[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Pages 16370-16371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07782]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Findings of Research Misconduct

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

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SUMMARY: Notice is hereby given that on April 2, 2018, 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 
findings of research misconduct made by the Office of Research 
Integrity (ORI) against H.M. Krishna Murthy, Ph.D., former Research 
Associate Professor, Department of Vision Sciences, University of 
Alabama at Birmingham (UAB).
    Dr. Murthy engaged in research misconduct in research supported by 
U.S. Public Health Service (PHS) grants, specifically National 
Institute of Allergy and Infectious Diseases (NIAID), National 
Institutes of Health (NIH), grants R01 AI051615, R01 AI032078, and R01 
AI045623; National Heart, Lung, and Blood Institute (NHLBI), NIH, 
grants P01 HL034343 and R01 HL064272; and National Institute of 
Diabetes and Digestive and Kidney Diseases (NIDDK), NIH, grant R01 
DK046900. The administrative actions, including ten (10) years of 
debarment, were implemented beginning on April 2, 2018, and are 
detailed below.

FOR FURTHER INFORMATION CONTACT:  Wanda K. Jones, Dr.P.H., Interim 
Director, Office of Research Integrity, 1101 Wootton Parkway, Suite 
750, Rockville, MD 20852, (240) 453-8200.

SUPPLEMENTARY INFORMATION: Notice is hereby given that HHS has taken 
final action in the following case:
    H.M. Krishna Murthy, Ph.D., University of Alabama at Birmingham: 
Based on evidence and findings of an investigation conducted by UAB, 
ORI's review of UAB's investigation, and additional evidence obtained 
and analysis conducted by ORI in its oversight review of UAB's 
investigation, ORI found that Dr. H.M. Krishna Murthy (Respondent), 
former Research Associate Professor, Department of Vision Sciences, 
UAB, committed research misconduct in research supported by PHS grants, 
specifically NIAID, NIH, grants R01 AI051615, R01 AI032078, and R01 
AI045623; NHLBI, NIH, grants P01 HL034343 and R01 HL064272; and NIDDK, 
NIH, grant R01 DK046900.
    Falsified and/or fabricated research was reported in:

 Nature 444:221-225, 2006 (hereafter referred to as ``Nature 
2006''); retracted in: Nature 532:268, 2016 April 14
 J. Biol. Chem. 274:5573-5580, 1999 (hereafter referred to 
as ``J. Biol. Chem. 1999''); retracted in: J. Biol. Chem. 284:34468, 
2009
 Proc. Natl. Acad. Sci. USA 101:8924-8929, 2004 (hereafter 
referred to as ``PNAS 2004''); Editorial Expression of Concern in: 
PNAS 107:6551, 2010 April 6
 Biochem. 44:10757-10765, 2005 (hereafter referred to as 
``Biochem. 2005'')
 Proc. Natl. Acad. Sci. USA 103:2126-2131, 2006 (hereafter 
referred to as ``PNAS 2006''); Editorial Expression of Concern in: 
PNAS 107:6551, 2010 April 6
 Acta Cryst. D55:1971-1977, 1999 (hereafter referred to as 
``Acta Cryst. 1999''); retracted in: Acta Cryst. D66:222, 2010
 J. Mol. Biol. 301:759-767, 2000 (hereafter referred to as 
``J. Mol. Biol. 2000''); retracted in: J. Mol. Biol. 397:1119, 2010
 Cell 104:301-311, 2001 (hereafter referred to as ``Cell 
2001'')
 Biochem. 41:11681-11691, 2002 (hereafter referred to as 
``Biochem. 2002'')
 Protein Data Bank (PDB) identification codes 2HR0, 1BEF, 
1RID, 1Y8E, 2A01, 1CMW, 2QID, 1DF9, 1G40, 1G44, 2OU1, and 1L6L (the 
PDB is funded in part by NIH)

    Falsified and/or fabricated research results also were 
referenced in the following PHS grant applications:

 1 R21 AI056224-01 submitted to NIAID, NIH
 1 R01 AI064509-01 submitted to NIAID, NIH
 1 R01 AI64509-01A1 submitted to NIAID, NIH
 1 R01 AI051615-01A1 submitted to NIAID, NIH
 1 R03 TW006840-01 submitted to Fogarty International Center 
(FIC), NIH


[[Page 16371]]


