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1
UNITED STATES DISTRICT COURTEASTERN DISTRICT OF WASHINGTON
UNITED STATES OF AMERICA,
Plaintiff,
vs.
LOUIS DANIEL SMITH, also knownas Daniel Smith, also known asDaniel Votino,
Defendant.
)
))))))))))
Case No.
2:13-CR-00014-RMP-1
May 26, 2015Spokane, Washington
Jury Trial - Day 6
Pages 1 - 103
BEFORE THE HONORABLE ROSANNA MALOUF PETERSON
CHIEF UNITED STATES DISTRICT COURT JUDGEAPPEARANCES:
For the Plaintiff: Mr. Christopher E. ParisiMr. Timothy FinleyAssistant U.S. AttorneysLiberty Square Bldg, Room 6400450 Fifth Street NWWashington, DC 20530
For the Defendant: Mr. Matthew A. CampbellFederal Defenders of EasternWashington and Idaho10 North PostSuite 700Spokane, Washington 99201
Official Court Reporter: Ronelle F. Corbey, RPR, CRR, CCRUnited States District CourthouseP.O. Box 700
Spokane, Washington 99210(509) 458-5283
Proceedings reported by mechanical stenography; transcriptproduced by computer-aided transcription.
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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consider Question 1 below. If you find him "Guilty," then you
answer Question 1: We, the Jury, having found the defendant,
Louis Daniel Smith, guilty of Count 5, unanimously find beyond a
reasonable doubt that the defendant, Louis Daniel Smith, acted
(check the appropriate box): Without intent to defraud or
mislead or with intent to defraud or mislead.
Count 6: We, the Jury, unanimously find beyond a
reasonable doubt that the defendant, Louis Daniel Smith, "Not
Guilty" or "Guilty" (circle one) of the offense of fraudulentlyimporting merchandise (Sodium Chlorite) into the United States,
as charged in Count 6.
Then there's a place for the presiding juror to sign the
verdict form.
Mr. Parisi, it's ten to 10:00. Would you like to make your
closing argument?
MR. PARISI: Yes, your Honor.
THE COURT: All right. And can you just show
Mr. Campbell what exhibit you're displaying there?
MR. CAMPBELL: Thank you.
THE COURT: Okay.
MR. PARISI: May I proceed, your Honor?
THE COURT: Yes, you may.
MR. PARISI: Arrogance. That's the word that best
describes this case. This is a case about the defendant's
arrogance. He lied to get what he wanted, he thought he was
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
34
above the law, and he thought he got to decide what was safe for
everyone else. This case is about his lies, his arrogance, and
his fraud.
It's also about the defendant's obsession with making money
by selling a dangerous chemical as a cure for disease.
So what is the Miracle Mineral Supplement? According to
Jim Humble's book, it's the most powerful killer of disease that
has ever been known. But you don't have to take Jim Humble's
word for it. Take Larry Smith's. He's the defendant's father.Larry Smith wrote the "MMS for Newbies" pamphlet. He said MMS
would have a beneficial impact on diseases like HIV/AIDS,
hepatitis, typhoid, cancers, herpes, pneumonia, tuberculosis,
arthritis, asthma, seasonal flu, even bird and swine flu.
You can drink MMS. You can rub it on your skin. You can
use it in an enema.
Who can use it? Practically anybody. The very ill, the
elderly, the young, even pregnant women and babies if it's an
emergency.
There are some side effects, and the defendant's father
tells us about those. On Page 12 of his Newbies pamphlet, if
you notice diarrhea or even vomiting, that is not a bad sign.
The body is simply throwing off poisons and cleaning itself out.
Everyone says that they feel much better after the diarrhea.
You do not have to take any medicine for the diarrhea. It will
go away as fast as it came. It will not last. It is not real
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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diarrhea as the body is just cleaning out, and it is not caused
by bacteria or virus. When the poison is gone, the diarrhea is
gone. Members of the jury, that's what MMS is. It's poison.
