Some of this information was submitted to the Office of the Inspector General for the United States Department of Health and Human Services on April 22, 2020
Request for
Investigation - Possible Sherman Act Violation
v.
United States Department of Health and
Human Services Centers for Disease Control and Prevention
Robert R Redfield, et al.
National Institute of Allergy and Infectious
Diseases
Anthony Stephen Fauci, et al.
Governors of All States Issuing
Executive Orders abridging the 1st Amendment of the Constitution
University of North Carolina, Chapel
Hill
Professor Ralph Baric, et al.
And unknown Parties
On April 25, 2003, the United States Department of Health and
Human Services Centers for Disease Control and Prevention (hereinafter, “CDC”)
filed an application for a United States patent (Application Number US46592703P,
subsequently issued as U.S. Patent 7,776,521 and U.S. Patent 7,220,852) entitled “Coronavirus isolated
from humans”. Claim 3 –A method of detecting a severe acute
respiratory syndrome-associated coronavirus (SARS-CoV) in a sample…; and, Claim
4 - A kit for detecting a severe acute respiratory syndrome-associated
coronavirus (SARS-CoV) in a sample…, provided the CDC with a statutory market
exclusion right the detection of and sampling for severe acute respiratory
syndrome-associated coronavirus (SARS-CoV).
Securing this right afforded the CDC exclusive right to research,
commercially exploit, or block others from conducting activities involving
SARS-CoV. On September 24, 2018, the CDC failed to pay the required maintenance
fees on this patent and their rights expired.
From April
2003 until September 2018, the CDC owned SARS-CoV, its ability to be detected
and the ability to manufacture kits for its assessment. During this 15-year
period, the effect of the grant of this right – ruled unconstitutional in 2013
by the United States Supreme Court in the case of Association for Molecular
Pathology et al. v. Myriad Genetics – meant that the commercial
exploitation of any research or commercial activity in the United States
involving SARS-CoV would constitute an infringement of CDC’s illegal patent.
It appears
that, during the period of patent enforcement and after the Supreme Court
ruling confirming that patents on genetic material was illegal, the CDC and National
Institute of Allergy and Infectious Diseases led by Anthony Fauci (hereinafter “NIAID” and "Dr Fauci", respectively) entered into
trade among States (including, but not limited to working with Ecohealth
Alliance Inc.) and with foreign nations (specifically, the Wuhan Institute of
Virology and the Chinese Academy of Sciences) through the 2014 et seq National
Institutes of Health Grant R01AI110964 to exploit their patent rights.
It further appears that, during the period of patent enforcement and after
the Supreme Court ruling confirming that patents on genetic material were illegal, the CDC and National Institute of Allergy and Infectious
Diseases (hereinafter “NIAID”) entered into trade among States (including, but
not limited to working with University of North Carolina, Chapel Hill) and with
foreign nations (specifically, the Wuhan Institute of Virology and the Chinese
Academy of Sciences represented by Zheng-Li Shi) through U19AI109761
(Ralph S. Baric), U19AI107810 (Ralph S. Baric), and National Natural Science
Foundation of China Award 81290341 (Zheng-Li Shi) et al.
It further appears that, during the period of patent enforcement and after
the Supreme Court ruling confirming that patents on genetic material was
illegal, the CDC and NIAID entered into trade among States (including, but
not limited to working with University of North Carolina, Chapel Hill) and with
foreign nations to conduct chimeric construction of novel coronavirus material
with specific virulence properties prior to, during, and following
the determination made by the National Institutes for Health in October 17,
2014 that this work was not sufficiently understood for its biosecurity and
safety standards.
In this inquiry, it is presumed that the CDC and its associates
were: a) fully aware of the work being performed using their patented
technology; b) entered into explicit or implicit agreements including
licensing, or other consideration; and, c) willfully engaged one or more
foreign interests to carry forward the exploitation of their proprietary
technology when the U.S. Supreme Court confirmed that such patents were illegal
and when the National Institutes of Health issued a moratorium on such
research.
The aforementioned items appear to constitute, “contract,
combination in the form of trust or otherwise, or conspiracy,” as defined under
15 US Code § 1.
Under 15 U.S. Code § 1 (the
Sherman Antitrust Act) “Every
contract, combination in the form of trust or otherwise, or conspiracy, in
restraint of trade or commerce among the several States, or
with foreign nations, is declared to be illegal. Every person who
shall make any contract or engage in any combination or conspiracy hereby
declared to be illegal shall be deemed guilty of a felony, and, on conviction
thereof, shall be punished by fine not exceeding $100,000,000 if a corporation,
or, if any other person, $1,000,000, or by imprisonment not exceeding
10 years, or by both said punishments, in the discretion of the court.”
