Dr. Mikovits confesses theft of WPI materials

[Guest guest]

http://phoenixrising.me/archives/6340Phoenix RisingA Chronic Fatigue Syndrome (ME/CFS) andNeuroEndocrineImmune (NEI) Conditions WebsiteResearcher Confesses: Implicates Dr.Mikovits in Theft of Materials from WPIby CORT on NOVEMBER 22, 2011Dr. Judy Mikovits has had a difficult couple of months.First the BWG study indicated the tests shedeveloped for XMRV were not valid, then evidence ofcontamination resulted in a partial retraction of theoriginal Science paper, then she was accused ofdoctoring a photo at a conference and in the originalScience paper prompting several investigation, thenshe was terminated from her job at the WPI, then shewas served with a lawsuit claiming that she had stolendata from the WPI and since last week, she’s being inthe Ventura County jail waiting arraignment as afugitive from justice because, against court orders, shecrossed the Nevada border into California. She mustbe wondering if it could get any worse. It has -but firstsome background.The latest episode began with a lawsuit filed by theWPI a month after Dr. Mikovits termination claimingthat Dr. Mikovits had taken critical notebooks andflash drives from the WPI after she was fired.According to ScienceInsider Dr Mikovits had the onlykey to the desk the notebooks were kept in. After Dr.Mikovits termination the WPI had the deskmanufacturer open the desk for them and found itempty of her and other researchers notebooks. Asource at the WPI said that it was her understandingthat Dr. Mikovits desk had been ‘emptied out’ and upto five years research data was gone. They thenserved notice of the theft to the police and a policeinvestigation began.Why are these laboratory notebooks so important?Because they serve as the document of record inscientific research and are specially manufactured andused in specific ways…..WIKIPEDIA – A lab notebook is a primary record ofresearch…..To ensure that the data cannot be easilyaltered, notebooks with permanently bound andnumbered pages are often recommended.Researchers are often encouraged to write only withunerasable pen, to sign and date each page, and tohave their notebooks inspected periodically by anotherscientist who can read and understand it. All of theseguidelines can be useful in proving exactly when adiscovery was made, in the case of a patent dispute.After several failed attempts to get the materials backthe WPI filed a lawsuit a month later to compel Dr.Mikovits to return notebooks, flash drives, informationon her laptop computer and information in her emailaccount. In a blog titled “Wings of Hope: OurResponsibility” the WPI stated that the failed efforts toget the materials back forced had forced them toengage in ‘costly litigation”. The data loss included12-20 notebooks dating back five years. The WPIstated that” the costs of legal action pale incomparison to the years of expenses incurred forresearcher salaries, equipment, and supplies togenerate this valuable work”(Dr. Mikovits contract stipulated that all intellectualproperty she produced while under the employ of theWPI was the property of the WPI.) The WPI also wona temporary restraining order stopping Dr. Mikovitsfrom “destroying, deleting or altering’ any of thematerials that may be in her position.For her part, through her attorney Dr. Mikovits statedthat she received notice of her firing on her cell phoneand then immediately left for her home in SouthernCalifornia without visiting the Institute again. Shestated she had placed her keys in unlocked drawers inher lab as was her custom so that other lab personnelwould have access to the notebooks. Her attorneystated thatDr. Mikovits was not and is not in possession of the labnotebooks or any WPI intellectual property. A numberof individuals have keys to the office and lab, includingthe administrative staff, lab staff and custodial.Instead of Dr. Mikovits returning the materials herattorney requested that her notebooks be returned toher so she can continue to work on the grants shewon while employed at the WPI. Her attorney statedthatDr. Mikovits’ notebooks, as well as those of theemployees whom she supervised, should be returnedto Dr. Mikovits so she can fulfill her responsibilities asPI on these government grants and corporatecontacts.The WPI lawsuit does not request just the return of thematerials; if found guilty it also requests that Dr.Mikovits be liable for attorneys fees, punitive damagesand other damages to be proven at trial – potentiallyleaving Dr. Mikovits with a substantial financial burdenif the WPI prevails.The Judge overseeing the case ordered Dr. Mikovits notto leave the state of Nevada until the case wasresolved. Dr. Mikovits left Nevada and was