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Bachynsky case has roots in cancer drug
Wednesday, May 12, 2004 9:17 AM CDT

By LISA BOSE McDERMOTT
Texarkana Gazette

The same homemade drug that Dr. Nicholas Bachynsky is accused of using on local patients is what has landed him in trouble with the federal government in Miami.

DNP is the drug he allegedly used on cancer and AIDS patients at New Boston General Hospital along with Dr. James Naples, his nurse, Linda Velvin, and the late Dr. Joseph Greenspan.

Bachynsky is charged with 40 federal felony counts, including conspiracy, securities fraud, mail and wire fraud, related to a company called Helvetica from January 2001 to October 2002, according to the indictment filed in the Southern District Court of Florida in Miami.

"Bachynsky represented himself as Helvetica's medical director and was an undisclosed principal of Helvetica. Among other things, Nicholas Bachynsky directly and indirectly solicited investors to purchase Helvetica's securities and 'treated' Helvetica patients," according to the federal indictment filed on April 22.

Bachynsky was arrested on May 5.

In his May 6 ruling, U.S. Magistrate Judge William C. Turnoff ordered Bachynsky held without bail citing the following:

Defendant is charged in connection with a mail fraud indictment involving a non-approved, and possibly life-threatening, cancer cure.

Defendant has a prior related criminal conviction.

Defendant has a history of extensive foreign travel.

Upon conviction, defendant faces a substantial period of incarceration.

Defendant faces related charges in Italy.

Defendant has insufficient ties to the community.

According to the indictment, Bachynsky and three others sold stock in Helvetica.

By October 2002, they had raised more than $3.5 million from at least 50 investors across the country. None were from East Texas.

"During investor solicitations, the defendants represented, or caused others to represent, to investors that Helvetica was raising investor monies to operate a cancer treatment clinic in Switzerland, utilizing a novel drug to treat individuals inflicted with various types of cancer ... the defendants, directly and indirectly, led investors to believe that they had the opportunity to invest "on the ground floor" of Helvetica."

Investors bought the stock at $1 per share with promises that investors would make returns of 400-600 percent when the stock rose to $5 and $6 once the company's stock offering "went public."

The company's business plan focused on Intracellular Hyperthermia (IHT) for the treatment of cancer. They also allegedly touted the drug as a treatment for AIDS.

When the Texas Board of Medical Examiners moved to cancel Bachynsky's medical license on Jan. 31, 1987, its order included, "2-4 Dinitrophenol (DNP) is a chemical compound with no proven therapeutic value and usually has a number of harmful and dangerous side effects upon persons who take it."

Federal prosecutors in Miami believe that Bachynsky and his alleged conspirators used the millions raised to buy cars and homes and pay credit card bills that had purchases of airfare, lodging, restaurants, clothes and retail store purchases.

In 1989 Bachynsky was sentenced to 13 years in federal prison from the Southern District of Texas in Houston as part of a smoking cessation/diet clinic scam using the drug DNP that netted him as much as $37 million, according to court records.

"Bachynsky and his associates also billed the insurance carriers for tests that were never performed. Because most of the medical insurance did not cover weight loss or smoking cessation programs, false diagnoses were submitted to qualify for insurance payments," according to court records.

According to the 5th U.S. Circuit Court of Appeals in a ruling on Sept. 11, 1991, "To say that Bachynsky has a penchant for fraud is a prize-winning understatement."

Bachynsky, recalled the federal appeals court, not only had his diet clinics, but also would have his home or various businesses robbed only to file inflated claims from his insurance company.

"And whenever one of Bachynsky's corporations-he controlled several-neared the end of the fiscal year, he would shunt money from that corporation to one of his others in order to shelter, illegally, earnings from taxation," according to the 5th Circuit.

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Those who believe in the goodness of people and who are the most trusting are vulnerable.

We need to be a bit more cautious in the world today. Just cautious.

Desperation.

He was a smoth operator, took your money, as well as the insurance companies, and smiled in your face.

Was he onto an IDEA that might work in another venue, with another chemical?

Possibly.

NOTE: I am NOT comparing, nor have I ever compared Bachynsky to Marshall.

