POST-TRAIL PERSONSAL TESTIMONY REGARDING the POLITICAL IMPRISONMENT and CRIMINAL PERSECUTION of RIFE THERAPY MACHINE MANUFACTURER, BELOVED HUMANITARIAN, and HEALTH FREEDOM ADVOCATE JIM FOLSOM by the FDA and FEDERAL ATTORNEYS GENERAL
I have known Jim Folsom for about 10 years now and he asked me to come and testify in court. I brought all of the old Rife equipment that I have in my collection. I also took photos and newspaper articles with me that had certified stamps of authenticity. We could have very easily proven that this equipment predated the FDA. But they would not allow it in court. Even if we could have proven the technology predated the FDA it would not have helped very much because of all the medical claims that were made about the equipment.
I had talked with some of the people who were called in to testify at the grand jury investigation. It was evident then that they were focusing on medical claims.
Jim Clark, the man who holds the patent on the Bio-meridian was able to testify in court. I spent the evening with him and Jim Folsom. I explained the history of the equipment and he was able to get some of this information in his testimony. Both Jim Folsom and Jim Clark were pleased with what they were able to do but I was concerned because Jim Clark was only on the witness stand for 10 minutes and 5 minutes was taken up in objections and sidebar discussions with the attorneys and judge. All Jim Clark was really able to say was that Rife technology has been in use since the early 1900's. This was all the jury was able to hear on Rife technology predating the FDA's 1976 date.
The prosecution had almost 50 witnesses, all hostile to being called in to testify against Jim. The sad thing is Jim's attorneys only called two witnesses to the stand in his defense. It was unbelievable that this was all the witnesses Jim's attorneys brought to his defense. These attorneys were paid almost $300,000 to defend Jim and that was the best that they could do? Another sad thing is the fact that Jim was offered a plea bargain before this ever went to trial. It was a misdemeanor charge with a $250 fine and a one year unsupervised probation. But Jim felt that he wanted to fight them. I spoke to him about my concerns that he might lose just like John Crane and John Marsh did. Rife lost everything even though he won the 1939 Beam Ray Trial.
What is really terrible is the fact that Jim did not really let his wife (who is from Thailand) know what could happen to him if he lost. She was completely blindsided by what happened. She called me not knowing what really had happened to Jim. I had to explain the very bad news to her and the fact that Jim will be going to prison maybe for 10 to 15 years. She was devastated at the fact that Jim may be in prison for the rest of his life. He is 68 now and if he gets 10 or 15 years he may never live to get out. I think that this is the worst of all that has happened to Jim.
The defense was able to educate the Judge enough that he allowed the jury to determine the classification of Jims Rife type device. The defense felt that allowing the jury to classify the device was an important win and would make it possible to cover more of Rife's history in the closing arguments. I wondered if this was a good idea because if it went badly the FDA would be able to classify all Rife type instruments as class III medical devices. I suspect that this is what the jury decided because if they had classified it as a class one device they would not have convicted Jim.
Jim Folsom's trial may have a major impact on those who sell Rife type equipment. All Rife type manufacturers should take notice from what has taken place in this trial. This trial was not about Rife's instruments predating the FDA. They stopped that information from ever getting into the trial. This trial was all about making medical claims about Rife type equipment. Almost all Rife type manufacturers really do not know what constitutes a medical claim and have no idea that they actually have made medical claims on their sites. They will say things about Rife and then disclaim them, believing that their disclaimer will cover what they have written. The FDA has shown that they will use anything against a person. The web sites that sold Jim's instruments all had medical claims on them and they used this against Jim.
Even emails that he wrote to people were used. Now I would not have believed that any of these emails were medical claims but they said they were. One of these emails suggested that the person should look at the environment of their body and detoxify it. The prosecution said that this was a medical claim and they got the judge to agree with them. They apparently will try to prosecute anyone for any suggestion related to any health issue.
Another thing they used against Jim was the fact that he included his frequency manual in the box when he shipped the instrument. They specifically asked all the witnesses that had purchased equipment if the frequency manual was included in the box with the machine. They almost all said yes even though they didn't want to give this testimony. We separated our frequency list from our instrument several years ago because I had a customer warn me about doing this. He owns an herb company and the FDA took him to court for including information about different ailments with his herbs. He lost the court case and it cost him over $250,000 in attorney fees. I had warned Jim about this potential problem at the time I learned about it but he did nothing. This came back to haunt him in the trial.
All Rife manufacturers should not ship any frequency list with their equipment. They should get some other company to supply this information. Even shipping the frequency list in a separate package from your company does not protect you fully. It has to be a company that is completely separate from the sale of the instrument. The prosecution said that the frequency list was nothing but medical claims because it has the names of various conditions for different ailments or diseases.
The prosecution also used the label that Jim had on the back of his instrument against him. The label had "for experimental use" among other things on it. They said that because it had "for experimental use" it led people to believe that his instrument was undergoing FDA approval. Jim put this label on the instrument because of advice from others who said it would help protect him. It is apparent that this was a bad idea. John Crane tried to use this type of label and things when badly for him also.
Jim also had a Rife DVD video documentary he included inside the box along with his frequency list. They also used this video against him and said it was medical claims. Even though this documentary only had the history of Rife's life they asserted that Rife's life story when associated with an instrument makes that instrument a medical device. This may in the future make it so we cannot even mention the name of Rife in connection with our instruments. I hope this will not be the case.
From this trial it appears that the FDA at this time considers any device called a Rife Machine, a medical device. This trial was not a state trial; it was a federal trial and had the full support of the FDA. It sets a legal precedence that may have far reaching effects. They asserted their right to control Rife Technology through their total focus on the medical claims made. I would not doubt that over the next year that many web sites are going to get warning letters.
Manufacturers of Rife devices should be fully aware of what may be coming and make necessary changes before this may happen. I know that we will be looking at all of our information and making sure there are no possible claims anywhere.
Jim Clark, who testified in court, pointed out that it is the USE and FUNCTION of an instrument that determines what is and is not a medical device. Manufacturers should be aware of these facts. Jim Clark has had almost thirty years experience working with the FDA in getting equipment approved. According to what was said in this trial the FDA considers a frequency generator that is labeled as a Rife type machine a medical device. Even if it is not labeled a Rife machine it still can be considered a medical device if it's USE and FUNCTION are defined in any medical way. The definition of the instrument is what is important.
In looking back it appears that none of us, including Jim Folsom, had any idea what was really going on in his trial. He had no chance of ever winning it. The FDA was going to make an example of him no matter what because he did not take their first offer. They proved this by fully controlling everything that could be brought in as evidence. They allowed no discussion of the efficacy of the instrument in any way or if the customers were satisfied with their instruments. Jim Folsom mentioned to me that the prosecution had spent over a million dollars on his case. I hope that his sentence is a light one and he can get out as soon as possible.
This is truly a sad day.
Anonymous Defense Witness in JimÕs Trial