So how did the defendant run his MMS business? Well, he
included only his closest friends and family, the people he
trusted the most. His wife, Karis Delong; his brother-in-law,
Matthew Darjany; his father, Larry Smith. His dad was one of
the key members of Project Greenlife.
And you heard about all of his other close friends,Chris Olson and the others. And what did the defendant's good
friend, Chris Olson, say about Project Greenlife and the
defendant and this MMS business? You'll remember Chris Olson
said, quote, He was the man. And, quote, he was PGL.
Chris Olson also told you, quote, MMS was PGL.
And, for a while, the MMS business was good; and you saw
the emails between the defendant and other people where he
talked about grossing $120,000 a month. And he emails between
him and his father where they discussed and planned become the
Six Million Dollar Men. But the problem with the booming MMS
business is that certain people start to notice, they become
concerned, and they start to ask questions.
So what did the defendant do when people asked him
questions about Project Greenlife? Your Honor, if we may
publish?
THE COURT: Yes.
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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MR. PARISI: We're going to look at Government's 217.
Government's 217 is the email sent to the defendant when he
registered pglwater.com back in 2008.
So what did the defendant do when people asked him
questions about his business? It's very simple. He lied. This
is the lie that the defendant sent to Norman Dodson when
Norman Dodson started asking questions. It's the same lie
that's on the bottle of every -- every bottle of MMS the
defendant shipped. "Water purification." That's the lie thedefendant told to fool the FDA.
But his lies didn't fool everyone. Let's look at
Government's 268. This is a letter that was sent by a man named
Robert Bower at OxyChem very early in 2008. He sent this letter
to Brenntag and the defendant's friend, Jeff Jacobson, sent it
to him. And Mr. Bower made it very clear that MMS was dangerous
and that it violated federal law. And, even though the
defendant was told that he was violating federal law, he did not
stop.
The defendant didn't fool Norman Dodson, the very first
witness you heard from in this trial. This is the letter
Mr. Dodson sent in December of 2008. Again, he told the
defendant that his product was dangerous and that the defendant
was violating federal law by selling it. And, despite this
crystal clear warning, the defendant still did not stop.
Later, Jim Humble forwarded an email to the defendant and
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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that email contained something called an FDA warning letter.
The beginning of 2009 the defendant got that warning letter.
That warning letter concerned another MMS distributor, and that
warning letter made it very clear that selling MMS with Jim
Humble's claims and protocols violated the law. Again, despite
receiving a clear warning that his actions violated the law, the
defendant still did not stop.
The Italian government wasn't fooled by the defendant. You
saw the email sent to the defendant where one of his customerscomplained that the Italian government had seized the
defendant's MMS. And you saw other emails between the defendant
and some of his coconspirators, like, Tammy Olson, where they
described the Canadian government having similar concerns.
Despite receiving word that other governments had a problem with
his product, the defendant still did not stop.
We fast forward to July of 2010. The FDA puts out its
first news release, and the FDA told the world about very
potential -- very serious potential harm caused by the
defendant's product. The FDA told the world it was dangerous,
and the FDA made it clear that it would pursue criminal
enforcement against those people who sold MMS. And, even though
the defendant saw this and he sent it to his friends and his
coconspirators, he still did not stop.
You heard testimony from Elizabeth Miller. She was the FDA
employee who took the stand, and she told you about a series of
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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phone conversations she had with one of the defendant's lawyers,
a woman named Nancy Lord. Those calls took place in August of
2010. And Ms. Miller told you that she made it very clear to
Nancy Lord that the defendant himself was violating the law,
that what he was doing was illegal; and you saw the emails where
the defendant told all of his coconspirators that he got that
message. Fifteen agents were on the phone. They were accusing
him of selling an unapproved new drug. He got the message, and
yet he still did not stop.In October of 2010, the FDA put out another news release,
again, telling people that the defendant's product was
dangerous. And, again, the FDA said that they would take
enforcement action against people like the defendant who didn't
stop selling MMS.