I am comparing EGOS...and deceptively stating an affiliation to a non-existant research INSTITUTION...just like Bachynsky did with his Helvetica Pharmaceuticals.

Autoimmunological Research Institute...is purposely deceptive...a made up name designed to give credibility where there is none.

An affiliation with a bigus drug company
(Bachynsky) and a fake Institution are equally fraudulent in intent.

We are desperate. We WANT to believe in
treatments that we are told will "CURE" us, yet we don't listen to our common sense talking.

Bachynsky was out to make money #1.

He KNEW the dangers of DNP...and still insisted that HE, and ONLY he had the answers.

The difference between taking ABX is that 6 out of perhaps 100...more than likely less than 100, people do not die taking abx.

As far as Benicar...interesting...I spoke to the head pharmacist and he did not indicate ANY communication with Marshall, and he EMPHATICALLY stated that NO studies have been done on the safety of the drug at high doses. The studies were only done to show that BLOOD PRESSURE did not drop much lower ar high doses. He also stated that KIDNEY damage could be a factor at HIGH doses, and contrary to someone's post, Kidney problems should be considered. Upon a conversation with Sankyo, my doctor, a LLMD of the first caliber, told me to STOP taking the drug.

OH YES...he say Marshall in 1999, as did Dr. B. Dr. H., and many other northeastern Lyme specialists...they ALL checked out the protocol and did NOT like what they saw.

All of these MEDICAL DOCTORS do think out of the box, and they are very receptive to protocols that have some clinical/lab research to back them up.

Here, with Benicar, we have nothing of the sort...just internet surfing/"research."

I have only responded to false and misleading statements such as "Benicar does not damage the kidneys," and "There are no safety issues with Benicar at high doses."

Well, the people who made the drug may disagree with these statements...but, of course, an internet researcher knows better...how silly of me.

This is not melodrama...melodrama is stating that someone has discovered "CURE," or that they know better than REAL IMMUNOLOGICAL RESEARCHERS or IMMUNOLOGISTS. BULL.

My posts are made from seeing this all before.

Marshall is NOT Bachynsky...however...stating he is affiliated with a non-existant institution is dishonest...and putting his name on a collection of other's papers and taking credit for his "New" ideas is NOT the proper way to get his point over.

I am not, and never did, question the INTENTIONS of anyone...especially anyone who is sick, with Lyme or not. I simply make the point that Lyme is a diagnostic diagnosis, and I don't know of ANYONE who really has Lyme and has never tested POSITIVE through BOWEN LABS. or IGeneX Labs.

Perhaps these people should be going to a REAL LLMD...preferably an ILADS member. These tests do NOT cost $1000!!! WHere doid this number come from???

A Western Blot at Igenex costs $168.

Bowen's test may be a bit more, but it is worth the money for another supportive bit of evidence.

There has been way too much reporting of unsubstantiated "Facts" here. Please stopbelieving everything you see on this board...the Doctor is NOT in.

As for my post about Marnie...she was "questioned" as to her warning about aspirin and Benicar. She was right...I was supporting her.

Any problems with that, I really don't care.

False hopes are NOT better than reality.

The letdown can be devestating.

24...I am open enough to have gotten tested for GH defecit true? Did I slam Dr. Springer, even though she is making way too much money for her "Unique" approach, which (after going to one of the best Endocrinologists in New York,) I find out is
not unique at all...in fact my Doctor is doing research on HgH with EliLilly Pharma.

I AM open to new ideas...I will try them if they are not dangerous...but after learning the truth about the "players" here, I tthink I should have waited before I lept.

I still think hyperthermia is a really interesting idea and hope other pharmas are doing some research.

Funny...Marshall in an email to someone else, stated that the FDA certified Benicar safe at doses up to 160 mg. Fact???

A downright falshood...backed up by my discussion with Dominic, who is a Pharmacist for Sankyo.

The product was NOT tested for SAFETY...the difference is important...ABOVE the dosage for hypertension.

Another falsehood: Benicar acts differently than other Ace inhinitors and it is not harmfull to the kidneys.

WRONG again...ask Dominic if you don't believe me...this product can act EXACTLY like other ACE Inhibitors...it CAN harm people with Kidney or heart problems.

Many people walk around with UNDIAGNOSED ailments...they have been in the news...some famous...some not...when they suddenly drop dead from a undiagnosed problem.

