathering more assets from my case,
Larry Regan looked at me intensely towards the end
of the meeting and said, "
Now if you could get
Woodward (the man who purchased PreservX from
my wife and I and created Global Preservatives)
to L-E-N-D you $300,000,
we could make this whole forfeiture matter go away."
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I was flabbergasted . . .
but my reply was swift:
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"Larry, there is no way in the
world -- given what you people have done -- that anybody
is going to lend me any money at this point."
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Well into
2006, the U.S. Department of Justice continued with its
attempts to extort money from us for
the "crimes" I was coerced to admit to,
all to be paid by monies that had yet
to materialize. Their extortion plot was quite simple:
they did, in fact, go ahead and confiscate my remaining
two commercial buildings and a residential house
(on Prewitt Street in Lake Charles). They then
proceeded to NOT liquidate the property, but rather
left it for my wife and I to continue making payments
on the commercial mortgage. In addition, they
refused to pay the taxes on the property. Worst
than that, they refused to even file their
ownership with the parish clerk's office, so that
the property tax people themselves did not know what
legal remedy to take. (In 2005, Cathryn hired a
former federal prosecutor, Rick Warren, to help unravel
the forfeiture matter. He ended up telling her that
he could not solve the problem, because the prosecutor
had acted in a way that "isn't even authorized by
their own manual" for forfeitures . . .)
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Lewis Unglesby ended up
being no more helpful on resolving the forfeiture matter than
he had on anything else. Richard Moreno took in $22,000 in
legal fees related to the forfeiture, accomplishing nothing,
before Cathryn turned the spicket off. And then Rick Warren
collected his $3,000 in legal fees for making a few phone
calls. The worst of the bunch was Unglesby, who gave Cathryn
every indication that he was working
FOR the prosecutor --
and not at all for us.
He even suggested that
we should sell Lumen Foods and give
the proceeds to the Government to put
the matter to rest. Shortly after that, Cathryn sent Unglesby
a taped telephone conversation where Larry Regan admitted
that the proceeds from any sale of Lumen Foods was
NOT
part of the forfeiture (i.e. Cathryn could keep the money),
just to prove that
SHE knew that his advise had
been worse than worthless. The only useful comment he made
towards the end of the relationship (and one we believe to
be true) was that "the prosecutor, and FDA and DOJ officials
involved in your case
still believe that your husband
is hiding millions of dollars in offshore bank accounts."
[
16]
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Of course, the money
didn't exist. It never existed. But it was the desire of
the prosecutor and those in his camp to
believe that
they
must exist that fueled an extortion campaign
that continued right up until Cathryn and I moved to
Ecuador.
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It was not long
after that last asset forfeiture meeting that the
Sue Gilliatt deposition took place. With the revelations
concerning Sue Gilliatt's duplicity, the submission of
hundreds of testimonial letters from satisfied customers
we sent Unglesby -- of which only a small percentage was
submitted to the Court, all
using the very products that the FDA had objected to;
an objection to two points of the sentencing enhancement
by Unglesby (on deliberate intent, which was too patently
obsurd for even Unglesby to allow to stand in the record);
the presence of two end users who were willing
and able to testify as to the effectiveness of the product --
one of whom, a medical doctor, would have testified that
the product could NOT produce the injury to which the
prosecutor alleged; and a judge, who I was sure was aware that
that the plea agreement was, to put it mildly, deeply
flawed, I was confident of a favorable outcome.
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Such was not the case:
although the nearly $1 million in fines that the prosecution
requested were dropped to zero; and our "point reduction"
request was granted; I was still sentenced to 33 months in
prison, with no deviation from the U.S. Sentencing Guidelines.
(See
Official Transcript
of Sentencing Hearing.)
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As the sentence was being
read -- and this is not something that anyone who has
been through the process can ever forget -- I stood
in shock at the outcome. It was not so much that the
outcome ran completely counter to what I felt my "inner
guides" had been telling. It was not so much that the
outcome would pose enormous hardships for myself and
my family, or that the asset forfeiture had disgorged
nearly my entire life's work -- and was now targetting
assets that didn't exist: now or ever. It certainly wasn't
an issue of reputation, because the people I catered to already
knew that when it came to health care the
U.S. Food & Drug Administration was little more than
a crime syndicate, employed by
the pharmaceutical companies. It wasn't
even all that hurtful that my own attorney, Lewis Unglesby,
went ahead and told the media that I was happy with
the outcome (a bold-faced lie): at least he was consistent
in working against the interests of his client.
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What hurt
more than anything was that evil had one the day,
that orthodox medical sites would claim victory and,
once again, claim that this was proof that online
vendors of alternative health care products were
nothing more than hucksters.
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What hurt most
was that Truth had effectively been railroaded and
I had been powerless to stop it. Whatever was happening
here, this was NOT a triumph of medical science over
politics and greed. This was the triumph of the very
kind of corruption that I had devoted thirteen years
of my life to reform.
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I was given 30 days
before self-reporting to local penal authorities.