And, even though, again, he got the message, he still did
not stop.
How many times did they have to tell him that what he was
doing was dangerous, and how many times did they have to tell
him that what he was doing was illegal?
They told the defendant seven times that what he was doing
was dangerous and legal -- and illegal. Did he stop? No, he
didn't.
And, even when the FDA knocked on his door -- remember FDA
employee Jessica Clark? She literally knocked on the
defendant's front door. He still didn't stop.
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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Remember Ms. Clark's testimony when she went to
Chris Olson's place at Longfellow Road to try to find MMS, to
try to talk to the defendant? What happened? The defendant's
brother-in-law told her to take a hike, told he she wasn't
welcome to search, and that she wasn't welcome there. And she
did. She left. She took a hike, but not before she left her
business card. That's Government's 49.
Now, the defendant may not have been at Longfellow that
day; but he got message. He knew the FDA was looking for him.And you'll remember, during cross examination, Mr. Campbell
asked Jessica Clark if she was certain that this was the
business card she left that day; and she hesitated. She wasn't
certain because her business cards all look the same. So she
couldn't be certain this was the very same business card.
But we can be certain because we know this business card
was found in the defendant's house. Do you remember when
Special Agent Borden testified about the search warrants at the
defendant's house, and she told you where this business card was
located. It was in a folder with two other pieces of paper. Do
you remember what they were? One of them was the Notice of
Inspection from Mailstream, a private document that the
defendant would not have received; but he got his hands on it.
Again, he got the message the FDA was looking for him; and yet
he still didn't stop.
But it's that second piece of paper that was in the folder
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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with Jessica Clark's business card. That's the most damning of
all. That was a printout of the Food, Drug, and Cosmetic Act,
the very same statute, misbranded drugs, that the defendant is
charged with today. He knew the FDA was looking for him, and he
knew why they were looking for him; and yet he still didn't
stop.
Did Jessica Clark and Barbara Breithaupt and all the other
FDA employees -- did they deter the defendant in any way? They
didn't. All he did was draw his circle of trust closer.Mailstream was out so he needed someone new to ship. His
brother-in-law, Matthew Darjany, became the new Mailstream.
But who to manufacture? Who was going to replace American
Nutraceuticals? Where could he trust that he could build his
drug, manufacture his drug? Who could he trust?
What location did the defendant choose? He chose Chris
Olson's facility on Longfellow Road.
You're looking at the bottling room. This is where Chris
Olson manufactured the defendant's drug for him. This is the
location the defendant chose. It's in this disgusting, filthy
room where the miracle cancer cure was bottled. It was bottled
by hand by Chris Olson who told you that he used a metal pipe or
piece of wood that he found in the shop to mix it.
The defendant never registered this facility, and you can
look at the photograph and tell that. There's no chance he
could have registered this facility. And is it any surprise
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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that David Jackson, the FDA expert, found that the levels of
Sodium Chlorite in the defendant's product were so much higher
than what the label said? Were there any controls in this
facility?
This photograph is why drug manufacturers need to be
registered.
So let's look at the Sodium Chlorite tank that Chris Olson
had at his place. This is the giant tank of liquid Sodium
Chlorite that Chris Olson used to manufacture the defendant'sdrug for him. How did that tank get to Chris Olson? Well,
you'll recall he said it came on a truck; but it was the
defendant's lies that paved the way. PGL Wastewater Systems,
the biggest lie the defendant ever told. That's a company that
never existed, that had no employees, and did no wastewater
work.
That's a lie the defendant created when Norman Dodson
started asking questions when OxyChem and Brenntag shut down his
Sodium Chlorite shipments. And, unfortunately, that lie served
its purpose because our country is defended in large part by a
system that requires trust. Kathy Raymond told you that it's
impossible to look at every single package that comes over our
borders. It's impossible to do a full investigation. And the
only way the system functions is if there is trust. Trust that
the people bringing chemicals and other products into our
country tell the truth. We have to trust that they will fill
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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out the paperwork appropriately and correctly. Otherwise, the
system simply doesn't work.