reportedlyarrested at her home in Ventura County on the 18th onfelony charges of fleeing justice. She was not allowedto post bail and is being arraigned today.Research Assistant Confesses Theft - in a legal filingpertaining to a preliminary injunction against Dr. JudyMikovits the Whittemore Institute providedevidence late last night that Dr. Mikovits engineeredthe theft of the research materials from the WPI labafter her termination.In an affidavit Max Pfost, a researcher working at theMax Pfost, admitted that he removed thedocuments/flash drives at Dr. Mikovits behest themorning after her termination. According to Pfost’saffidavit, upon hearing of her termination Dr. Mikovitscalled him and told him that the WPI would ‘go down’.She then met him in a bar and provided him with thekeys he needed to take ‘patient samples’, labnotebooks and other information.Pfost attempted to gain entry to the WPI that night butwas unable to and entered the building the nextmorning when it was unlocked. Pfost then removedbetween 12-20 heavy notebooks containingapproximately five years of research work from Dr.Mikovits, Pfost and two other researchers. Unable to fitall the notebooks into his backpack Pfost carriedothers out in his arms to his car and then to hisapartment where he hid them in a “Happy Birthday”bag. Realizing that the WPI was searching for them hethen moved them to his mothers house.Dr. Mikovits requested that he mail them to her at herhouse but Pfost protested that the size and the weightof the notebooks made them too expensive to mail.After confessing to his mother that he had stolen thenotebooks Pfost removed them from her house andreturned them to his condominium.Mikovits In Hiding – Shortly after meeting Dr. Mikovitsearly in the morning at the Reno airport Pfost handedover the notebooks and other materials to her. Dr.Mikovits informed Pfost that she was hiding out on aboat to avoid being served papers by the WPI andrequested that he inform her of the whereabouts ofWPI employees to avoid detection.Attempted Removal of Biological Materials as Well –According to the affadavit Dr. Mikovits also attemptedto have biological materials including cell lines andblood samples removed from the labs as well. At Dr.Mikovits behest Pfost attempted to recruit other WPIemployees to remove these materials from the lab andsend them to Dr. Ruscetti. According to the affidavitresearch assistant McKenzie, declined to doso.The Stolen Materials – A WPI filing asserts that theWPI uses the stolen materials on a ‘daily basis’ andcannot proceed on critical areas of research without it.WPI needs the Misappropriated Property to researcheffectively, continue ongoing experiments and studies,communicate with research subjects effectively, applyfor patents, recruit researchers, and obtain grants tohelp find a cure for those patients suffering with NID.Law Enforcement in Charge – A misunderstanding hasarisen about the WPI’s role in Dr. Mikovits arrest.When the WPI realized important documents weremissing they reported the theft of the materials to thepolice. At that point a police investigation waslaunched; based on the facts of that investigation andthe lawsuit filed by the WPI, the Judge overseeing thecase produced the initial restraining order stopping Dr.Mikovits from altering or destroying the documents orleaving the state of Nevada. Once Dr. Mikovits left thestate of Nevada she was subject to arrest. On Nov17th a warrant was issued for her arrest and she wasarrested last Friday. Dr. Mikovits fate is now in thehands of the legal system. The police will determinewhether or not to bring charges.Felony Theft - When a person steals property, themarket value of the property will dictate whether thetheft is classified a felony. Under Nevada law, if thevalue of the stolen property exceeds $250, the crime isa felony. When the value exceeds $2,500, the crimebecomes grand theft, punishable by one-to-five yearsin state prison and up to $10,000 in fines.If Dr. Mikovits has the documents she certainly hasgood reason to return them. The WPI’s lawsuit, whichwas filed over a month ago, asked for legal fees,punitive damages and other damages.Furthermore Dr. Mikovits has been charged with twofelonies; avoiding justice and stealing property from theWPI. In the state of Nevada the market value of theproduct stolen determines how a theft is classified.Thefts above $250 are considered felonies; theftsabove $2,500 are considered ‘grand theft’ and arepunishable by 1-5 years in jail and up to $10,000 infines. According to the affadivit the documents inquestion represent 5 years of work.A hearing is scheduled today in Nevada at 1pm PSTregarding the preliminary injunction which will expireafter today.~~~~~

