Are professors who commit fraud subject to criminal liability? Nacht Law Attorneys Ann Arbor Michigan

Are professors who commit fraud subject to criminal liability?

Posted by: David Nacht
December 05, 2011
Topic: Comments

In a current case reported in Medscape Medical news, see http://www.medscape.com/viewarticle/754423?src=ptalk, Janis C. Kelly reports about a Nevada researcher, July Mikovits, Ph.D., who is fielding criminal as well as civil claims stemming from missing research notebooks concerning chronic fatigue syndrome. Dr. Mikovits, according to the report, "was charged with two felonies: possession of stolen property and unlawful taking of computer data, equipment, supplies, or other computer-related property". She was found at her California home and she spent some nights in jailbefore any finding of guilt has occurred.

As is often the case, the allegations of fraud in this case first surfaced when other researchers were unable to replicate findings.

There have also been news reports of a criminal investigation in Massachusetts concerning a Harvard professor accused of fraud.

While research fraud in science has been the subject of Congressional interest for a couple for a couple of decades, prosecutors have not historically pursued criminal claims. It appears we are on the cusp of a change in that attitude.

In the private sector, we are seeing the FBI investigate theft of trade secrets theft cases much more routinely, particularly, when American companies are losing material to foreign companies. Now that researchers often have access to valuable intellectual property which are easily portable, that is one motivation for universities, non-profits and companies to bring in the authorities to avoid the loss of data.

But there is also a growing concern within the academic and research communities about the extent of fraud and the potential for the loss of confidence in Congress and therefore a threat to funding for academic research. So we can expect to start seeing more routine referrals from vice presidents of research and the general counsel's office of universities to law enforcement authorities, as well as the now-routine reports to NIH and other funding agencies.

Professors or other researchers facing claims of intellectual dishonesty must be vigilant in defending themselves. Do not try to defend yourself in an internal inquiry within the university or research institute. Your statements may be used against you in a later criminal proceeding.

You should retain a law firm with experience in employment law; knowledge of federal research funding practices (if your lawyer doesn't know what an R-01 is, get a different lawyer!); academic/research cultural norms; and criminal defense of fraud cases. Our firm is one of the few nation-wide, in which the same lawyers have the expertise to handle all aspects of such a claim.

Are professors who commit fraud subject to criminal liability?