    ORI found by a preponderance of the evidence that Respondent 
intentionally, knowingly, or recklessly engaged in research misconduct 
by falsifying and/or fabricating X-ray crystallographic data for eleven 
(11) protein structures and falsely reporting them as experimentally 
derived from X-ray diffraction experiments in nine (9) publications and 
in twelve (12) deposits in the PDB. ORI found that Respondent 
intentionally, knowingly, or recklessly falsified and/or fabricated the 
PDB coordinate files deposited for all of the eleven (11) structures 
(PDB entries 2HR0, 1BEF, 1RID, 1Y8E, 2A01, 1CMW, 1G40, 1G44, 2OU1, 
1L6L, 2QID, and 1DF9) and the X-ray diffraction data (structure 
factors) corresponding to six (6) of the eleven (11) structures (PDB 
entries 2HR0, 1BEF, 1RID, 1Y8E, 2A01, and 1CMW).
    Specifically, Respondent falsified and/or fabricated:

 The protein crystal structure of complement component C3b 
reported in Nature 2006 and the corresponding structure factors and 
coordinate file deposited in the PDB for entry 2HR0
 the protein crystal structure of dengue virus NS3 serine 
protease reported in J. Biol. Chem. 1999 and the corresponding 
structure factors and coordinate file deposited in the PDB for entry 
1BEF
 the protein crystal structure of vaccinia virus complement 
control protein (VCP) in complex with heparin reported in PNAS 2004 and 
the corresponding structure factors and coordinate file deposited in 
the PDB for entry 1RID
 the protein crystal structure of VCP in complex with suramin 
(VCP-suramin) reported in Biochem. 2005 and the corresponding structure 
factors and coordinate file deposited in the PDB for entry 1Y8E
 the protein crystal structure of apolipoprotein A-I reported 
in PNAS 2006 and the corresponding structure factors and coordinate 
file deposited in the PDB for entry 2A01
 the protein crystal structure of Taq DNA polymerase reported 
in Acta Cryst. 1999 and the corresponding structure factors and 
coordinate file deposited in the PDB for entry 1CMW
 the protein crystal structure of VCP crystal form I reported 
in Cell 2001 and the corresponding coordinate files deposited in the 
PDB for entry 1G40
 the protein crystal structure of VCP crystal form II reported 
in Cell 2001 and the corresponding coordinate file deposited in the PDB 
for entry 1G44
 the protein crystal structure of apolipoprotein A-II reported 
in Biochem. 2002 and the corresponding coordinate file deposited in the 
PDB for entry 2OU1
 the protein crystal structure of apolipoprotein A-II in 
complex with [beta]-octyl glucoside reported in Biochem. 2002 and the 
corresponding coordinate file deposited in the PDB for entry IL6L
 the protein crystal structure of dengue virus NS3 protease in 
complex with a Bowman-Birk inhibitor reported in J. Mol. Biol. 2000 and 
the corresponding coordinate files deposited in the PDB for entries 
2QID and 1DF9

    ORI issued a charge letter enumerating the above findings of 
research misconduct and proposing HHS administrative actions. 
Respondent subsequently requested a hearing before an Administrative 
Law Judge (ALJ) of the Departmental Appeals Board to dispute these 
findings. ORI filed a motion for summary judgment, which Respondent 
opposed. On January 19, 2018, the ALJ issued a recommended decision to 
the Acting Assistant Secretary for Health (ASH) granting summary 
judgment in favor of ORI and sustaining ORI's proposal to impose a ten-
year debarment and a ten-year ban on PHS advisory services against 
Respondent as well as correction of Respondent's research record. The 
Acting ASH served a copy of the ALJ's recommended decision on the HHS 
Debarring Official pursuant to 42 CFR 93.523(c), and the decision 
constituted the findings of fact to the HHS Debarring Official in 
accordance with 2 CFR 180.845(c). On April 2, 2018, the HHS Debarring 
Official issued a final notice of debarment to begin on April 2, 2018, 
and end on April 1, 2028. Thus, the research misconduct findings set 
forth above became effective, and the following administrative actions 
have been implemented, beginning on April 2, 2018:
    (1) Dr. Murthy is debarred for a period of ten (10) years 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 (2 CFR part 
376) of Office of Management and Budget (OMB) Guidelines to Agencies on 
Governmentwide Debarment and Suspension (2 CFR part 180);
    (2) Dr. Murthy is prohibited 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 period of ten (10) years; and
    (3) ORI will send a notice to the pertinent journals of the 
following publications that require retraction or correction and to the 
PDB for the following entries that require obsolescence, in accordance 
with 42 CFR 93.407(a)(1) and 93.411(b):

--Cell 104:301-311, 2001
--Biochem. 41:11681-11691, 2002
--Proc. Natl. Acad. Sci. USA 101:8924-8929, 2004
--Biochem. 44:10757-10765, 2005
--Proc. Natl. Acad. Sci. USA 103:2126-2131, 2006
--PDB entries 1RID, 1Y8E, 2A01, 1G40, 1G44, 2OU1, and 1L6L

Wanda K. Jones,
Interim Director, Office of Research Integrity.
[FR Doc. 2018-07782 Filed 4-13-18; 8:45 am]
 BILLING CODE 4150-31-P