And Kathy Raymond told you that the tariff codes on the
shipments of the defendant's product didn't give her enough
information. She had to do more investigation. She had to look
and determine what the end use was to decide whether this was an
FDA product, whether it needed to be flagged, and whether it
could be diverted and inspected by the FDA. Kathy Raymond had
to trust the defendant.Unfortunately, the defendant lied again and again and
again. He used his biggest lie. PGL Wastewater Systems. So
let's look at the paperwork he used to bring that Sodium
Chlorite tank into the country. Government's 108. You can see
the destination of that tank. It's Chris Olson's place, Belair
Composites on Longfellow Road; and right there, front and
center, is the defendant's name. This was his product. He
brought it into the country.
Let's look at some other pieces of paper to see if there's
any hints as to what this product was supposed to be used for.
What would Kathy Raymond see when she conducted her
investigation? Right there (indicating) "odor control."
Another lie. This product was never used for odor control. It
went into MMS, the miracle cancer cure.
And, if Kathy Raymond were to dig deeper and look for more
hints and see if the paperwork supported that, the very last
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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page says, "This product is intended for use in a chlorine
dioxide generator."
Even if Kathy Raymond did all of her homework, Googled
everything, asked around, and did all of the research, all of
the defendant's lies fit together. They ensured that product
would get over the border, get here in Spokane where he could
make his drug.
You'll remember Chris Olson had no idea what a chlorine
dioxide generator was, and he certainly didn't own one yet thisproduct was supposed to be going to him for use in something
he'd never heard of.
Norman Dodson had heard of a chlorine dioxide generator.
He told you that was a large, sophisticated piece of machinery
used in wastewater treatment; something the defendant didn't do.
It's another lie.
And it's the defendant's lies that bring us here today. He
sits here charged with a number of different crimes as the judge
just told you, and I want to talk about each of those in turn.
First, let's talk about smuggling. And you'll see on your
screen, and as the judge just instructed you, there's a number
of elements. That giant tote tank of Sodium Chlorite at Chris
Olson's facility. That's merchandise, and it's the defendant's
merchandise. His name was on the shipment, and it was his
company that bought it.
And he brought it here contrary to law. It was brought
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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here contrary to law because it was intended for use as an
ingredient in a misbranded drug, one that had no approval from
the FDA. And, as we just looked at, the defendant lied time and
time again to get that product over the border.
Now, during cross examination in the defense case,
Mr. Campbell made it clear that the paperwork was filled out by
someone named Stan Nowak; and that may be true. But, remember,
it was the defendant and Joe Lachnit who called Stan Nowak to
get more Sodium Chlorite when they were shut off by U.S.chemical supplier. And the defendant knew that Stan Nowak was
an MMS seller just like him.
As the judge just instructed you, the defendant is
responsible for the acts of his coconspirators. In essence,
when you're in crime together, you're on the hook together.
That makes sense. So, when you look at this paperwork, the lies
that were told on the paperwork to bring the defendant's Sodium
Chlorite into the country, remember that. Even though Stan
Nowak may have filled it out, he did it at the defendant's
request; and he used the defendant's lies. The defendant is
just as guilty as Stan Nowak is.
The next crime the defendant is charged with is called
Misbranding or Misbranded Drugs; and, again, there's a number of
elements.
Counts 2 through 4, as you'll see on your verdict slip,
those relate to the controlled buys the Special Agents testified
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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about. The first one was Mike Baxter. You'll remember his
testimony. And the last two were conducted by Lisa Hartsell,
another Special Agent.
Count 5? That refers to the package of 30 bottles that
Inspector France Bega used at the post office here in Spokane.
