Whistleblower claims Duke Uni data fraud won $200 million in grants

Written by Alison McCook, Retraction Watch

On a Friday in March 2013, a researcher working in the lab of a prominent pulmonary scientist at Duke University in Durham, North Carolina, was arrested on charges of embezzlement. The researcher, biologist Erin Potts-Kant, later pled guilty to siphoning more than $25,000 from the Duke University Health System, buying merchandise from Amazon, Walmart, and Target—even faking receipts to legitimize her purchases. A state judge ultimately levied a fine, and sentenced her to probation and community service.

Then Potts-Kant’s troubles got worse. Duke officials took a closer look at her work and didn’t like what they saw. Fifteen of her papers, mostly dealing with pulmonary biology, have now been retracted, with many notices citing “unreliable” data. Several others have been modified with either partial retractions, expressions of concern, or corrections. And last month, a U.S. district court unsealed a whistleblower lawsuit filed by a former colleague of Potts-Kant.

It accuses the researcher, her former supervisor, and the university of including fraudulent data in applications and reports involving more than 60 grants worth some $200 million. If successful, the suit—brought under the federal False Claims Act (FCA)—could force Duke to return to the government up to three times the amount of any ill-gotten funds, and produce a multimillion-dollar payout to the whistleblower.

The Duke case “should scare all [academic] institutions around the country,” says attorney Joel Androphy of Berg & Androphy in Houston, Texas, who specializes in false claims litigation. It appears to be one of the largest FCA suits ever to focus on research misconduct in academia, he says, and, if successful, could “open the floodgates” to other whistleblowing cases.

False claims lawsuits, also known as qui tam suits, are a growing part of the U.S. legal landscape. Under an 1863 law, citizen whistleblowers can go to court on behalf of the government to try to recoup federal funds that were fraudulently obtained. Winners can earn big payoffs, getting up to 30% of any award, with the rest going to the government. Whistleblowers filed a record 754 FCA cases in 2013, and last year alone won nearly $600 million. The U.S. government, meanwhile, has recouped more than $3.5 billion annually from FCA cases in recent years.

Relatively few of these cases have targeted research universities (see box, below); many allege fraud in health care or military programs. But that’s changing. The FCA “is increasingly being used to target alleged fraud in a diverse array of industries, including research and academia,” says attorney Suzanne Jaffe Bloom of Winston & Strawn LLP in New York City. Although recent court rulings suggest public universities may have some protection from qui tam suits because they are government entities, private institutions do not. Eleven private universities, including Duke, are among the top 25 recipients of federal funding for academic science over the past decade.

Duke fraud case highlights financial risks for universities

Retraction Watch

The Duke case centers on allegations made by biologist Joseph Thomas, who, according to court documents, joined Duke’s cell biology department in 2008. In 2012 Thomas moved to the pulmonary division, where Potts-Kant worked under William Michael Foster investigating how pollutants affect the body’s airways. After Potts-Kant was placed on leave in 2013, the pulmonary division conducted an investigation of the data produced by Foster’s lab, according to the lawsuit. (Duke has not released the results of the investigation.) Investigators analyzed raw data, recalculated results, and reran experiments, according to the suit. Thomas, who says he participated in the review, claims that other reviewers and pulmonary division staff told him that Potts-Kant doctored nearly every experiment or project in which she participated. Sometimes, the suit alleges, she hadn’t exposed mice to the right experimental conditions or run the experiments at all. Other times, Thomas alleges, Potts-Kant had run the experiments but altered the data, tweaking them to match the hypothesis or boost their statistical significance.

Thomas, who no longer works at Duke, alleges that Foster and others at Duke were aware of concerns raised about Potts-Kant’s work even before the investigation began. There were obvious red flags, he contends. For example, she spent far less time completing a research task than required by an equally experienced researcher. And at least one outsider had raised questions about her data at a scientific meeting. But the university withheld the scope of what it knew from federal funding agencies as it filed reports on existing grants and applied for new ones, the lawsuit alleges.

Specifically, Thomas alleges that since 2006 Duke received at least 49 grants worth $82.8 million from the National Institutes of Health (NIH), the Environmental Protection Agency, and other agencies “that were directly premised on and/or arose from the research misconduct and fraud of Potts-Kant and/or the Foster lab.” And he alleges that the doctored data helped other institutions win 15 additional grants, worth $120.9 million, from NIH. (Those grants involved using the Duke lab for some research tasks.)