Reportedly,
in January 2018, the U.S. Embassy in China sent investigators to Wuhan
Institute of Virology and found that, “During
interactions with scientists at the WIV laboratory, they noted the new lab has
a serious shortage of appropriately trained technicians and investigators
needed to safely operate this high-containment laboratory.” The Washington
Post reported that this information was contained in a cable dated 19
January 2018. Over a year later, in June 2019, the CDC conducted an inspection of Fort
Detrick’s U.S. Army Medical Research Institute of Infectious Diseases
(hereinafter “USAMRIID”) and ordered it closed after alleging that their
inspection found biosafety hazards. A report in the journal Nature
in 2003 (423(6936): 103) reported cooperation between CDC and USAMRIID on
coronavirus research followed by considerable subsequent collaboration. The
CDC, for what appear to be the same type of concern identified in Wuhan,
elected to continue work with the Chinese government while closing the U.S. Army
facility.
Reportedly, on December 31, 2019, the
Chinese government informed the World Health Organization (WHO) that a number
of cases of suspected coronavirus-associated SARS cases were being treated in
the area of Wuhan. The CDC reported the
first case of SARS-CoV like illness in the United States in January 2020 with
the CDC’s Epidemic Intelligence Service reporting 650 clinical cases and 210
tests. Given that the suspected pathogen
was first implicated in official reports on December 31, 2019, one can only
conclude that CDC: a) had the mechanism and wherewithal to conduct tests to
confirm the existence of a “novel coronavirus”; or, b) did not have said
mechanism and falsely reported the information in January. It tests credulity
to suggest that the WHO or the CDC could manufacture and distribute tests for
a “novel” pathogen when their own subsequent record on development and
deployment of tests has been shown to be without reliability.
Notwithstanding, the CDC and WHO
elected to commit to a narrative of a novel coronavirus – exhibiting properties
that were anticipated in the U.S. Patent 7,618,802 issued to the University of
North Carolina Chapel Hill’s Ralph Baric – and, in the absence of testing
protocols, elected to insist that SARS-CoV-2 was the pathogen responsible for
conditions that were consistent with moderate to severe acute respiratory
syndrome.
On March 4,
2020, California Governor Gavin Newsome appears to have violated the law of the
State of California by issuing Executive Order N-33-20 based on the “threat of
COVID-19” with no evidence that such threat existed as confirmed by serology or
confirmed immunologic evidence. The
Government Code sections cited in the Order (Government Code sections 8567,
8627, and 8665) require that criteria be met which do not include the “threat”
of any condition but evidence of said condition. At that time, neither the CDC
nor the WHO had sufficient testing in place to: a) confirm and isolate “a novel
coronavirus” from other coronaviruses; b) California did not have pathology
data to suggest that an epidemic was imminent; and, c) the rest of the United
States was equally incapable of making any such assessment as a result of the
aforementioned conspiring parties actions.
Governor Newsome’s Executive Order, followed by numerous other similar
orders, all are based on the threat of a thing that may or may not exist.
Around March
12, 2020, in an effort to enrich their own economic interests by way of
securing additional funding from both Federal and Foundation actors, the CDC and NIAID’s Dr Fauci elected to suspend testing and classify COVID-19 by capricious
symptom presentation alone. Not surprisingly,
this was necessitated by the apparent fall in cases that constituted
Dr. Fauci’s and others’ criteria for depriving citizens of their 1st
Amendment rights. At present, the
standard according to the Council of State and Territorial
Epidemiologists Interim-20-ID-01 for COVID-19 classification is:
In outpatient or telehealth settings
at least two of the following symptoms: fever (measured or subjective), chills,
rigors, myalgia, headache, sore throat, new olfactory and taste disorder(s)
OR
at least one of the following
symptoms: cough, shortness of breath, or difficulty breathing OR Severe
respiratory illness with at least one of the following:
• Clinical or radiographic evidence
of pneumonia, or
• Acute respiratory distress
syndrome (ARDS).
AND No
alternative more likely diagnosis
Laboratory Criteria for Reporting
● Detection of SARS-CoV-2 RNA in a
clinical specimen using a molecular amplification detection test.
● Detection of specific antigen in a
clinical specimen.
● Detection of specific antibody in
serum, plasma, or whole blood indicative of a new or recent infection.*
*serologic methods for diagnosis are currently being defined
After inflicting grave harm to the
citizens of the United States of America in economic hardships resulting from
their allegation of an “epidemic” or “pandemic”, the CDC and the NIAID set
forth, and the President of the United States and various Governors in the
respective States promulgated, standards for lifting conditions in violation of
the 1st Amendment to the Constitution that serve exclusively to
enrich them. Both the presence of a
vaccine or treatment and, or, the development of testing – both that solely
benefit the possible conspiring parties and their co-conspirators – are set as
a condition for re-opening the country. This appears to be an unambiguous violation of the
Sherman Act and, if so, should be prosecuted immediately to the full extent of the law.
Additional information is available upon request.
Submitted this 22nd of April, 2020
Dr. David E. Martin – all Whistleblower Rights and
Protections Reserved