[Guest guest]

Hm. Why was she fired? By phone?

Makes ya wonder what's in those notebooks.

To: ME Sent: Wednesday, November 23, 2011 1:01 PMSubject: Dr. Mikovits confesses theft of WPI materials

http://phoenixrising.me/archives/6340Phoenix RisingA Chronic Fatigue Syndrome (ME/CFS) andNeuroEndocrineImmune (NEI) Conditions WebsiteResearcher Confesses: Implicates Dr.Mikovits in Theft of Materials from WPIby CORT on NOVEMBER 22, 2011Dr. Judy Mikovits has had a difficult couple of months.First the BWG study indicated the tests shedeveloped for XMRV were not valid, then evidence ofcontamination resulted in a partial retraction of theoriginal Science paper, then she was accused ofdoctoring a photo at a conference and in the originalScience paper prompting several investigation, thenshe was terminated from her job at the WPI, then shewas served with a lawsuit claiming that she had stolendata from the WPI and since last week, she’s being inthe Ventura County jail waiting arraignment as afugitive from justice because, against court orders, shecrossed

the Nevada border into California. She mustbe wondering if it could get any worse. It has -but firstsome background.The latest episode began with a lawsuit filed by theWPI a month after Dr. Mikovits termination claimingthat Dr. Mikovits had taken critical notebooks andflash drives from the WPI after she was fired.According to ScienceInsider Dr Mikovits had the onlykey to the desk the notebooks were kept in. After Dr.Mikovits termination the WPI had the deskmanufacturer open the desk for them and found itempty of her and other researchers notebooks. Asource at the WPI said that it was her understandingthat Dr. Mikovits desk had been ‘emptied out’ and upto five years research data was gone. They thenserved notice of the theft to the police and a policeinvestigation began.Why are these laboratory notebooks so important?Because they serve as the document of record

inscientific research and are specially manufactured andused in specific ways…..WIKIPEDIA – A lab notebook is a primary record ofresearch…..To ensure that the data cannot be easilyaltered, notebooks with permanently bound andnumbered pages are often recommended.Researchers are often encouraged to write only withunerasable pen, to sign and date each page, and tohave their notebooks inspected periodically by anotherscientist who can read and understand it. All of theseguidelines can be useful in proving exactly when adiscovery was made, in the case of a patent dispute.After several failed attempts to get the materials backthe WPI filed a lawsuit a month later to compel Dr.Mikovits to return notebooks, flash drives, informationon her laptop computer and information in her emailaccount. In a blog titled “Wings of Hope: OurResponsibility†the WPI stated that the failed

efforts toget the materials back forced had forced them toengage in ‘costly litigationâ€. The data loss included12-20 notebooks dating back five years. The WPIstated that†the costs of legal action pale incomparison to the years of expenses incurred forresearcher salaries, equipment, and supplies togenerate this valuable workâ€(Dr. Mikovits contract stipulated that all intellectualproperty she produced while under the employ of theWPI was the property of the WPI.) The WPI also wona temporary restraining order stopping Dr. Mikovitsfrom “destroying, deleting or altering’ any of thematerials that may be in her position.For her part, through her attorney Dr. Mikovits statedthat she received notice of her firing on her cell phoneand then immediately left for her home in SouthernCalifornia without visiting the Institute again. Shestated she had placed her keys in

unlocked drawers inher lab as was her custom so that other lab personnelwould have access to the notebooks. Her attorneystated thatDr. Mikovits was not and is not in possession of the labnotebooks or any WPI intellectual property. A numberof individuals have keys to the office and lab, includingthe administrative staff, lab staff and custodial.Instead of Dr. Mikovits returning the materials herattorney requested that her notebooks be returned toher so she can continue to work on the grants shewon while employed at the WPI. Her attorney statedthatDr. Mikovits’ notebooks, as well as those of theemployees whom she supervised, should be returnedto Dr. Mikovits so she can fulfill her responsibilities asPI on these government grants and corporatecontacts.The WPI lawsuit does not request just the return of thematerials; if found guilty it also requests that