Foster did not respond to requests for comment on the case. Thomas—who is represented by his brother John Thomas of Gentry Locke LLP in Roanoke, Virginia—would not comment, and Potts-Kant could not be reached. In a statement, Duke spokesperson Michael Schoenfeld says that officials learned of the “discrepancies” in Potts-Kant’s data only after her embezzlement was discovered in 2013. “Even though the full scope of Ms. Potts-Kant’s actions were not known at the time, Duke notified several government agencies in June 2013 about the matter and immediately launched a formal scientific misconduct investigation, as required by federal law,” he stated. “Since then, Duke has provided extensive information to the government regarding the grants in question, and we will continue to cooperate with their investigation.” (The government has not joined the case, but could later.)

An attorney not associated with the case says it may face obstacles. Although the high number of retractions suggests that Thomas can meet the FCA’s requirement that “falsity” exists, it may be more difficult to show that the inclusion of fraudulent data was key to winning the grants, another essential aspect of an FCA case, says Torrey Young of Foley & Lardner LLP in Boston. “An important concept,” she says, is that “you can have research misconduct without having a false claim.”

Alison McCook is an editor at Retraction Watch based in Philadelphia, Pennsylvania. This story was produced under a collaboration between Science and Retraction Watch.

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More Anti-Science Hysterics From The New York Times

Written by Tony Heller

The New York Times says that Georgia and Florida are flooding, and it is caused by “global warming created by human emissions”

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Flooding of Coast, Caused by Global Warming, Has Already Begun – The New York Times

The two closest active tide gauges to those locations show that sea level is rising at exactly the same rate is was a century ago. There is not the slightest indication that humans have had any impact on sea level.

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Climate Mystery: stratospheric wind patterns change for first time in 60 years

Written by Cheyenne MacDonald

For more than 60 years, atmospheric scientists have observed the consistent behaviour of a wind pattern known as the ‘quasi-biennial oscillation’ – a phenomenon that repeats every 28 months.

But in late 2015, the long-reliable pattern suddenly changed.

The winds have since returned to their normal course, and while no immediate effects were detected, astronomers are working to understand if this was just a one-time ‘black swan’ event, or a ‘canary in the coal mine’ signalling unseen conditions.

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Science Funding Perspective: Fix the incentives

Written by Julia Lane

Fostering the connection between science funding and economic growth needs to be based on thoughtful measurement, says Julia Lane.

The US Congress and European funding bodies increasingly require science agencies and universities to document the potential impact of research on economic activity. lane But science agencies, whose job it is to identify and fund the best research, are not the right institutions to unpack the links between research and innovation.

Their often well-meaning attempts to count what can be counted — largely, publications or patent activity — have created perverse incentives for researchers and are not credible.

More emphasis on publications means that early-career researchers have become replaceable (and often unemployable) cogs in a paper-production machine, while the amount of unread and irreproducible research and patents has exploded.

Better incentives, and science, can be established through thoughtful measurement. Countries should think before measuring by drawing on the social and economic sciences and applying standard approaches to evaluation: building testable hypotheses based on theory of change, identifying and measuring inputs and outputs, establishing appropriate comparison groups1, and collecting data and estimating the empirical relationships.

Biologists, engineers and physicists might be good at decoding the human genome, expanding our understanding of materials science, and building better models of the origins of the Universe, but they lack the statistical and analytical expertise to evaluate innovation. Although there are enormous hurdles to overcome, more carefully considered approaches will make results more credible and lead to better incentives.

The resulting measurement would move the focus away from counting documents and towards tracing what scientists do and how this transitions to economic activity. The measure would focus on the ways in which finding steers scientists into particular research fields, and then the way those scientists transfer ideas. It would use automated approaches to collect data on both funded and non-funded fields of research, rather than relying on manual, burdensome and unreliable self-reports.

Let’s consider how this approach of thinking, then measuring, might work in the real world to inform links between research and economic growth, and to improve incentives. Take the current imperative from both the US Congress and the Higher Education Funding Council for England (HEFCE) that grants should measure their “impact”. A thinking-first strategy would suggest that grants should be seen as a set of investments that constitute a portfolio, rather than a set of unrelated projects. Evaluating every grant’s success would be replaced by a risk-balanced portfolio approach.

As such, some grants would surely fail. The results of these failures would be published and valued. The incentives would change from rewarding the publication of positive (and sometimes irreproducible) results to encouraging the publication of failures, and science would gain from the identification of ‘dry’ research holes2. As US inventor Thomas Edison liked to say, he didn’t fail, he just found 10,000 ways that didn’t work.

