HOW BADLY THE SYSTEM IS BROKEN

Bert Gold bgold at itsa.ucsf.edu
Sat Dec 16 19:26:24 EST 1995


FINDINGS OF SCIENTIFIC MISCONDUCT

NIH GUIDE, Volume 24, Number 42, December 8, 1995

P.T. 34; K.W. 1014004, 1014006

Department of Health and Human Services

Notice is hereby given that the Office of Research Integrity (ORI)
has made final findings of scientific misconduct in the following
case:

Daniel P. Bednarik, Ph.D., Centers for Disease Control and Prevention
(CDC):  Based on an investigation conducted by the Division of
Research Investigations, ORI found that Daniel P. Bednarik, Ph.D.,
engaged in scientific misconduct by fabricating and falsifying
research data in two scientific manuscripts that were submitted for
publication to the journal Nucleic Acids Research and to the journal
AIDS.  One paper, entitled "Expression of the human (cytosine-5)
:methyltransferase is regulated by alternative mRNA splicing," was not
accepted and the other, entitled "Indirect evidence for an EBV-HIV
hybrid virus:  Human immunodeficiency virus type 1 and Epstein-Barr
virus genome association," was withdrawn before review.  Dr. Bednarik
is a former employee of CDC, and the research was done while he was
employed by CDC.

Dr. Bednarik and ORI have entered into a Voluntary Exclusion
Agreement, which the parties agreed shall not be construed as an
admission of liability or wrongdoing on the part of Dr. Bednarik.
Dr. Bednarik has agreed not to appeal ORI's jurisdiction or its
findings and has further has voluntarily agreed:

(1) to exclude himself from any contracting or subcontracting with
any agency of the United States Government and from eligibility for,
or involvement in, nonprocurement transactions (e.g., grants and
cooperative agreements) of the United States Government, as defined
in 45 C.F.R. Part 76 and 48 C.F.R. Subparts 9.4 and 309.4 (Debarment
Regulations) for a period of two years, beginning on October 30,
1995;

(2) that any institution employing the Respondent be required to
:submit, in conjunction with each application for PHS funds or report
of PHS funded research in which the Respondent is involved, a
certification that the data provided by the Respondent are based on
actual experiments or are otherwise legitimately derived and that the
data, procedures, and methodology are accurately reported in the
application or report for a period of one (1) year following his
exclusion;

(3) that any institution that submits an application for PHS support
for a research project that proposes the Respondent's participation
or that uses the Respondent in any capacity on PHS supported
research, must concurrently submit a plan for supervision of the
Respondent's duties, designed to ensure the scientific integrity of
Dr. Bednarik's research, for a period of one year following his
exclusion; and

(4) to exclude himself from serving in any advisory capacity to the
Public Health Service (PHS), including but not limited to service on
any PHS advisory committee, board, and/or peer review committee, or
as a consultant for a period of three years, beginning on October 30,
1995.

:Tetsuya Matsuguchi, M.D., Ph.D., Dana-Farber Cancer Institute: On
November 3, 1995, ORI found that Tetsuya Matsuguchi, M.D., Ph.D.,
formerly a Harvard Medical School Research Fellow at the Dana-Farber
Cancer Institute, committed scientific misconduct by intentionally
falsifying data by artificially darkening one band each on two
autoradiographs in figures that he had prepared for a presentation at
an intramural research seminar and by altering three bands on the
print of an immunoblot included in Figure 2A of a paper published in
the EMBO Journal.  This research was supported by a Public Health
Service grant.

Dr. Matsuguchi has entered into a Voluntary Exclusion Agreement with
ORI in which he has accepted ORI's finding and has agreed to exclude
himself voluntarily, for the three year period beginning November 3,
1995:

(1) from any contracting or subcontracting with any agency of the
United States Government and from eligibility for, or involvement in,
Federal nonprocurement transactions (e.g., grants and cooperative
agreements), of the United States Government, as defined in 45 C.F.R.
Part 76 and 48 C.F.R. Subparts 9.4 and 309.4 (Debarment Regulations);
and
:
(2) from serving in any advisory capacity to PHS, including but not
limited to service on any PHS advisory committee, board, and/or peer
review committee, or as a consultant.

The above voluntary exclusion, however, shall not apply to Dr.
Matsuguchi's future training or practice of clinical medicine whether
as a medical student, resident, fellow, or licensed practitioner
unless that practice involves research or research training.

Dr. Matsuguchi has agreed to submit a letter to the EMBO Journal
requesting correction of the article entitled "Tyrosine
phosphorylation of p85Vav in myeloid cells is regulated by GM-CSF,
IL-3, and Steel factor and is constitutively increased by p210
BCR/ABL" (EMBO Journal 14:257-265, 1995) by retracting Figure 2A,
because Dr. Matsuguchi enhanced the Vav bands in lanes 2, 3, and 4
without the knowledge of the other authors, and by substituting the
correct Figure 2A.

INQUIRIES

For further information contact:
:
Director, Division of Research Investigations
Office of Research Integrity
5515 Security Lane, Suite 700
Rockville, MD  20852
Telephone:  (301) 443-5330





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