Category: Legal Threats

Embezzlement, 15 retractions, and a whistleblower could add up to trouble for Duke

scienceRetraction Watch readers may recall the case of Erin Potts-Kant, who pled guilty to embezzling funds from a lab, and now has 15 retractions, and Michael Foster, both formerly of Duke. You may also remember that we’ve featured discussions of the False Claims Act, which some attorneys are trying to use to expose wrongdoing — and earn large settlements for whistleblowers in the process.

It turns out those two threads are intertwined, as we learned only last month when a federal court case against Potts-Kant, Foster, and Duke was unsealed last month. (False Claims Act cases are frequently sealed when initially filed, with big penalties for anyone — including the attorneys — who talk about them, which is why we didn’t know of this link before.) In today’s Science, as part of our new partnership, we tell the story in a lot more detail, and describe the potential ramifications for Duke and other universities.

The whistleblower in the Duke case is named Continue reading Embezzlement, 15 retractions, and a whistleblower could add up to trouble for Duke

U.S. government agency sues publisher, charging it with deceiving researchers

2000px-US-FederalTradeCommission-Seal.svgThe U.S. Federal Trade Commission has charged a publisher of hundreds of academic journals with deceiving readers about reviewing practices, publication fees, and the nature of its editorial boards.

Here’s more from a news release about the suit: Continue reading U.S. government agency sues publisher, charging it with deceiving researchers

Nutrition researcher Chandra, who lost libel suit, charged with health care fraud

R K Chandra
R K Chandra

A nutrition researcher with multiple retractions who unsuccessfully sued the Canadian Broadcasting Corporation (CBC) for libel has been charged with defrauding a state health insurance plan.

The Toronto Star reports that a warrant has been issued for the arrest of Ranjit Kumar Chandra for billing the Ontario Health Insurance Plan for “services that were either not provided or billed inappropriately.” The charges do not appear to be related to his research: Chandra worked once a week as an allergist for the past four years, the Star reports, and the alleged fraud was at least $5,000. Continue reading Nutrition researcher Chandra, who lost libel suit, charged with health care fraud

Author of retracted math paper defends against plagiarism charge, threatens to sue journal

A researcher in Egypt is threatening to sue a mathematics journal if it doesn’t un-retract one of his papers.

The American Journal of Computational Mathematics in May retracted Mostafa M. A. Khater‘s 2015 paper, “The Modified Simple Equation Method and Its Applications in Mathematical Physics and Biology.” The retraction notice is sparse on the details, indicating only that the article was not up to snuff: Continue reading Author of retracted math paper defends against plagiarism charge, threatens to sue journal

UK tribunal orders release of data from controversial chronic fatigue syndrome study

court caseA tribunal in the UK has rejected an appeal by Queen Mary University of London, who sought to reverse a previous order that they release data from a controversial 2011 paper in The Lancet about chronic fatigue syndrome (CFS).

The decision is one in a long series of judgments about the so-called PACE trial, which reported that two treatments — known as cognitive behavioral therapy and graded exercise therapy — helped alleviate the symptoms of the condition. But ever since The Lancet article and follow-up papers have been published, patients and critics have questioned the conclusions and clamored to see the raw data.

The main criticisms: The findings may prompt some to believe chronic fatigue is a mental, not a physical, disorder, and the PACE program could actually be harmful to patients by encouraging too much exercise. These criticisms were recently bolstered by a re-analysis of the evidence by the Agency for Healthcare Research and Quality, which downgraded its original conclusions about the effectiveness of cognitive behavioral therapy and graded exercise therapy.

In March 2014,  Continue reading UK tribunal orders release of data from controversial chronic fatigue syndrome study

Judges toss lawsuits by CrossFit gym claiming fraud in $273 million in grants

court caseFederal judges in Ohio have dismissed two lawsuits claiming that university researchers used false results to secure more than $250 million in federal grants.

Both lawsuits, which objected to a study examining the effects of CrossFit-based training, were filed by Mitchell Potterf, the owner of a gym affiliated with CrossFit in Columbus, Ohio. Potterf took issue with a 2013 study by researchers at Ohio State University (OSU) that was conducted at his gym.

