Most unethical federal scientists go unpunished

updated 7:16 p.m. ET Sept. 12, 2006

Most of the federal scientists who improperly accepted personal money from drug or biotechnology companies walked away with reprimands or were allowed to retire unscathed.

Only two of the 44 scientists found to have violated rules governing private consulting deals are being investigated for possible criminal activity, and they remain on the government payroll, the National Institutes of Health told The Associated Press this week in the most detailed accounting it has released.

NIH spokesman John Burklow said his agency wanted eight others reviewed for possible crimes, but those cases were rejected by the investigating office at the U.S. Health and Human Services Department.

The two still outstanding — Drs. Trey Sunderland and Thomas Walsh — both committed “serious misconduct,” so grave that they would be fired if they were civilians, NIH internal ethics reports contend.

Lawmakers plan to push for answers Wednesday at a House Energy and Commerce subcommittee hearing, part of continuing scrutiny into how the agency polices conflicts of interest. Responding to congressional criticism, NIH last year barred federal scientists from the once-common practice of earning lucrative paychecks from private companies.

'Where is the accountability?'
Rep. Bart Stupak, D-Mich., said he wants to know why it is taking so long to resolve the case of Sunderland, a leading Alzheimer’s disease researcher whose request to leave government service has been denied for two years.

“Where’s the accountability? Where’s the response?” Stupak said. “This person should be dealt with severely.”

He referred to allegations that Sunderland improperly transferred human tissue samples from NIH patients to the drug company Pfizer.

“These people thought they were helping other people, not some scientist profiting,” he said. Sunderland, through his attorney, denies that his consulting payments from Pfizer were tied to samples he provided in his government capacity.

NIH says it has been unable to act against the two scientists because they are part of the Public Health Service Commissioned Corps, which provides medical help during disasters.

The Commissioned Corps is concerned about the allegations against Sunderland and Walsh and “will take appropriate action should wrongdoing be found,” said spokeswoman Christina Pearson.

However she cited “other reviews” of Sunderland that her agency must coordinate with.

Rep. Joe Barton, R-Texas, chairman of the House Energy and Commerce Committee, said the case points out deeper problems at NIH.

“In spite of the public changes that have been made at NIH, there really does not appear to be a cultural change where the institution and the members of the institution condemn the kind of behavior that apparently Dr. Sunderland has exhibited. It’s really, really disappointing,” he said.

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