EGREGIOUS (RAMPANT) HEALTHCARE RIP-OFFS - AND DAVE LINDORFF

Investigative reporter Dave Lindorff made a pejorative reference to CONGRESS
"cracking down on this or that particularly egregious health provider
rip-off..."
--See "Say Goodbye to the Nice Health Care Reform, Kids"
http://www.thiscantbehappening.net/?q=node/337

OPEN LETTER archived for global access; see below.

Dave Lindorff
Award-winning investigative reporter
Author, This Can't Be Happening! Resisting the Disintegration of American
Democracy (Common Courage Press, 2004)
http://www.thiscantbehappening.net
Via dlindorff@...

Dave,

LAW ENFORCEMENT should be "cracking down" on "particularly egregious health
provider rip-offs"...

Egregious health provider rip-offs are RAMPANT.

Please investigate.

US Attorney Karin J. Immergut (District of Oregon) is:

1) failing to prosecute/stop OBGYNs from routinely closing birth canals up to
30% (most births);
2) failing to prosecute/stop OBGYNs from routinely KEEPING birth canals closed
up to 30% when babies get stuck (1 in 10 births); and
3) failing to prosecute/stop OBGYNs from routinely ASPHYXIATING babies
(temporarily) as up to 50% of their blood volume is amputated (most
c-sections;most cord blood banking births).

NOTE: I've notified the US District Court for the District of Oregon
(Magistrate Judge Dennis Hubel) that US Attorney Karin J. Immergut and her
Assistant US Attorney Bob Nesler are failing to prosecute obvious medical and
chiropractic crimes promoted by the United States of America.

See United States of America v. Todd D. Gastaldo
CIVIL NO. 09-310-HU
MOTION TO DISMISS
ALSO: URGENT: REPORT OF SUSPECTED MASS CHILD ABUSE BY OBGYNs^^^

^^^Filed May 26, 2009

NOTE ALSO: US Attorney Karin J. Immergut and her Asst US Atty Bob Nesler do not
accept my word that I paid back $9,500 plus interest in chiropractic student
loans via the US Internal Revenue Service. They first asked the court for an
extension to July 10, 2009 so that the US Department of Education could help
them respond to my Motion to Dismiss. Then Immergut and Nesler lamely
"responded" - on July 6 - without even mentioning the obvious crimes.

Both my Motion to Dismiss and US Attorney Immergut/Nesler's request for
extension are reproduced in a post which focuses on another obvious crime: mass
infant penis ripping and slicing crime by OBGYNs...

See An obscene HIV/AIDS hoax makes infants scream...
http://health.groups.yahoo.com/group/chiro-list/message/3592

My two document response to their lame July 6 Motion for Summary Judgement
documents were filed with the court yesterday, July 13th.

Here is a key excerpt from my response:

Defendant Todd D. Gastaldo, DC submits this Response to Plaintiff's Concise
Statement as required by L.R. 56.1(b) (quoted below) and apologizes to the court
(Magistrate Judge Dennis J. Hubel) in advance for going four pages over the 5
page limit stipulated in LR 56.1(c). The extra space is needed to: 1) discuss
the ***MASS CHILD ABUSE perpetuation by US Attorney Karin J. Immergut and her
assistant US attorneys Nesler and Evans and 2) to discuss the bizarre fact that
attorneys Immergut and Nesler ignored most of Defendant's Motion to Dismiss
including and especially Defendant's prima facie case that Plaintiff is in the
HABIT of perpetuating crime - like the mandatory radiation fraud in the
inducement of chiropractic student loans - by failing to prosecute it.

According to L.R. 56.1 (b):

(1) Opposition to a motion for summary judgment must include a separately filed
response to the separate concise statement that responds to each numbered
paragraph of the moving party’s facts by:
(A) Accepting or denying each fact contained in the moving party’s concise
statement; or
(B) Articulating opposition to the moving party’s contention or interpretation
of the undisputed material fact.
(2) After responding to the movant’s numbered paragraphs, the responding party
may then articulate other relevant material facts which are at issue or are
otherwise necessary for the Court to determine the motion for summary judgment.

Defendant ACCEPTS (without checking) each fact in each numbered paragraph in
Plaintiff's Concise Statement in Support of Plaintiff's Motion for Summary
Judgement. HOWEVER, Defendant notes that Plaintiff's Motion for Summary
Judgement, Concise Statement, and Memorandum in Support are extremely flawed and
cannot serve as the basis for summary judgment in Plaintiff's favor.

Plaintiff's counsel apparently LIED to the court, indicating in Plaintiff's
Motion for Summary Judgement that a "telephone conference" to resolve the
dispute was held after Defendant filed his Motion to Dismiss when in fact no
such "telephone conference" was held. (There was, however, an extremely brief
telephone CALL in which Plaintiff's counsel simply asked Defendant if he would
oppose a 30 day extension. Defendant did not oppose the extension and it was
granted. No "telephone conference" occurred.)

