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PO Box 12548
Austin, TX 78711-2548




I Michael (Mihail) Kapoustin, Canadian citizen, with passport No BC 015271, issued Aug. 8th,
1995 in Amman, Jordan and a resident of the United States of America at 333 Tonti Street, South
Bend, Indiana, 46617 and having had a place of business at Austin, Texas during the period in

A. Allegations

1. I allege the following violations of law upon my personal knowledge as to myself and my
acts and as to all others upon best information and belief based upon, inter alia, the
investigation made by me and attorneys to me, such acts including a review of court records
and filings in various jurisdiction, published reports and news articles;

2. That the violations of law alleged herein were committed during the years of 1995, 1996 and
1997 with criminal intent, aforethought and malice against citizens of the United States of
America. The acts alleged form a part of a larger factual matrix establishing that officials,
agencies and instrumentalities of the Republic of Bulgaria had contrived and did implement a
scheme to cause injury, suffering and death as a part of a regular and broader pattern of
discrimination and a more onerous political agenda;

3. The acts, as alleged by me, to my best information and upon the evidence available to me,
have violated the civil liberties and rights of HIV/AIDS positive citizens of the United States
and are the direct or indirect cause leading to the suffering, pain, injury and death of the 145
residents of Austin, Texas as known to me and whose names and last known addresses are
attached hereto and marked as Exhibit “A” being made a part hereof;

4. That the “accidental”, “negligent” or “purposeful” infection of 393 Libyan children with HIV
by Bulgarian medical workers in Benghazi, Libya, forms a part of the factual matrix of the
discrimination and agenda of the Republic of Bulgaria as alleged;

5. That upon the available subjective and objective facts, circumstances and events, the merits
of which are the substantive cause of this complaint, I do verily believe, upon said same and
in good conscience, that it can be proven, that officials, agencies and instrumentalities of the
Republic of Bulgaria acted in concert and with scienter to inflict upon HIV/AIDS positive
citizens of the United States of America the alleged herein suffering, pain, injury and death
and did so on account of the nationality and sexual association of the victims named herein
and as a part of a larger and poorly conceived scheme contrived by agencies and
instrumentalities of the Government of the Republic of Bulgaria to attempt to develop,
control and use as a political and social weapon and for financial gain, the virus that causes

6. That I have been unlawfully placed by the Republic of Bulgaria under remand at the Central
Prison, Sofia, Bulgaria for four years and six months to, in part, prevent my discovery and
disclosure of the facts and violations of law I have alleged herein to be crimes effected
against citizens of the United States of America and to discredit me and insure my silence
whilst obstructing any action against those officials responsible and in political power during
the incriminated period.

Any delay in the bringing of this complaint and the disclosures of the alleged violations
herein is a direct consequence of such obstruction by those responsible and threats to my life
and well being as well as that of my family in the United States and Canada.

B. Jurisdiction

7. I assert the acts alleged are violations of federal criminal code of the United States of
America and the criminal code of the State of Texas. The violations of law as alleged are not
only criminally prosecutable but civilly actionable by the Attorney General against the
Republic of Bulgaria under the Foreign Sovereign Immunities Act of 1976, Pub. L. 94-583,
90 Stat. 2891, 28 U.S.C. Sec. 1330, 1332 (a), 1391 (f) and 1601 – 1611 and can be brought
under the instance according to 28 U.S.C. 1605 (a) (5) or 1605 (a) (7) with a possible second
cause of action under 28 U.S.C. 1605 (a) (2) and 1605 (a) (3) (see below para 11).