The first three controlled buys -- they went in interstate
commerce, and you know that because the postmarks show it; that
they started here in Spokane, and they were received in
California. And you also heard testimony from Allan McEachernof Mailstream and Matthew Darjany that they shipped products all
over the United States for the defendant. That's interstate
commerce.
And Count 5, that box that Inspector Bega seized from the
post office here in Spokane? It never had a chance to cross
state lines, but that doesn't matter because the defendant or
one of his conspirators put that at the post office with an
address in Montana. They intended for it to go in interstate
commerce, and they don't get a pass just because the postal
inspector seized it before it went on its way.
Next, you have to decide whether MMS was a drug; and you're
not bound by the sticky label right on the bottle. If you were,
it would be very easy for people like the defendants to get away
from the -- with their crimes. As the judge just told you, you
look at the entire picture. You look at what's on the bottle,
you look at what's shipped with the package, you look at what
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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the -- you look at what the defendant said about his product.
You get to consider all of his emails and all of the things all
of his coconspirators said.
And, when you look at that, when you look at the Newbies
pamphlet that his dad wrote and that he included in every single
shipment, that tells you what the defendant intended. This
wasn't water purification. These books and pamphlets don't say
anything about water purification. They talk about curing
disease. That's what makes MMS a drug.Don't get tripped up about the difference between a
component and a drug. As you'll remember from Government's 12,
the defendant's rebuttal letter that went with some of the
shipments, he talked about hoping that you or a judge or other
people would get tripped up and think, well, is Sodium Chlorite
a component, is it a drug, what is that? Again, our system is
built on trust. We have to trust drug manufacturers to use safe
ingredients in their product, and it's impossible to test
everything that goes out the door. But, to ensure that we can
trust people who make drugs and that we can trust the safety of
the end ingredients, the law views components and ingredients
the same as the final product. So it doesn't matter whether
Sodium Chlorite is simply an ingredient in a drug or whether it
is the drug itself. Under the law, you look at it as if it's a
drug. That makes sense. So don't get tripped up on that issue.
We know that the defendant's MMS was misbranded. It was
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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misbranded because it was manufactured in facilities that
weren't registered. His first manufacturer was American
Nutraceuticals, and Elizabeth Miller was asked whether that
facility was ever registered; and she told you, no, it was not.
And we've looked at the pictures of Chris Olson's place. He
told you it wasn't registered. And, even if he didn't tell you
that, you can tell just from looking at the photograph.
Finally, you have to decide whether the defendant acted
with the intent to defraud. The best way to decide that is tolook at his own words, his emails. And let's look at a series
of emails between the defendant and Jeff Jacobson back in
February of 2009. The defendant needs Sodium Chlorite rather
badly, and he's asking Jeff Jacobson how to do that without any
hassles. He wants this to be off the record. What does Jeff
Jacobson say in response? He encourages the defendant to create
a new company to bypass OxyChem and Brenntag's system locks, and
he encourages to put it in someone else's name.
So what does the defendant do? He asks for some
clarification. He wants to know what he needs to satisfy
OxyChem and Brenntag's requirements for a, quote, new company.
Mr. Jacobson tells him: All we need is the name of a company, a
contact, and an address. Did the defendant follow those
instructions? Did he create the new company? We know he did.
Shortly after that email, he says he'll go to work. He
tells the defendant Wastewater Systems will be placing an order
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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shortly, and he provides a website. A website that he should
have up by then. A company and a website that didn't exist.
If we look forward to see what the defendant did next, he
had to create that website, start to create that fake company.
So he bought the domain name wastewatersys.com. He sent that
email confirmation to his coconspirator, Joe Lachnit, because
Joe Lachnit was going to be the contact for the fake company.
He was going to place the order.
Next, the defendant went a step farther to ensure his liewould last. He created a fake website. He created a fake email
address. He had to make sure all of his lies fit together so
that they wouldn't get caught. He created Joe Lachnit a fake
email address, and he sent it to him to help him place the
Sodium Chlorite order.