Plaintiff's counsel also apparently lied to the court when he/they assured the
court in his/their Motion for an Extension that the extension was "not a
delaying tactic." How can the extension have been anything else? Plaintiff's
counsel IGNORED most of Defendant's Motion to Dismiss - including Defendant's
evidence of Plaintiff's radiation fraud-in-the-inducement of the very loans
mentioned in numbered paragraphs in Plaintiff's Concise Statement.

Incredibly, Plaintiff's counsel used their extension time to cause Plaintiff's
Department of Education to generate 90+ pages of documents that in effect make
DEFENDANT'S point that Plaintiff is in the HABIT of failing to prosecute crime
thereby perpetuating crime.

As documented in Plaintiff's Declaration by Lynda Faatalale, a loan analyst in
Plaintiff's Department of Education,, Plaintiff failed to prosecute crime OVER
AND OVER AND OVER - 132 times over and over, over a period of *19+* years! This
prosecution to recover $9,500 plus interest is only a "last resort" (p. 5) after
Plaintiff's Department of Education sent Defendant "over 132 letters..since
March 20, 1990" (p. 10) (!).

Again, Plaintiff's counsel is IGNORING THE OBVIOUS FRAUD IN THE INDUCEMENT
thereby helping Plaintiff generate FURTHER fraudulent chiropractic student
loans.

BANKRUPTCY

Plaintiff's Declaration of Lynda Faatalale notes that on Feb. 10, 1983
Defendant filed Chapter 7 bankruptcy and Plaintiff's Department of Education
notified Defendant "that his student loans were not discharged..." (p. 9)

Under US Bankruptcy law, student loans CAN be discharged due to "an undue
hardship on the debtor and on the debtor's dependents":
11 U.S.C. 523 (OSCN 2009), SUBCHAPTER II - DEBTOR'S DUTIES AND BENEFITS...(a) A
discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title
does not discharge an individual debtor from any debt...(8)...for an educational
benefit overpayment or loan made, insured or guaranteed by a governmental unit,
or made under any program funded in whole or in part by a governmental unit or
nonprofit institution, or for an obligation to repay funds received as an
educational benefit, scholarship or stipend, unless excepting such debt from
discharge under this paragraph will impose an undue hardship on the debtor and
the debtor's dependents..."

Defendant is likely not the only chiropractic physician who - along with his
dependents - suffered "an undue hardship" and went through bankruptcy in part as
a consequence of Plaintiff's fraud in the inducement/mandatory radiation crime.
Plaintiff's counsel (Immergut and Nesler) are PERPETUATING Defendant's "undue
hardship" as they ignore most of Defendant's Motion to Dismiss.

Plaintiff's counsel should begin informing all chiropractic student loan
defaulters who went through bankruptcy, of the fact that Plaintiff-guaranteed
chiropractic student loans should have been discharged in bankruptcy because
they were fraudulent loans that caused "undue hardship."

As indicated in Defendant's Motion to Dismiss, Plaintiff United States of
America - perhaps aided and abetted by the American Medical Association -
"SABOTAGED" the chiropractic profession with obviously criminal mandatory
radiation fraud - after which Plaintiff United States of America deleted the
mandatory radiation fraud from Medicare law - but CONTINUED it for two more
years - to discourage Medicare beneficiaries from going to chiropractic
physicians! Plaintiff's counsel are facilitating the creation of new undue
hardship - even as they perpetuate old undue hardship. [NOTE TO DAVE LINDORFF
and any other interested readers: See Defendant's Motion to Dismiss for
"Quackbuster" quotes. Defendant's Motion to Dismiss is reproduced in An obscene
HIV/AIDS hoax makes infants scream...
http://health.groups.yahoo.com/group/chiro-list/message/3592]

Plaintiff should have used the extension time to stop the mass child abuse
crimes of MDs and - at the very least - RESPOND to the "nut" of Defendant's
defense - to wit - Plaintiff's obvious crime of mandating radiation (mandating
radiation of Medicare beneficiaries being reimbursed for chiropractic care) was
also fraud in the inducement of Plaintiff-guaranteed chiropractic student loans
- an indication to potential chiropractic students that chiropractic physicians
are like dentists - capable of demonstrating lesions on x-rays - even though
Plaintiff knew it was a hoax - i.e. - chiropractic physicians had protested that
they could NOT demonstrate lesions on x-rays.

Plaintiff United States of America is not only still offering this fraud in the
inducement of Plaintiff-guaranteed chiropractic student loans - Plaintiff is
still REIMBURSING chiropractic physicians for the imaginary subluxation
demonstration service - this even though - as noted in Defendant's Motion to
Dismiss - Plaintiff's Medicare statute clearly indicates that imaginary services
are not reimbursable.

Significantly, Plaintiff's counsel also ignored the fact, noted in Defendant's
Motion to Dismiss, that fraud in the inducement "gives the aggrieved party the
power to avoid the contract": According to Anzivino. Marquette Law Review.
2007:973:
"Fraud in the inducement occurs 'when a misrepresentation leads
another to enter into a transaction with a false impression of the risks,
duties, or obligations involved.'135...135. BLACK’S LAW DICTIONARY 686 (8th
ed. 2004)."