Dr.Mikovits be liable for attorneys fees, punitive damagesand other damages to be proven at trial – potentiallyleaving Dr. Mikovits with a substantial financial burdenif the WPI prevails.The Judge overseeing the case ordered Dr. Mikovits notto leave the state of Nevada until the case wasresolved. Dr. Mikovits left Nevada and was reportedlyarrested at her home in Ventura County on the 18th onfelony charges of fleeing justice. She was not allowedto post bail and is being arraigned today.Research Assistant Confesses Theft - in a legal filingpertaining to a preliminary injunction against Dr. JudyMikovits the Whittemore Institute providedevidence late last night that Dr. Mikovits engineeredthe theft of the research materials from the WPI labafter her termination.In an affidavit Max Pfost, a researcher working at theMax Pfost, admitted that he removed

thedocuments/flash drives at Dr. Mikovits behest themorning after her termination. According to Pfost’saffidavit, upon hearing of her termination Dr. Mikovitscalled him and told him that the WPI would ‘go down’.She then met him in a bar and provided him with thekeys he needed to take ‘patient samples’, labnotebooks and other information.Pfost attempted to gain entry to the WPI that night butwas unable to and entered the building the nextmorning when it was unlocked. Pfost then removedbetween 12-20 heavy notebooks containingapproximately five years of research work from Dr.Mikovits, Pfost and two other researchers. Unable to fitall the notebooks into his backpack Pfost carriedothers out in his arms to his car and then to hisapartment where he hid them in a “Happy Birthdayâ€bag. Realizing that the WPI was searching for them hethen moved them to his mothers

house.Dr. Mikovits requested that he mail them to her at herhouse but Pfost protested that the size and the weightof the notebooks made them too expensive to mail.After confessing to his mother that he had stolen thenotebooks Pfost removed them from her house andreturned them to his condominium.Mikovits In Hiding – Shortly after meeting Dr. Mikovitsearly in the morning at the Reno airport Pfost handedover the notebooks and other materials to her. Dr.Mikovits informed Pfost that she was hiding out on aboat to avoid being served papers by the WPI andrequested that he inform her of the whereabouts ofWPI employees to avoid detection.Attempted Removal of Biological Materials as Well –According to the affadavit Dr. Mikovits also attemptedto have biological materials including cell lines andblood samples removed from the labs as well. At Dr.Mikovits behest Pfost attempted

to recruit other WPIemployees to remove these materials from the lab andsend them to Dr. Ruscetti. According to the affidavitresearch assistant McKenzie, declined to doso.The Stolen Materials – A WPI filing asserts that theWPI uses the stolen materials on a ‘daily basis’ andcannot proceed on critical areas of research without it.WPI needs the Misappropriated Property to researcheffectively, continue ongoing experiments and studies,communicate with research subjects effectively, applyfor patents, recruit researchers, and obtain grants tohelp find a cure for those patients suffering with NID.Law Enforcement in Charge – A misunderstanding hasarisen about the WPI’s role in Dr. Mikovits arrest.When the WPI realized important documents weremissing they reported the theft of the materials to thepolice. At that point a police investigation waslaunched; based on

the facts of that investigation andthe lawsuit filed by the WPI, the Judge overseeing thecase produced the initial restraining order stopping Dr.Mikovits from altering or destroying the documents orleaving the state of Nevada. Once Dr. Mikovits left thestate of Nevada she was subject to arrest. On Nov17th a warrant was issued for her arrest and she wasarrested last Friday. Dr. Mikovits fate is now in thehands of the legal system. The police will determinewhether or not to bring charges.Felony Theft - When a person steals property, themarket value of the property will dictate whether thetheft is classified a felony. Under Nevada law, if thevalue of the stolen property exceeds $250, the crime isa felony. When the value exceeds $2,500, the crimebecomes grand theft, punishable by one-to-five yearsin state prison and up to $10,000 in fines.If Dr. Mikovits has the documents she

certainly hasgood reason to return them. The WPI’s lawsuit, whichwas filed over a month ago, asked for legal fees,punitive damages and other damages.Furthermore Dr. Mikovits has been charged with twofelonies; avoiding justice and stealing property from theWPI. In the state of Nevada the market value of theproduct stolen determines how a theft is classified.Thefts above $250 are considered felonies; theftsabove $2,500 are considered ‘grand theft’ and arepunishable by 1-5 years in jail and up to $10,000 infines. According to the affadivit the documents inquestion represent 5 years of work.A hearing is scheduled today in Nevada at 1pm PSTregarding the preliminary injunction which will expireafter today.~~~~~