Fact or fiction?

Marshall has ABSOLUTELY NO STUDIES...CLINICAL STUDIES to back up his ideas.

Marshall:

You really don't want to hear my thoughts. Having spent much of the last
three years refining a succesful therapy for sarcoid aches and pains, I do not
take kindly to any Doctor who thinks he/she knows better than I do on these
issues.

The FAQ has links to FDA safety data and prescribing data showing that 160mg
is safe and that the "dose must be individualized" for the patient. Sarc
patients are not the same as your average joe off the street. Doc needs to
understand that.

Those of us who are taking 40mg at 4, 6 or 8 hour intervals are finding
Benicar a wonderful help. Time will tell whether it is also protecting our kidneys,
livers and hearts, as the early studies on Diabetes patients would predict.

WHAT STUDIES ON DIABETES??? Benicar has already been shown, by the company's own research, to possibly be HARMFUL to the kidneys...pity the diabetic.

Do you see the massive, out-of-control ego here??? "I do not take kindly to any doctor..." WHo the hell does he think he is??? WHAT CLINICAL RESEARCH, WHAT STUDIES has he done???

No to mention, as a PHD he can't study humans without MD's present.

FACTS????

Show me where I have erred...and if I have, I assure you MY ego will not prevent me from apologising.

Slamming who??? Marshall? Too bad...read my reprint of part of an amail he sent.

He has NOT done CLINICAL research with Lyme Doctors...if he did...ALL THIS WOULD BE MOOT!!!

Show me the PROOF??? There is NONE.

Many statements are being throuw around as to the safety od Benicar, etc. Oh really? I TALKED DIRECTLY to the pharmacist at Sankyo and he stated that these were unproven statements...the drug was tested for safety ONLY up to 40 mg.per day.

YES...people were given higher doses, but this was NOT a study to verify safety...just the levels of the drug present in the blood...and it was a one-shot deal.

Recommending dosage, quoting non-existant clinical evidence by someone who has no clinic, etc., is MELODRAMATIC...not debunking the falsehoods.

Remember...I gave this a shot...UNTIL I LOOKED DEEPER, and STOPPED RELYING ON THE FOXES WHO ARE GUARDING THE HENS.

I am NOT saying Benicar is more dangerous than other ACE inhibitors...I am showing that it is POTENTIALLY EQUALLY DANGEROUS...NOT, as someone stated, safe and will not harm the kidneys.

That is all I am trying to show everyone...stop believing everything you hear...look for PROOF!!!!

Mike...you saw CLINICAL PROOF for HgH. By real research institutions.

Do you see the same proof here?

Melodramatic???? How about people gushing as if they have found the fountain of youth??

How about Marshall saying he knows more thab anybody on the subject...and he doesn't take kindly to doctors that think they know more than him....

Shades of THE BACHYNSKY EGO.

SUE ME???? GO ahead...I would love to see the proof I did wrong, or intended anything other than to inform my LYMIE FRIENDS OF THE TRUTH...the kind that can be prooven and verified.

BOTTOM LINE??? NO CLINICAL STUDIES, Like some of our good LLMD's are doing...no proof=BLIND FAITH...been there, done that, hope to help others NOT to make the same mistakes.

If you want to be a guinea pig...you that is EXACTLY what people in a protocol that has no prior CLINICAL studies...go ahead.

Believe what you want, and who you want.

I have NEVER ststed Scott was not a good person. I have never stated Marshall was not a good person.

I have stated we are getting an unproven, unstudied (clinical, double blind) protocol jammed down out throats, and that many of us are so sick we might do something that may hurt. Don't forget...Benicar has NOT...NOT been tested for SAFETY at high levels. It has only been tested for BLOOD LEVELS at high dosage, one shot deal, not long term usage...BIG DIFFERENCE...as the Pharmacist said to me.

By the way...who is the person Marshall is supposedly working with at Sankyo?

My contact knows of no such communication.

I must be melodramatic. Hmmmm, NO, all the drama started in free2reckon's ORIGINAL post...with the famous "CURE" word.

Just the FACTS...show me differently...if I am wrong, I will admit it.

JRW

My friend..you have turned a corner here.

