[Federal Register Volume 65, Number 15 (Monday, January 24, 2000)]
[Notices]
[Page 3717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1621]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Findings of Scientific Misconduct

AGENCY:  Office of the Secretary, HHS.

ACTION:  Notice.

-----------------------------------------------------------------------

SUMMARY:  Notice is hereby given that the Office of Research Integrity 
(ORI) has made a final finding of scientific misconduct in the 
following case:
    John L. Ho, M.D., Cornell University: Based on a report dated June 
16, 1999, by Cornell University (Report), as well as information 
obtained by ORI during its oversight review, ORI found that Dr. John 
Ho, Associate Professor, Department of Medicine and Department of 
Microbiology at Cornell University Medical College, engaged in 
scientific misconduct by reporting falsified and fabricated research 
results in a National Heart, Lung, and Blood Institute (NHLBI), 
National Institutes of Health (NIH), grant application.
    Specifically, ORI found that Dr. John Ho committed scientific 
misconduct in connection with the data contained in Figure 10 of the 
Application that purportedly demonstrated cytokine production 
heterogeneity. Dr. John Ho falsified the text describing Panel 2 of 
Figure 10 by representing that the interferon- values 
reflected data from 25 donors when values from only four donors had 
been obtained. In addition, Dr. John Ho falsified the data entries for 
Panels 1 and 3 of Figure 10 by representing that approximately 19 and 
25 donor samples, respectively, were studied when only three and six 
genuine values were obtained, the remaining symbols reflecting 
fabricated results.
    Dr. John Ho has accepted the ORI finding and has entered into a 
Voluntary Exclusion Agreement with ORI in which he has voluntarily 
agreed:
    (1) to comply with all terms and conditions of the plan for 
remedial training and scientific and administrative oversight imposed 
by Cornell University. Pursuant to the Cornell Plan, Dr. John Ho can 
return to work at Cornell University only after it receives written 
confirmation from Dr. David Ho that Dr. John Ho has successfully 
completed a program of remedial training of at least one (1) year's 
duration at the Aaron Diamond Foundation. Under the terms of the 
Cornell Plan, Dr. John Ho will be subject to a two (2) year plan of 
scientific and administrative oversight of his research upon his return 
to Cornell University from the Aaron Diamond Foundation.
    (2) that, for a period of three (3) years beginning on December 28, 
1999, any institution (including but not limited to Cornell University 
and the Aaron Diamond Foundation) that submits an application for U.S. 
Public Health Service (PHS) support for a research project on which Dr. 
John Ho's participation is proposed or which uses him in any capacity 
on PHS supported research, or that submits a report of PHS-funded 
research in which he is involved, must concurrently submit to PHS and 
ORI:
    a. a plan for supervision of his duties during the particular PHS-
related project at issue, which must be designed to ensure the 
scientific integrity of his research contribution; and
    b. a certification that the data provided by Dr. John Ho are based 
on actual experiments or are otherwise legitimately derived, and that 
the data, procedures, and methodology are accurately reported in the 
application or research report.
    (3) to exclude himself from serving in any advisory capacity to 
PHS, including but not limited to service on any PHS advisory 
committee, board, and/or peer review committee, or as a consultant for 
a three (3) year period beginning December 28, 1999.
    Further, in the event that Dr. John Ho obtains a new employer at 
anytime during the three (3) year period beginning on December 28, 
1999, Dr. John Ho has agreed to:
    (1) notify ORI in writing no later than ten (10) business days 
after the commencement of his new employment of the name and address of 
his new employer;
    (2) provide his new employer with a copy of the Agreement 
(including the Cornell Plan); and
    (3) ensure that, for so long as the Cornell Plan is in effect, his 
new employer will agree to assume the scientific and research oversight 
responsibilities adopted by Cornell University pursuant to paragraphs 
1, 2, and 3 of the Cornell Plan.

FOR FURTHER INFORMATION CONTACT: Acting Director, Division of Research 
Investigations, Office of Research Integrity, 5515 Security Lane, Suite 
700, Rockville, MD 20852, (301) 443-5330.

Chris B. Pascal,
Acting Director, Office of Research Integrity.
[FR Doc. 00-1621 Filed 1-21-00; 8:45 am]
BILLING CODE 4160-17-P