I believe the IRS investigation will be focused on Nabavi contrary to what he has on his website. Thank you to Dr. Fenton for coming forward with this information.
June 27, 2010
Declaration of Drew Evan Fenton, MD, FAAEM
1. I, Drew Evan Fenton, MD, FAAEM, am a California licensed medical doctor and also a Florida licensed medical doctor in good standing.
2. I was hired, after an interview, on or about March of 2008, by Keyghobad Casey Nabavi of
24687 Cordellera Drive, Calabasas, CA 91302 (hereinafter ?Nabavi,?) to work for with him in the Stem Cell Biotherapy, Inc. offices in Agoura Hills, California, to evaluate potential patients to see if they would benefit from stem cell biotherapy, both telephonically, and in person in the offices of said company.
3. I had a written contract with Nabavi, in which I was to work 21 hours per week as an independent contractor and was to be paid $70.00 per hour.
4. I worked for ?Nabavi? from on or about the beginning of April, 2008 through on or about the end of June 2008, during which time ?Nabavi? gave me corporate checks from Stem Cell Biotherapy, Inc., with no tax or other legally required deductions.
5. Upon my termination on or about June 2008, Nabavi gave me a ?severance check? from the above-mentioned corporate account in the amount of about $2,000.00, once again, with no taxes deducted.
6. I filed an IRS Form SS -8 concerning said paid monies from ?Nabavi? to me, and the IRS Re-determination letter re-classified me as an employee, as opposed to ?Nabavi?s? intentionally illegal labeling of me as an independent contractor, which re-determination letter demanded ?Nabavi? issue me W-2?s for my work as an employee of Stem Cell Biotherapy, Inc., for which I was paid, I estimate, $22,000.00 in tax year 2008.
7. ?Nabavi? is an intelligent, astute businessman, and, when he terminated me, asked me to sign a ?Termination of Employment Agreement? in exchange for above-referenced severance check, which Termination of Employment Agreement I included with my SS - 8 request for determination of my worker status. This termination of employment with Stem Cell Biotherapy, Inc. clearly evidences ?Nabavi?s? knowledge of the difference between an employee and an independent contractor, thus making his illegal activities clearly intentional.
8. Nabavi has forwarded me no tax forms whatsoever for said employment income.
9. I went to the IRS office in downtown Los Angeles, and got a printout for all monies reported paid to me for the tax year 2008. There was no record of ?Nabavi? or Stem Cell Biotherapy, Inc. reporting any income to me to the IRS.
10. During my time working with ?Nabavi? he tried, on at least ten occasions to tell me how to treat patients and what stem cell biotherapies to recommend to them, which constitutes the attempted illegal practice of medicine by a non-medical licentiate, which I allege is a violation of California?s corporate practice of medicine statutes, as Nabavi, to my knowledge was not a licensed medical licentiate at the time.
11. I did my very best and reported my estimate of my employment income from ?Nabavi? to the IRS and California Franchise Tax Board, with my declaration of the facts, and allegations of criminal tax fraud/evasion, and criminal failure to report paid income to a worker, (namely, me!!!)
12. I and am a founder, lifetime member, former national Director-pro-tem, former elected national member of the American Academy of Emergency Medicine?s (hereinafter referred to as ?AAEM,? former elected national Secretary-Treasurer of ?AAEM,? who unseated the incumbent Secretary-Treasurer, former national Presidential candidate of the ?AAEM,? who won 38% of the vote against my MD, JD opponent who was an Emergency Department Director, and the physician for the Chicago White sox.
13. I am the Creator, First Editor, and major contributor of ?Common Sense,? the national newsletter of the American Academy of Emergency Medicine, named after the pamphlet ?Common Sense,? distributed by Thomas Paine during the American Revolution, which pamphlet encouraged the American Colonies to declare freedom from King George, and win the American Revolution!!!
14. I am a co-founder and President Pro-tem of the first ?AAEM? state chapter, which I named CAL/AAEM, said state chapter now being very successful. I remained on the CAL/AAEM Board of Directors as the Immediate Past President of CAL/AAEM, and wrote an article, ?How to start a state or other chapter of ?AAEM,? and helped create several other state chapters.
15. I am the first author of eMedicine/WEBMD?s articles on a) Acute Myocardial Infarction, Acute Coronary Syndrome, and Perirectal Abscess, as well as a few layperson medical advice articles.
16. I matriculated into law school on or about January 20009, and successfully completed Criminal Law and Tort law, and temporarily delayed my law studies during Contact Law due to the fact that I moved my private medical practice to downtown Los Angeles.
17. I am Board Certified & Board Re-Certified by the American Board of Emergency Medicine.
18. I speak fluent English, German, medical Spanish, and some French and Latin.
19. I am the father of a brilliant son who gets straight A?s and his report cards are any father?s dream.
20. I successfully completed an Internship in Internal Medicine at Letterman Army Medical Center on the Presidio of San Francisco, CA.
21. I am a veteran (voluntary,) of the United States Military, and a former Medical Commander of the U.S. Army, with an honorable discharge, after which I was in the Inactive Ready Reserves from 1985 through about 1991, remaining in said Reserves long past my required time due to my love of America and profound sense of Patriotism!!!
22. I studied at the Universitaet Augsburg, Augsburg, (then West,) Germany - Schein zum studieren in die Deutschen Universitaeten.
23. I successfully completed a Residency-training program in Emergency Medicine at LAC+USC Medical Center, Los Angeles, CA, being in a four way tie for first place on our senior year in-service exam of 18 other doctors.
24. I successfully completed Medical School at Jefferson Medical College in Philadelphia, Pennsylvania, and swore my Hippocratic Oath before former U.S. Supreme Court Justice, the Honorable Sandra Day O?Connor, in front of said historic first lady Supreme Court Justice was granted my MD degree.
25. I successfully completed college at The Pennsylvania State University, State College, Pennsylvania, and was granted a Bachelor of Science in Biology.
26. I am Scandinavian-American, Anglo-American, Native American, Being a direct descendant of Pocahontas.
I swear under penalty of perjury under the laws of the State of California that the above is true and correct.
Signed this 27th day of June, 2010 in Los Angeles, California.
Drew Evan Fenton, MD, FAAEM
Medical Director, Pacific Metropolitan Medical
316 West Second Street, Suite 112
Los Angeles, CA 90012
Email:
dfenton@aol.com