[Federal Register Volume 76, Number 111 (Thursday, June 9, 2011)]
[Notices]
[Pages 33763-33764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14273]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Findings of Misconduct in Science/Research Misconduct

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

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SUMMARY: Notice is hereby given that on May 16, 2011, the Department of 
Health and Human Services (HHS) Debarring Official, on behalf of the 
Secretary of HHS, issued a final notice of debarment based on the 
misconduct in science and research misconduct findings of the Office of 
Research Integrity (ORI) in the following case:
    Philippe Bois, Ph.D., St. Jude Children's Research Hospital: Based 
on the findings of an investigation report by St. Jude Children's 
Research Hospital (St. Jude) and additional analysis conducted by ORI 
during its oversight review, ORI found that Philippe Bois, Ph.D., 
former postdoctoral fellow, Department of Biochemistry, St. Jude, 
engaged in misconduct in science and research misconduct in research 
funded by National Institute of General Medical Sciences (NIGMS), 
National Institutes of Health (NIH), grant R01 GM071596, and National 
Cancer Institute (NCI), NIH, grants P30 CA021765, P01 CA071907, R01 
CA072996, and R01 CA100603.
    ORI found that the Respondent knowingly and intentionally falsified 
data reported in two (2) papers:

1. Bois, P.R., Izeradjene, K., Houghton, P.J., Cleveland, J.L., 
Houghton, J.A., & Grosveld, C.G. ``FOXO1a acts as a selective tumor 
suppressor in alveolar rhabdomyosarcoma.'' J. Cell. Biol. 170:903-912, 
September 2005 (hereafter referred to as ``JCB 2005''); and
2. Bois, P.R., Borgon, R.A., Vornhein, C., & Izard, T. ``Structural 
dynamics of [alpha]-actinin-vinculin interactions.'' Mol. Cell. Biol. 
25:6112-6122, July 2005 (hereafter referred to as ``MCB 2005'').

    Specifically, ORI found:
     Respondent committed misconduct in science and research 
misconduct by knowingly and intentionally falsely reporting in Figure 
1A of JCB 2005 that FOXO1a was not expressed in cell lysates from 
alveolar rhabdomyosarcoma (ARMS) tumor biopsies, by selecting a 
specific FOXO1a immunoblot to show the desired result.
     Respondent engaged in misconduct in science and research 
misconduct by falsifying data presented in Figure 4B of MCB 2005 
showing SDS-PAGE for papain digestion of VBS3 and [alpha]VBS, by 
falsely labeling lane 1 to represent papain only digestion, by falsely 
labeling lane 5 to represent papain digestion of the [alpha]VBS 
peptide, and by falsely inserting a band in lane 3 to represent the 
[alpha]VBS peptide.
    ORI issued a charge letter enumerating the above findings of 
misconduct in science and proposing HHS administrative actions. Dr. 
Bois subsequently requested a hearing before an Administrative Law 
Judge (ALJ) of the Departmental Appeals Board (DAB) to dispute these 
findings. ORI moved to dismiss Dr. Bois' hearing request. On May 16, 
2011, the ALJ of the DAB ruled in ORI's favor and dismissed Dr. Bois' 
hearing request. The ALJ found that Dr. Bois had not raised a genuine 
dispute over facts or law material to the findings of research 
misconduct and dismissed the hearing request pursuant to 42 CFR 
93.504(a)(2), (3).
    Thus, the misconduct in science and research misconduct findings 
set forth above became effective, and the following administrative 
actions have been implemented for a period of three (3) years, 
beginning on May 26, 2011:
    (1) Dr. Bois is debarred from eligibility for any contracting or 
subcontracting with any agency of the United States Government and from 
eligibility for, or involvement in, nonprocurement programs of the 
United States Government, referred to as ``covered transactions,'' 
pursuant to HHS' Implementation of OMB Guidelines to Agencies on

[[Page 33764]]

Governmentwide Debarment and Suspension (2 CFR 376 et seq.); and
    (2) Dr. Bois is prohibited from serving in any advisory capacity to 
the U.S. Public Health Service (PHS), including but not limited to 
service on any PHS advisory committee, board, and/or peer review 
committee, or as a consultant.

FOR FURTHER INFORMATION CONTACT: Director, Division of Investigative 
Oversight, Office of Research Integrity, 1101 Wootton Parkway, Suite 
750, Rockville, MD 20852, (240) 453-8800.

John Dahlberg,
Director, Division of Investigative Oversight, Office of Research 
Integrity.
[FR Doc. 2011-14273 Filed 6-8-11; 8:45 am]
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