8. I assert that the liability for the acts I have alleged falls squarely upon the Republic of
Bulgaria and I cite the majority decision of the European Court of Human Rights: Ireland v.
the United Kingdom, Case 5310/71, Judgement 18 January, 1978, Series A, No 25, p. 57
para 159:

“ It is inconceivable that the higher authorities of a state should be or at

least should be entitled to be, unaware of the existence of such a
practice. Furthermore, under the Convention those authorities are
strictly liable for the conduct of their subordinates; they are under a duty
to impose their will on subordinates and cannot shelter behind their
inability to ensure that it is respected.”
C. Facts

9. I am co-author of a biological immunotherapeutic substance for the treatment of AIDS and

cancer patented by me and Dr. Bogdan Nikolov Petrounov, Dr. Plamen Hristov Nenkov, Dr.
Rahamin Daniel Shekerjyiski and Dr. Jordan Lyubenov Tzvetanov as “Factor – R” on
October 10th, 1993 under the laws of the Republic of Bulgaria.

10. That clinical results of two years yielded objective and subjective results of improved health
and immunological parameters in 75% of the HIV/AIDS patients under treatment in Austin,
Texas, Canada, the Republic of Bulgaria and elsewhere from 1993 up to late 1995. Peer
review of these results by the National Institute of Health, Bethesda, Maryland, USA, on or
about July 1995, provided observable improved health and quality of life in those treated.
Issues of viral load and active agents within the compound “Factor – R” were to be a part of
later clinical considerations required to obtain conclusive results.

11. That I and principles of LifeChoice Inc., a United States corporation registered in the State of
Utah, did order and pay, in full, for the production of an additional 5,000 units (one unit = 60
tablets) of Factor – R from the manufacturing facilities of the National Centre for Infectious
Diseases of Sofia, Bulgaria, an instrumentality of the Republic of Bulgaria.

12. The aforesaid units of medicine were fully paid for and were designated in whole as the
property of those HIV/AIDS patients listed in Exhibit A, being United States citizens.

13. The Unites States residents participating in and receiving treatment were out patients in
clinical trials supervised by the National Centre of Infectious Diseases, 26, Yanko Sakazov
St., 1504 Sofia, Bulgaria as approved by the Ministry of Health, Republic of Bulgaria and as
financed and underwritten by myself and other residents and citizens of the United States.

14. On or about March of 1995 the newly appointed Minister of Health Mimmi Vitkova ordered,
without legal cause or occasion, that all contracts, co-operation and contacts with the
Affidant, the HIV/AIDS patients in the United States and companies or associations related
to them be terminated.

15. A part of the contracts so terminated and assets so seized by the agencies and
instrumentalities of the Republic of Bulgaria included, significantly, the ending of production
and delivery of Factor – R for citizens and companies of the United States. On or about
August or September of 1995 all inventories of Factor – R and AZT owned by and destined
for HIV/AIDS patients in the United States were unlawfully withheld or later seized against
the rules of international law by agencies and instrumentalities of the Republic of Bulgaria.

16. The Affidant and licensed United States Corporation, LifeChoice Inc., were unable to
continue delivery of the treatment(s) the victims as cited herein relied upon and from which
others of the same class might have benefited.

17. Prior to the exhaustion of existing inventories of “Factor – R” in possession I and others
close to me pleaded the release of this unlawfully seized property on account of the known

dependence of HIV/AIDS patients in the United States in using “Factor – R” to maintain the
observed benefits of reduced frequency and severity of AIDS related infections.

18. It was known or should have been known to agencies and instrumentalities of the Republic of
Bulgaria that their action did deny property to its rightful owner and the medical care upon
which that owner did depend. The Republic of Bulgaria knew or should have known that the
consequences of these acts by its agencies and instrumentalities would inflict needless pain
and early death upon citizens of the United States and others.

19. On all occasions the Republic of Bulgaria ignored or refused all pleas on humanitarian and
lawful grounds and I do verily believe upon my best information that such occasions
evidence an intent and purpose to inflict the injuries alleged herein.

20. The Republic of Bulgaria refuses to act due to the immunity of those responsible.

The aforesaid is sworn and attested to under penalty of perjury according to the laws of the
United States of America.

December 11th, 2000 _____________________________

Michael Kapoustin
13 division
Sofia Central Prison
21, "Stoletov" St.
1309, Sofia, Bulgaria