Novel Application Of Federal Law To Scientific Fraud Worries Universities And Reinvigorates Whistleblowers

A federal law written with corrupt Department of Defense contractors in mind has become a serious concern for university administrators, while at the same time giving scientific-fraud whistleblowers new hope for success in pressing their charges. BREAKING NEW GROUND: Scientist-lawyer Eugene Dong first saw the scientific fraud aspects of the False Claims Act. The False Claims Act, also known as the Lincoln Law, was passed in 1863 and amended more than a century later, in 1986. Originally, the

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Eugene Dong BREAKING NEW GROUND: Scientist-lawyer Eugene Dong first saw the scientific fraud aspects of the False Claims Act.

While several parties firmly support or oppose the act, some feel the problems of and solution to research fraud lie not in litigation but in the way academic institutions deal with it, and respond to whistleblowers' concerns.

"The more a concerned individual feels that he or she is likely to get a fair and appropriate hearing within the institution, the more they will stay within institutional procedures," says C.K. Gunsalus, associate vice chancellor for academic affairs at the University of Illinois, which is not one of the small handful of universities targeted with a False Claims Act suit to date. "To the extent that their perception--for whatever reason--is that fair, objective, credible procedures are not available within the institution, they'll turn to this mechanism."

At stake for academic institutions is the risk of ...

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