Finally, you saw a series of emails between Joe Lachnit and
Jeff Jacobson where Joe Lachnit used that fake email and that
fake website and fake company in an attempt to buy more Sodium
Chlorite.
Members of the jury, in the course of two days between
February 23rd and February 25th, 2009, the defendant created an
entirely fake company, a fake website, and a fake email address
to support that. And he did that to buy Sodium Chlorite. There
is no clearer evidence that you will ever see that the defendant
acted with intent to defraud than his emails and website
registrations that we just looked at.
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And there is no legitimate or legal explanation for this.
The only explanation for what the defendant did in February of
2009 is that he had the intent to defraud. He intended to
deceive OxyChem, he intended to deceive the FDA, and later he
intended to deceive the U.S. Customs and Border Patrol. This is
why the defendant is guilty of Misbranding.
Finally, the defendant is charged with conspiracy. That
requires an agreement between two or more people. It's
basically a partnership in crime. There are any number ofpeople the defendant conspired with throughout this scheme. His
dad, his wife, Chris Olson, Joe Lachnit, Tammy Olson, Jim
Humble, and many others. He agreed with all of them. Some he
agreed to manufacture with. Some helped him hide his activities
from the FDA. Some helped him get the word out about what this
product was really for by writing books and promoting it. And
you saw the emails where the defendant communicated with each of
those people. You saw his agreements.
As far as defrauding the FDA and obstructing their lawful
functions, you heard from Matt Darjany. He yelled at Jessica
Clark, told her to leave the property, to stop looking around.
You heard testimony from Chris Olson about hiding product that
had been stored at Mailstream at his facility, hiding it from
the FDA. Jessica Clark told you about her efforts and how they
were frustrated by the defendant and his coconspirators. And
you heard from France Bega, the postal inspector. During the
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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search warrant at the defendant's house, he had the defendant's
wife's iPhone in his hand; and the defendant wiped it clean.
There was no way to recover any evidence from that.
Those are just several of the examples of obstruction that
you've seen in this case. And the crimes the defendant agreed
with his coconspirators to commit are the crimes we just talked
about, Misbranding and Smuggling.
To find the defendant guilty, you have to find he or one of
his coconspirators committed an overt act; and the judge justread you a list of all of them. There were eight, and I'll just
hit them briefly.
The first we've just seen. That was Government's 217.
That was the registration of pglwater.com.
There was a wire transfer to American Nutraceuticals.
That's Government 168, and that one may have slipped past you
during the trial. You'll remember Dulce Marroqui, the employee
from Bank of America who testified briefly? She introduced two
wire transfers. Government's 168 was the transfer of almost
$5,000 to American Nutraceuticals. You'll be able to look at
that. It's in evidence.
We just looked at the defendant's registration of
wastewatersys.com. That's another overt act. That's Government
81.
On March 3rd of 2009, the defendant and Joe Lachnit ordered
Sodium Chlorite from Stan Nowak.
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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Government 169 is another wire transfer that Ms. Marroqui
introduced. That's the payment.
Government 86 is the series of emails you'll recall between
the defendant, Joe Lachnit, and Stan Nowak where they placed
that order.
And the remaining overt acts? Those are the controlled
buys and the 79 packages that the defendant or one of his
coconspirators left at the post office here in Spokane.
We've proven every single overt act clearly anddefinitively; but, remember, you only have to agree on one to
find the defendant guilty.
So what does a conspiracy look like? How do you know it
when you see it?
Well, it looks an awful lot like the phone list in front of
my podium. You can see on there everybody who was anybody
involved in selling MMS, the illegal misbranded drug.
PGL International right at the top. That's the real
conspiracy. And the first name listed on the left-hand side is
Jim Humble, and first name listed on the right-hand side is the
defendant. And you'll see many of the other coconspirators that
you heard about throughout this trial listed on there with their
phone numbers. That's what a conspiracy looks like.
