INFORMATION MEMORANDUM
TO: DISTRIBUTION
SUBJECT: STATUS REPORT ON FDA MATTER
DATE: MARCH 7, 2015
BACKGROUND
In the case of FoodQuestTQ, the Food and Drug Administration plagiarized the doctoral dissertation of the company’s Chief Science Officer; infringed on the company’s patents and misappropriated the company’s trade secrets to duplicate FoodQuestTQ products that the small business was already trying to sell to the food industry.
STATUS
Over the past several weeks, the case of FoodQuestTQ has taken several important twists. To date, the small company has reported fraud, waste and abuse at the Food and Drug Administration to virtually every law enforcement agency in the Federal Government with no action. A copy of the investigative report prepared by FoodQuestTQ at the request of the Federal Bureau of Investigation was sent to the White House, the Director of the Office of Management and Budget, the Inspector General of the Department of Health and Human Services, the Small Business Administration, the Comptroller General, the Director of the Federal Bureau of Investigation and many others. Without exception, the Federal Government refuses to investigate itself.
RESPONSE
In June 2014, FoodQuestTQ requested that the FBI investigate the fraud, waste and abuse taking place within the FDA, Department of Health and Human Services and the Small Business Administration. In February 2015, the FBI declined to investigate. In March 2015, FoodQuestTQ wrote to the Inspector General of the U.S. Department of Justice requesting an independent investigation of the FBI into the agency’s failure to provide due process of law to FoodQuestTQ. FoodQuestTQ also filed a request for an investigation with the Attorney General of the State of Maryland since many of the crimes committed by U.S. Government personnel occurred at FDA Headquarters which is located in the State of Maryland.
In January of 2015, FoodQuestTQ signed a retainer agreement with a major law firm to investigate the infringement of its patents and the misappropriation of the company’s portfolio of trade secrets.
NEW ORGANIZATION
Earlier this year FoodQuestTQ transferred some of its former for-profit functions to a 501 c (3) non-profit charitable organization known as the Institute for Complexity Management (ICM). ICM has two principal components. The first component is the John Galt Program for Investigative Studies (JGPIS). JGPIS was established to provide pro-bono assistance to small businesses across the country who are victims of corruption. The second component is our National School Safety Collaboratory (NSSC). The NSSC was created as the vehicle for the development, maintenance and deployment of advanced software to enhance the safety of our children at schools across America. The NSSC takes the same platform technology developed by FoodQuestTQ for food protection and applies it across the breadth of school related risk management challenges.
FDA UNAUTHORIZED USE OF FOODQUESTTQ INTELLECTUAL PROPERTY
In prior notifications, all addressees were cautioned to avoid future liability by refraining from the use of the FDA Food Protection Plan and the following five FDA tools that are currently accessible free of charge to the food industry at the FDA official government website, namely:
- Food Defense Plan Builder
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- Food Defense Mitigation Strategies Database
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- iRisk
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- Food Related Emergency Exercise Boxed (FREE-B)
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- Post 2007 Updates to C.A.R.V.E.R. plus SHOCK
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Table 1: FDA Tools in Dispute
FDA copyright infringement in the case of FoodQuestTQ versus the Food and Drug Administration includes the plagiarizing of FoodQuestTQ funded and copyrighted research as embodied in the CSM METHOD® and other research, patent infringement and theft of FoodQuestTQ LLC owned trade secrets that the FDA used to duplicate the following six FoodQuestTQ LLC commercial products, namely:
- Food DefenseTQ (with TQ standing for Threat Quotient)
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- Food Defense Architect (FDAR)
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- Food Safety Architect (FSAR)
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- POISON Metadata Repository of Intentional and Unintentional Food Poisonings
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- Food Event Analysis and Simulation Tool (FEAST)
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- Food Response and Emergency Evaluation (FREE) Tool
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Table 2: FoodQuestTQ Tools Duplicated by the FDA
CAUTION TO ALL PARTIES
Please be advised that any use of Projectioneering LLC and FoodQuestTQ LLC owned intellectual property, without the express written permission of Projectioneering LLC and FoodQuestTQ LLC will be considered by Projectioneering LLC and FoodQuestTQ LLC as the unauthorized use of Projectioneering LLC and FoodQuestTQ LLC owned intellectual property pursuant to Title 35, USC, Chapter 29, et seq.
Private companies who continue to use the Food and Drug Administration Food Protection Plan and the computer tools listed in Table 1, below, may also be considered to be in collusion with the Food and Drug Administration within the intent of the Sherman Anti-trust, Clayton and Federal Trade Commission Acts by conspiring to engage with a federal regulatory agency, i.e., the Food and Drug Administration, in anticompetitive conduct.
RECOMMENDATION TO AVOID FUTURE LIABILITY
To avoid future liability in this matter all parties should refrain from using the FDA Food Protection Plan or any of the five computer software tools listed in Table 1, above, since they contain the FoodQuestTQ LLC and Projectioneering LLC owned intellectual property in contention. In the event that Projectioneering LLC and FoodQuestTQ LLC prevail in this matter, any party that knowingly uses the above referenced FDA products can be held liable for infringement under 35 USC, Chapter 29, e seq. and other applicable provisions of law.
Bruce Becker. President John H. Hnatio, President
FoodQuestTQ LLC Projectioneering LLC
Date: March 7, 2015 Date: March 7, 2015
