September 8, 2015
Memorandum to: Distribution
Subject: Information on the Anticompetitive and Predatory Conduct of the Food and Drug Administration, Battelle Memorial Institute and the Grocery Manufacturers Association
This letter is in response to communications from your offices requesting additional information on the collusion among the Food and Drug Administration (FDA), Battelle Memorial Institute (BMI) and the Grocery Manufacturers Association (GMA) to violate antitrust and other state and federal laws.
At this time, the Acting Commissioner of the FDA, Dr. Stephen Ostroff, the President of BMI, Dr. Jeffrey Wadsworth, and the President of GMA, Ms. Pamela Bailey, have each been served with a “Constructive Notice”, pursuant to §§ 1-308 (remedy), and; 1-103 (recourse) under common law as codified by the Uniform Commercial Code (UCC).
The Constructive Notices contained sworn affidavits of truth and exhibits of proof demonstrating that the FDA colluded with BMI and GMA to engage in anticompetitive conduct in violation of Sherman antirust and other state and federal laws. Copies of these Constructive Notices and supporting exhibits can be viewed and downloaded for your use on-line at http://jgpis.org
Dr. Ostroff, Dr. Wadsworth, and Ms. Bailey, were each granted 45 days (15 more days than the 30 day limit codified under the law) in which to rebut the facts as presented to them. The defendants chose not to rebut any of the facts as presented to them. Default having occurred, the facts as set forth in the Constructive Notices are now established as conclusive and dispositive facts in all subsequent matters of law, in accordance with Uniform Commercial Code §1-205.
Based on these now conclusive and dispositive facts under the law, we wrote to each of you, formally requesting that the Attorneys General of the District of Columbia, Ohio, Maryland and Delaware conduct formal investigations of District of Columbia and state laws that have been violated in this matter. In similar fashion, we wrote to the U.S. Attorneys for the District of Columbia, Ohio, Maryland and Delaware, requesting a formal investigation of the federal laws that have been violated in this matter.
In response to your requests for additional information, and to assist you further, please visit http://jgpis.org and click on the “antitrust” link where we have consolidated all of the reports, analyses, and evidence that has been amassed demonstrating egregious violations of both state and federal laws. These violations of law include both civil and a large body of criminal law.
At this link you will also find a comprehensive report submitted to the Federal Bureau of Investigation (FBI) with supporting exhibits, the Constructive Notices served on Dr. Ostroff, Dr. Wadsworth, and Ms. Bailey, and analyses of how the FDA, BMI and GMA have engaged in bid rigging and colluded to artificially fix prices in ways that are causing direct harm to the American consumer.
Please be advised that the U.S. Department of Justice Antitrust Division and the FBI’s Criminal Division may be complicit in a cover-up of the FDA’s actions in this matter. In spite of repeated requests for an investigation of the egregious criminal violations of a very large body of federal laws, these agencies have dismissed repeated pleas to investigate this matter. This is a bizarre response to a matter that is causing direct harm to the consumer, and involves a multi-million dollar scheme to defraud citizens of the United States.
From time to time we will be updating the “antitrust” tab at our http://jgpis.org web link to support your investigation.
If you wish to contact me for any reason please call at 240-439-4476 x-11. We stand ready to assist you in any and all ways possible. Thank you for your efforts in protecting the citizens of Ohio, the District of Columbia, Maryland, Delaware, and across the nation, from predatory anticompetitive conduct.
John Hnatio, EdD, PhD
Michael DeWine, Esq., AGOH
Karl A. Racine, Esq., AGDC
Brian E. Frosh, Esq., AGMD
Matthew P. Denn, Esq., AGDE
Rod J. Rosenstein, Esq., USAMD
Vincent H. Cohen, Jr., Esq., USADC
Charles M. Oberly, III, Esq., USADE
Carter M. Stewart, Esq., USAOH
Representative Bob Goodlatte, Chairman, House Committee on the Judiciary
Loretta E. Lynch, U.S. Attorney General
Robin Ashton, OPR-DOJ
William J. Baer, ATD-DOJ
James B. Comey, FBI
Eric Washington, Chief Judge, D.C. Court of Appeals