The intense focus on publications as a way to measure scientific output has led to three suboptimal outcomes. First, researchers hoard knowledge in order to be the first to publish new findings. Second, institutional structures incentivize lower-risk, incremental research2. And third, too many graduate students are produced who are then put into the academic holding tank of postdoctoral fellowships.

But the best way to transmit knowledge is through people3. Science would move forward more effectively by tracing the activities of people rather than publications, particularly if the focus is on regional economic development4. Treating the placement and earnings of graduate students and postdoctoral fellows as key outputs of investment, and their education as crucial for the adoption of new ideas, would result in their training being treated as valuable in its own right.

An excellent example of this type of investment is Cofactor Genomics, which was founded by graduate scientists working on the Human Genome Project at Washington University in St. Louis, Missouri. Rather than pursue an academic career, they used their expertise to create a company that uses genomics to develop RNA-based disease diagnostics and hired people they had met through grant-funded research. They saw that the technology had great commercial potential, which would have been difficult to pursue in an academic environment. The correct measure of this project’s success was not the number of published articles it spawned, but the strength and vibrancy of the networks of human connections that it helped to create.

Establishing institutes is standard practice in many scientific domains — examples include the US National Center for Atmospheric Research and CERN, the European particle-physics laboratory, in physical sciences, and the Poverty Action Lab at the Massachusetts Institute of Technology in Cambridge in social science. To the credit of the US academic community, cooperatives have led to the establishment of the Institute for Research on Innovation and Science (IRIS) at the University of Michigan in Ann Arbor. A partnership between IRIS and the US Census Bureau is, for the first time, building links between funding, the scientists it supports and subsequent entrepreneurship. Teams of scientists from 11 universities are beginning to develop the thoughtful approach to measurement that is urgently required.

Alas, similar institutes have not been established in Europe, Australia or New Zealand, despite researchers putting the building blocks together. Given that changing incentives is imperative for any country aiming to foster economy-driving innovation, I hope that this gap is quickly closed.

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Secrets of the solar wind revealed: Stunning Nasa video

Written by Mark Prigg

It looks like a calm, orderly lab experiment at first glance. But in fact this incredible video shows the solar wind as it leave’s the sun’s surface – in stark contrast to the gusty and turbulent wind as it approaches Earth.

Ever since the 1950s discovery of the solar wind – the constant flow of charged particles from the sun – there’s been a stark disconnect between this outpouring and the sun itself. Near the sun where it originates, this wind is structured in distinct rays, much like a child’s simple drawing of the sun, researchers found.

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Jupiter up close: See historic first high resolution images

Written by Mark Prigg

Nasa’s Juno spacecraft has sent back the first-ever images of Jupiter’s poles, taken during the spacecraft’s first flyby of the planet with its instruments switched on.

The incredible images show storm systems and weather activity ‘unlike anything previously seen’. They reveal stormy conditions, high clouds and a strange blue hue on the planet.

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‘Astonishing’ snow depth on North Face of Ben Nevis

Written by www.bbc.co.uk

Climbers have encountered deep snow on Britain’s highest mountain while assisting in a scientific project on the peak. It is not unusual for Ben Nevis to have coverings of snow all year.

However, snow expert Iain Cameron has described the depth of the white stuff on the mountain’s North Face as “astonishing”.

Photographs of the snow, which could be more than 15m deep in places, were taken by Highland Mountain Company. The images were taken on Monday.

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Earth Is GAINING Land Despite Warming-Fueled Sea Level Rise, Study finds

Written by Michael Bastasch

Coastal areas around the world are expanding in the face of projections that global warming-induced sea level rise will wipe out coastal cities.

But a recent study by the Dutch Deltares Research Institute found coastal areas had grown, on net, 13,000 square miles over the last 30 years. coast In total, the study found 67,000 square miles of water was converted into land, and 44,000 square miles of land was covered by water.

“We expected that the coast would start to retreat due to sea level rise, but the most surprising thing is that the coasts are growing all over the world,” Fedor Baart, the study’s lead author, told BBC News. “We’re were able to create more land than sea level rise was taking.”

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The LHC “nightmare scenario” has come true

Written by Sabine Hossenfelder

I finished high school in 1995. It was the year the top quark was discovered, a prediction dating back to 1973. As I read the articles in the news, I was fascinated by the mathematics that allowed physicists to reconstruct the structure of elementary matter. It wouldn’t have been difficult to predict in 1995 that I’d go on to make a PhD in theoretical high energy physics.