I am sorry...but, this is not teh JRW I have come to know and love.

I don't believe there is a ggod thing to come out of even mentioning Dr B and Trevor in the same stream. Two completely different situations.

By the way, I am a card carrying member of an Organization that was 'made up", has a a web-site, and we try daily to reach out to others who need answers....we are called the
Iowa Lyme Disease Association.

Oh, by the way...I invest also..when I can, I will once again start in the future...but, I bought and sold the stock of many companies that I had business ties to....only because I trusted their business concept..not because I had I insider info. And, believe it or not..I have NEVER lost money on the Market...not a guru...just careful.

I believe at this pouint I would buy stock in this new protocol....and, the company that makes Benicar....

I just don't get this onslaught...It is discouraging to see you rant and rave.

Trout

PS...I still think that the many that were cured of Lyme in Italy knew the man they were dealing with. And that ICHT is something to be investigated.

Here's where I think the problem lies. Trouscout - no offense to you, but I think the people who were "cured" of Lyme in Italy THOUGHT they knew the man they were dealing with. The whole article about Bachynsky's arrest and his indictment says it all.

It's totally NOT the ICHT that needs investigating, but Bachynsky himself!!!

Bachynsky is, and has been for years, the consummate con-man. The therapy is not the argument here. It's the MAN. If he hadn't gone the degenerate route he may have been onto something. However, he chose the lower road, not the higher one.

And rather than give back to society, after all his ne'er-do-well shenanigans, he chose to fleece the public in yet another SCAM. This new scam instigated to fluff the pocketbooks of Bachynsky, Anders, Dean & Scheinert, according to the indictment. Purely a matter of public record.I didn't say it -- the government did!

I know with a record of ONE post, I will certainly be deleted within minutes of posting this. I have been warned Lymenet has a track record for this. However, those of you who do see this should surely see..... Bachynsky, not his therapy, is the fraud.

Sadly, for all you ICHTers, who underwent his therapy, at $20,000 or thereabouts a treatment, you must surely be wincing at this indictment.

Did you contribute to his new vehicle(s)? To his and his girlfriend's vacation? Did you help make a house payment on his nearly half million dollar mortgage?

He remains in jail. His arraignment is Friday in Miami for all of you who would like to go to speak up for him....but I really think it's too late.

Italy has evidently notified Pre-Trial Services of their intent to extradict him; he has zero ties to the Broward/Dade County community; he obviously travels abroad frequently; he certainly has more than one reason to flee.......Plus now it seems Italy wants him for Voluntary Manslaughter in the deaths of 4 patients.

"Doctor Death" is what they call him in the Italian newspapers. If you don't believe me, do a search on google under his name. It's all there. I am not making anything up.

I stated that they knew who he was...and they still had the treatment, and it worked.

I believe that he may have been on to something. And, yes...he did some bad things..but, lets NOT denegrate the possibilities that were opened because of HIM.

Hell...he broke the law...send him to jail.

What's up with you darn people around here?

Kiss my ars. (And, relax...stop reading into more than what I am SAYING...not IMPLYING>)

Trout

You know it is just not worth it. As someone in another thread said, I am an adult and can make up my own mind.

Scott and Penny are leading the charge and there is no stopping them. I talked to one of my doctors yesterday, he told me how much of an ego Marshall really has. Lets just hope no one gets seriously harmed.

I was a victim of off-label use and nearly died from it. The doctor that prescribed the drug was working with guys like Marshall and Scott. We could talk till we are blue in the face it just wont matter.

Semper

My whole position from the start of the Benicar thread was to make sure that people were made aware of the facts. I am not jealous or here for glory. I could care a less. My goal is to get better, change the political environment and help those that need help.

You mentioned that 200 people have been using Marshall's protocol. Statistically speaking 200 people is insignificant. If you look on here alone, all the people that report that they are using the protocol, are in fact just picking and choosing what to use. This includes Scott.

A true study would have very rigid guidelines and select people that represent a range so as to insure the study has significant results.

As far as ICHT goes, how many went through that protocol. My understanding is that it was not many. One death is significant.

The reality is that it does not matter if you state your concerns in a positive or negative light here. Any concern positive or negative has been catagorized as mean spirited.