Potterf filed one suit against the OSU researchers and a second against the National Strength and Conditioning Association (NCSA). The NSCA publishes the Journal of Strength and Conditioning Research, where a paper about the study appeared. The article, “Crossfit-based high-intensity power training improves maximal aerobic fitness and body composition,” has been cited 15 times, according to Thomson Reuters Web of Science.

The study followed 43 men and women as they completed 10 weeks of CrossFit-based training. In addition to those 43 participants, 11 dropped out before completing the regimen. According to the original paper: Continue reading Judges toss lawsuits by CrossFit gym claiming fraud in $273 million in grants

Can universities claim immunity in misconduct lawsuits? What a recent ruling suggests

Callan Stein
Callan Stein

Last week, George Washington University (GWU), a private institution in Washington DC, settled a case with scientist Rakesh Kumar, who had claimed breach of contract and emotional distress following a misconduct investigation against him. But earlier this year, a judge dismissed another one of the scientist’s claims, after GWU argued it had the same “official immunity” the government enjoyed, since it also conducts research misconduct investigations. Does the ruling set a precedent? We spoke to Callan Stein, a lawyer who represents U.S. researchers in misconduct cases, who has discussed the implications on his law firm’s site.

Retraction Watch: Can you explain more about this “official immunity” the government has regarding research misconduct, and why the judge thought this applied to GWU, as well? Continue reading Can universities claim immunity in misconduct lawsuits? What a recent ruling suggests

A researcher sued critics of his work. Now he has 13 retractions.

Fazlul Sarkar
Fazlul Sarkar

A cancer researcher who sued PubPeer commenters for criticizing his work has lost six more papers, bringing his total to 13 retractions. 

Four of the new retraction notices issued by the journal Cancer cite an investigation at Wayne State University in Michigan into the work of Fazlul Sarkar and some of his colleagues. All the new notices, including the other two in Breast Cancer Research and Treatment, are for image-related issues.

Retraction Watch readers will recognize the name Fazlul Sarkar, who took PubPeer to court to unmask the anonymous critics whose comments cost him a job at the University of Mississippi. According to this document, Sarkar retired from Wayne State this year.  

Here’s the first of the four Cancer retraction notices, all of which were issued on July 29: Continue reading A researcher sued critics of his work. Now he has 13 retractions.

Scientist with three retractions settles lawsuit against George Washington University

Rakesh Kumar
Rakesh Kumar

A researcher whose work has been subject to three retractions and two expressions of concern has settled a lawsuit he filed against his university for breach of contract and emotional distress.

Rakesh Kumar had sued George Washington University for $8 million, claiming that his employer had relieved him of department chair duties without following the correct procedure, following a finding of misconduct in his lab. He also claimed that the university had either leaked confidential information about an investigation into his work, or at least failed to keep that information from being posted in a comment here on Retraction Watch.

Last year, the university filed a motion to dismiss the case, but in March, a judge allowed some of it to go forward. On Thursday, the parties settled the case.

We asked Kumar’s attorney, Paul Thaler, to describe the terms of the settlement and say whether Kumar would remain employed at George Washington: Continue reading Scientist with three retractions settles lawsuit against George Washington University

Who is Ranjit Kumar Chandra? A timeline of notoriety

R K Chandra
R K Chandra

Last month, Ranjit Kumar Chandra was denied an extension to file an appeal of his lawsuit against the Canadian Broadcasting Corporation (CBC). It seemed to mark the end of a long fall for the self-proclaimed “father of nutritional immunology,” who has ended up with multiple high-profile retractions and on the wrong end of a costly libel lawsuit.

The case had a lot of twists and turns, however. So for your convenience, we’ve compiled a timeline of everything you need to know about the events that led up to the lawsuit — where it all began, and how it ended last July, when the Ontario Superior Court of Justice ruled in favor of the CBC, and the apparent epilogue this June.

In the 1980s, Chandra was a highly regarded nutrition researcher; in 1989, he was made a member of the Order of Canada. He authored over 200 papers during his time at Memorial University of Newfoundland. He has referred to himself as the “father of nutritional immunology,” but the link to his website no longer appears to be active.

Here’s how it all fell apart: Continue reading Who is Ranjit Kumar Chandra? A timeline of notoriety