A conspiracy also looks like Government 214, the emails
between the defendant and his father way back in the beginning,
October of 2007, the very beginning of this entire conspiracy.
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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The defendant and his father discussed the way they're going to
get rich. They're going to become the Six Million Dollar Men.
They're going to commit the crime of Misbranded drugs, and they
have an agreement. They also agree that they're going to
obstruct the FDA. Even back in 2007, the defendant knew that
the FDA was going to be an issue.
So what does the defendant do? How do they agree to
obstruct the FDA: Dad, you write the book. I'll make the
product. That way the goons with machine guns can't stop us.That's what conspiracy looks like.
So what does a conspiracy sound like? Well, it sounds an
awful lot like the phone call between the defendant and Joe
Lachnit and Stan Nowak. We don't have a recording of that
phone, and we'll never be able to say exactly what was said.
But we've seen emails and we've heard testimony and we have a
pretty good idea. Just imagine you were listening in on that
phone call. What would you hear? You'd hear the defendant
asking Stan Nowak for Sodium Chlorite because he'd just been cut
off by Brenntag and OxyChem. Remember, that all happened right
before they called Stan Nowak. That's the reason they called
him.
Maybe you'd hear Stan Nowak express some sympathy. He was
an MMS distributor just like the defendant so he'd understand
the difficulties the defendant faced.
You'd hear those three talk about the best way to get
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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Sodium Chlorite into our country, about how to do it, how to get
it past Customs, how to get it past the FDA, and that's where
the defendant's big lie would come in, PGL Wastewater Systems.
You saw all the emails. You saw the customs forms. That name's
all over them.
That's not a company name that Stan Nowak would have known.
The company didn't exist after all. There's no way Stan Nowak
knows about PGL Wastewater Systems unless somebody tells him.
So who told Stan Nowak PGL Wastewater Systems? Who told StanNowak to put that information on the customs forms? I'll bet
it's the guy sitting behind me who lies to get what he wants.
That's what a conspiracy sounds like. If we take a step
back away from the details of the law and the evidence that
we've seen over the past week or so, you'll remember the emails
-- and we've seen a few of them just now -- where the defendant
described the hassles and hang ups of getting Sodium Chlorite,
hurdles to jump over his coconspirators talked about, getting
product into other countries.
Members of the jury, this defendant views a law that's
designed to protect our health and safety as a "hang up" and a
"hassle."
It's the defendant's arrogance that propelled him forward,
and it's his lies that helped him run his business. He knew
what he was doing was wrong, and you know that because guilty
minds do guilty things. Guilty minds don't pay taxes on
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JURY TRIAL - DAY 6 - MAY 26, 2015CLOSING ARGUMENT BY MR. PARISI
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hundreds of thousands of dollars of illegal income because they
can't. And guilty minds do things like take a vocation, as
Chris Olson called it, to the jungles of Ecuador right after
search warrants are executed here in Spokane.
The defendant tried to avoid arrest. He tried to avoid
this very day, but it didn't work because Agent Borden caught
him. She wasn't fooled by him. He didn't fool her with his
lies. Don't let him fool you. Find him guilty of all the
crimes he's charged with. Thank you.THE COURT: Ladies and gentlemen, I think it would be
appropriate to take the mid-morning break at this time. We will
resume in about 15 minutes. All rise for the jury.
(Jury out at 10:25 a.m.)
THE COURT: Court is in recess.
(Court recessed at 10:25 a.m.)
(Court reconvened at 10:40 a.m.)
THE COURT: Please be seated. Any issues before we
bring in the jury?
MR. PARISI: No, your Honor.
MR. CAMPBELL: I don't believe so.
THE COURT: All right. Ms. Curtis.
(Jury in at 10:40 a.m.)
THE COURT: All rise for the jury. Please be seated,
and now we will hear closing argument by the defense.
Mr. Campbell.