FINDINGS OF SCIENTIFIC MISCONDUCT NIH GUIDE, Volume 24, Number 42, December 8, 1995 P.T. 34 Keywords: Ethics/Values in Science & Technol Grants Administration/Policy+ 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for an EBV-HIV hybrid virus: Human immunodeficiency virus type 1 and Epstein-Barr virus genome association," was withdrawn before review.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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