TOPICS
TOPICS
Scientific Struggle
Two senators are pressuring the director of the National Institutes of Health to explain why one of the agency's scientists was fired after he complained about poor scientific practices within his division and inappropriate unprofessional conduct from his supervisor.
In a June 21 letter to NIH Director Elias A. Zerhouni, Sen. Charles E. Grassley, R-Iowa, chairman of the Senate Finance Committee, and Sen. Max Baucus, D-Mont., the committee's ranking member, questioned the management in the Division of Acquired Immunodeficiency Syndrome of the National Institute of Allergy and Infectious Diseases.
Jonathan M. Fishbein, an NIH researcher and director of the AIDS research division's Office of Policy in Clinical Research Operations, was fired July 1 after he disclosed that the agency failed to enforce rules regarding good clinical practices in AIDS drug trials in Uganda. He directed his criticism at extensive standards violations by researchers and an attempted cover-up by NIH officials.
Fishbein also complained to the director of the AIDS research division that his supervisor, Jonathan Kagan, deputy director of the division, conducted himself inappropriately and unprofessionally.
"[The events] not only raise the appearance of retaliation against Dr. Fishbein, but also suggest broader, more systemic problems related to the management and functioning of DAIDS," the letter states.
Hired by NIH in 2003, Fishbein was brought in to improve the quality and integrity of its research and clinical tests. He was removed from his position on April 7, 2004 and was placed on administrative leave after his supervisor said he received negative feedback from staff members.
Fishbein said that he will continue to fight to get his job back and that an internal NIH report supports his allegations. The Associated Press, which obtained a copy of the review, reported that it substantiated Fishbein's concerns.
"I want my job back with full responsibility and authority and I want my reputation restored," Fishbein said. "I conducted myself professionally and I did my job."
The senators asked the agency to respond by July 5, but according to Fishbein, they asked for more time and said they would respond by July 8. The committee staff is to be updated on a quarterly basis concerning the drug tests and the operations of the AIDS research division.
According to the senator's letter, no documentation supported accusations of Fishbein's poor performance and Kagan had a $2,500 award recommendation for Fishbein withdrawn.
The letter also included an excerpt of an e-mail from Edmund Tramont, the division's director, to Kagan, that said "Let's start working on this ... [W] are going to have to have ironclad documentation ... In Clauswitzian style, we must overwhelm with force." Carl von Clausewitz was a 19th-century Prussian military strategist.
In a June 30 letter, the senators told Zerhouni that retaliation against an employee for reporting misconduct is "unacceptable, illegal and violates the Whistleblower Protection Act," as well as had a chilling effect on other NIH employees who would otherwise report their concerns.
Inquiries to NIH were referred to a National Institute of Allergy and Infectious Diseases' spokesman, who said the agency could only release information relating to the dates of current and former employees' period of employeement and title.
Busted for Bribery
A Border Patrol agent stationed at the Customs and Border Patrol station in Nogales, Ariz., was charged with 17 counts of bribery and drug trafficking, according to a federal grand jury indictment.
Juan L. Sanchez, 28, was released on a property bond; a trial is set for July 26.
The indictment alleges one count of conspiracy to possess with intent to distribute 3,500 pounds of marijuana, six counts of possession with intent to distribute 100 to 1,000 kilograms of marijuana, six counts of possession of a firearm during a drug trafficking offense and four counts of accepting bribes.
The violations are alleged to have occurred during the summer of 2002 through January 28, 2004.
Paul K. Charlton, U.S. Attorney for the District of Arizona, said that "this is one of a continuing series of cases that is the result of our focus on public corruption."
The maximum punishment for the conspiracy charge is life in prison and a $4 million fine. The drug charges carry maximum sentences of 40 years in prison and a $2 million fine. The bribery charges carry maximum sentences of 15 years in prison and a $250,000 fine. The firearms charges carry maximum sentences of five years in prison and a $250,000 fine.
The investigation in this case was conducted by agents from the FBI, the Drug Enforcement Administration, the Immigration and Customs Enforcement Office of Public Responsibility, the Internal Revenue Service Criminal Investigation Division, the Santa Cruz County Metro Task Force and the Border Patrol.
COMMENTS
- Here is pay for performance! The managers didn't like this guy so they got rid of him; however, he was doing what was correcty and what he was hired to do! This is pay for performance at its worst! This is going to happen more and more in agencies that move to pay for performance but for even lesser infractions of management's wishes. Management doesn't care about the taxpayer or the operation they simply want what they have the power to control! The managers are the problem, not the pay schedule or civil service requirements! Get good managers and this crap doesn't happen as often as it will under pay for performance! taxpayer Posted July 12, 2005 6:32 AM
- What is wrong with these Senators? Don't they understand that breaking the law is an obligation of managers? If a subordinate tells the truth, they should be fired as soon as possible. Management has a reputation to uphold. GovExec.com reader Posted July 11, 2005 1:49 PM









