This summer, Columbia University signed a settlement agreement with the U.S. government over a case filed under the False Claims Act (FCA), which enables whistleblowers to sue institutions on behalf of the government. Although this may seem like one of the many legal issues facing academic science recently, this case merits a closer look, says John R. Thomas, Jr., an attorney with Gentry Locke who represents whistleblowers in a variety of FCA cases – including a potentially landmark case against Duke University that we covered for Science. Thomas – who also authored a three-part Retraction Watch primer on how to file an FCA suit (“So You Want to Be a Whistleblower?” Part One, Part Two, Part Three) – tells us what we need to know about this latest FCA verdict.
As readers of Retraction Watch are unfortunately well aware, dishonesty in research comes in many forms. While we often focus on dishonesty in research itself, scientists and institutions may also defraud the government through a variety of administrative avenues, such as effort reporting (accounting for researcher time), improper cost accounting, and inflated facilities and administrative (F&A) costs.
A Copenhagen court has cleared neuroscientist Milena Penkowa of the most serious charges against her after she appealed a 2015 verdict that she had faked data.
According to the CPH Post, the Eastern High Court in Copenhagen dismissed the case. Although the court acknowledged she had committed fraud, it declared it was not “serious forgery.”
Retraction Watch readers may recall the case of Piero Anversa and Annarosa Leri, both formerly of Harvard and the Brigham & Women’s Hospital in Boston. The pair — which has had their work subjected to a retraction, expression of concern, and correction — sued their former employers in 2014 for costing them job offers after the institutions notified journals, triggering notices. A judge dismissed the case a year ago, saying that Anversa and Leri had to try other administrative remedies before bringing suit.
But Anversa and Leri appealed, and last week, a court denied that appeal. (See the judge’s decision — which begins by quoting Ecclesiastes and includes the delicious word “gallimaufry” — here.) We spoke by email to two attorneys — Richard Goldstein, who represented the scientist in Bois v. HHS, the first case to overturn a funding ban by the Office of Research Integrity (ORI), and Paul Thaler, who has represented scientists involved in misconduct proceedings for more than 25 years — about the case, and what it could mean for similar lawsuits.
Retraction 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 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.
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.
A 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.
Federal 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.