Dana-Farber Cancer Institute Agrees to Pay $15M to Settle Fraud Allegations Related to Scientific Research Grants

From a Justice Department press release two weeks ago (I learned about the case just today from the excellent Science Fictions podcast [Tom Chivers & Stuart Ritchie] [formerly The Studies Show], one of the few podcasts to which I pay to subscribe):

Dana-Farber Cancer Institute Inc. (Dana-Farber) has agreed to pay $15,000,000 to resolve allegations that, between 2014 and 2024, it violated the False Claims Act by making materially false statements and certifications related to National Institutes of Health (NIH) research grants….

As part of the settlement, Dana-Farber admitted that its researchers used funds from six NIH grants to conduct research that resulted in 14 publications in scientific journals containing misrepresented and/or duplicated images and data. The publications reused images to represent different experimental conditions; duplicated images to represent different testing conditions, mice, and/or timepoints; or rotated, magnified, or stretched images. Further, Dana-Farber admitted that a supervising researcher failed to exercise sufficient oversight over these researchers, and that Dana-Farber spent funds from those six NIH grants that were unallowable.

As part of the settlement, Dana-Farber also admitted that another researcher received four NIH grants after submitting grant applications that discussed a journal article authored by the researcher but did not disclose that certain images and data in that article were misrepresented and/or duplicated. The United States contends that Dana-Farber caused the submission of false claims to NIH by falsely certifying compliance with grant terms and conditions, spending grant funds on unallowable expenses, and obtaining grants through false and misleading statements.

Dana-Farber cooperated with the government in this matter and received credit under the Department’s guidelines for taking disclosure, cooperation, and remediation into account in False Claims Act cases. Among other actions, Dana-Farber summarized voluminous materials relevant to the government’s investigation, voluntarily disclosed additional allegations of research misconduct relevant to the government’s investigation, voluntarily produced materials without a subpoena, sought to resolve this matter expeditiously, accepted responsibility for its conduct, and implemented remedial measures.

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Sholto David. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. David will receive $2,625,000 under today’s settlement….

You can see the Settlement Agreement for more details, including a list of the 14 potentially affected publications and their authors.