Little did I realize that for more than 20 years the so provisional looking standard model would remain undefeated world-champion of accuracy, irritatingly successful in its arbitrariness and yet impossible to surpass. We added neutrino masses in the late 1990s, but this idea dates back to the 1950s. The prediction of the Higgs, discovered 2012, originated in the early 1960s. And while the poor standard model has been discounted as “ugly” by everyone from Stephen Hawking to Michio Kaku to Paul Davies, it’s still the best we can do.

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Climate Change Won’t Kill the Grandkids – Having No Energy Will

Written by Tom D. Tamarkin

Anthropogenic warming (AGW)  or climate change is not the BIG problem its advocates make it out to be. Even if it could be proved that man is creating it through his use of hydro-carbon fossil fuels, it is not the truly BIG problem.

Climate change has always been a part of the Earth’s dynamic atmospheric system. During the last 2 billion years the Earth’s climate has alternated between a frigid “Ice House” climate, today’s moderate climate, , and a steaming “Hot House” climate, as in the time of the dinosaurs.

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Is 2016 The Hottest Year On Record? Satellites Say No

Written by Michael Bastasch

Many climate scientists claim 2016 is on track to be the warmest year on record, but satellite-derived temperature data tells a different story.

Satellite data compiled by scientists at the Earth System Science Center (ESSC) at The University of Alabama in Huntsville show global average temperature for the first eight months of 2016 show this year has been the second warmest year on record.

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Cup Calling the Kettle for Back-Tea

Written by Joseph E Postma

This was inspired from a comment by “richardengland”:

“Lets make it really simple: once the hot water has left the kettle can this hot water be made hotter without going back into the kettle and its heating coil?  Yes or no.”

tea

And I think that that is actually precisely it, with a slight modification:

Will putting your tea back into the kettle make the kettle hotter than when it poured your tea?  That is exactly what they’re claiming when they say that “backradiation” from the atmosphere can heat the warmer surface, the warmer surface from where the thermal energy came from in the first place.

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NASA Climate Fraud At A Pace Unprecedented In 1,000 Years

Written by Tony Heller

Gavin Schmidt at NASA says that Earth is warming at the fastest pace in 1,000 years.

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Nasa: Earth is warming at a pace ‘unprecedented in 1,000 years’ | Environment | The Guardian

Gavin’s own data set shows earth cooling over the past five months at the fastest rate since 1917.

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www.woodfortrees.org/data/gistemp

Satellites show the Earth cooling for almost 20 years.

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Simple Time-Dependent Model Refutes the Atmospheric Greenhouse Effect

Written by Joseph E Postma

OBFUSCATIONWe must now look at Roy Spencer’s simple model of the greenhouse effect to see what he’s actually doing with it and what he actually thinks about it.

I have updated his current model but also have a copy from some time he did this before using a sphere with concentric shell as an example – they’re both updated with “reality” sheets and “Spencer” sheets.

We now get to see exactly what Roy thinks about backradiation, independent of all of the usual obfuscatory language, because we can refer directly to his mathematics.

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Atmospheric Electricity and Weather Impacts

Written by PSI staff

Despite claims about settled science there is still much to learn about how electrical charges in Earth’s atmosphere impact weather, and especially in the ionosphereelectricity

In this article we explore further the ideas of Edsel Chromie who insists modern meteorology fails to account for the full role of electrical forces on the Jet Stream. Meteorologists do appreciate there exists a global atmospheric electrical circuit and while some traces of it are found less than a meter above the land and water surfaces much is evidenced at very great heights.

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Simple Experimental Demonstration that Refutes the Greenhouse Effect

Written by Joseph E Postma

Roy Spencer postulated and then performed a “simple” experiment which he thought demonstrates the greenhouse effect.  This is actually trivial to debunk so we’ll keep this short.

First I’ll point out a deceptive little trick employed by Roy which he used to blunder his point.  To quote him:

RS: “The Wikipedia entry for the 2nd Law of Thermodynamics includes the following statement from Rudolph Clausius, who formulated one of the necessary consequences of the 2nd Law (emphasis added):

““Heat can never pass from a colder to a warmer body without some other change, connected therewith, occurring at the same time.”

“The statement by Clausius uses the concept of ‘passage of heat’. As is usual in thermodynamic discussions, this means ‘net transfer of energy as heat’, and does not refer to contributory transfers one way and the other.”

The italicized words are important, and have been ignored by my critics: while it is true that the net flow of heat must be from higher temperature to lower temperature, this does not mean that the lower temperature object cannot (for example) emit radiant energy in the direction of the warmer object, and thus increase the temperature of the warmer object above what it would otherwise be.”

Whereas, Roy left out a the final paragraph in the Wiki quote on the Clausius statement.

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