Also according to Anzivino 2007:949:

"A party’s intentional misrepresentation that induces the making of a contract
gives the aggrieved party the power to avoid the contract.176...174. RESTATEMENT
(SECOND) OF CONTRACTS § 355 (1981)...175. Id. § 355 cmtb...176. Id. § 164."

MOST significantly, as alluded to above, Plaintiff's counsel ignored
Defendant's prima facie case that Plaintiff United States of America is in the
HABIT of perpetuating the above alluded to obvious MD-inflicted, sometimes-fatal
CHILD ABUSE crimes by failing to prosecute them.
FOUR EXAMPLES OF MD-INFLICTED MASS CHILD ABUSE CRIMES PERPETUATED BY US ATTORNEY
KARIN J. IMMERGUT...
1) Plaintiff's counsel, US Attorney Karin J. Immergut, through her Assistant US
Attorney Bob Nesler, is failing to prosecute mass BABY ASPHYXIATION by OBGYNs
including mass birth-canal-closing/SPINAL MANIPULATION child abuse by OBGYNs
(see Defendant's Motion to Dismiss); 2) Plaintiff's counsel is also failing to
prosecute MDs for fraudulently promoting vaccinations using PLANNED endangerment
of VACCINATED children during disease outbreaks (again, see Defendant's Motion
to Dismiss); 3) Plaintiff's counsel is perpetuating the spectacle of Plaintiff's
CDC and MDs in effect engaging in mass denial of free daily immunizations - with
counsel's foot-dragging perpetuating this mass IMMUNOLOGIC child abuse (again,
see Defendant's Motion to Dismiss); and 4) Plaintiff's counsel is failing to
prosecute OBGYNs under the False Claims Act for fraudulently billing Plaintiff's
Medicaid program for the grisly birth-canal-closing and baby asphyxiation crimes
not to mention failing to prosecute OBGYNs for fraudulently billing for a
no-medical-indication (formerly "babies can't feel pain") mass infant penis
ripping and slicing crime - even as Plaintiff's Medicare program pays BILLIONS
per year in part to TRAIN OBGYNs to commit these obvious crimes. Again, see
Defendant's Motion to Dismiss and see especially Defendant's mention of
Plaintiff counsel's emailed rejection of Defendant's notion that Plaintiff's
counsel should first stop the MD-inflicted mass child abuse and file QUI TAM
actions under the False Claims Act before (or at least simultaneous with)
scoffing about Defendant's claim that he already paid back his $9,500 in
chiropractic student loans - via Plaintiff's Internal Revenue Service.
BACK TO **CHIROPRACTIC** CRIMES...

WHY PLAINTIFF'S DHHS IS IGNORING CHIROPRACTIC CRIMES...

In May 2009, Plaintiff's Department of Health and Human Services/DHHS Inspector
General Daniel R. Levinson reported, in effect, that many chiropractic crimes
are not being pursued because MEDICAL crimes are far more egregious (costly).
Quoting one of Plaintiff's Program Safeguard/PSC contractors, DHHS Inspector
General Levinson wrote:
"We have to prioritize our work by the most egregious crimes..."
----Daniel R. Levinson, Inspector General, Office of Inspector General,
Department of Health and Human Services/DHHS. Inappropriate Medicare Payments
for Chiropractic Services quoting "Staff from a [Medicare Program Safeguard
Contractor/PSC] responsible for program integrity in five major cities across 16
States." May 2009 OEI-07-07-00390a
http://oig.hhs.gov/oei/reports/oei-07-07-00390.pdf

Plaintiff's DHHS Inspector General Levinson's point is almost EXACTLY the point
Defendant made in his Motion to Dismiss, as in,
"Plaintiff's US Attorneys should be stopping the massive medical crimes/frauds
instead of (or at least simultaneous with) scoffing about Defendant's claim that
he repaid his chiropractic student loan as he worked to stop the massive medical
crimes/frauds."

JUDGE HUBEL: I SAY AGAIN: URGENT - mass (SOMETIMES FATAL) MD-inflicted child
abuse: US Attorney Karin J. Immergut and her assistant US attorneys Nesler and
Evans are ignoring obvious MD cover-up lies listed in Defendant's Motion to
Dismiss.
The court should DENY Plaintiff counsel's Motion for Summary Judgement and
GRANT Defendant's Motion to Dismiss, part of which moves the court to order that
US Attorney Immergut immediately STOP the sometimes fatal MD-inflicted child
abuse and initiate QUI TAM actions to save Plaintiff United States of America
money and finally allow Defendant to make some money from his so-far-unpaid
ongoing efforts to stop both the mass medical child abuse crimes as well as the
fraud in the inducement radiation fraud that caused Defendant to take out the
$9,500 chiropractic student loan in the first place.

Remember Dave: LAW ENFORCEMENT should be "cracking down" on "particularly
egregious health provider rip-offs"...

Crimes are not health care and the "nicest" health care reform begins with law
enforcement stopping obvious health care CRIMES.

Please do some investigative reporting.

Thanks.

Sincerely,

Todd

Dr. Gastaldo
Hillsboro, Oregon
USA
todd@...