In a rare federal prosecution,
a leading government Alzheimer's
researcher was charged with a
criminal conflict of interest
for performing lucrative private
drug company work that overlapped
his official duties.
Prosecutors alleged Dr. Trey Sunderland
of the National
Institutes of Health received
$285,000 in improper consulting fees
and travel expenses from Pfizer, Inc.,
for work on early indicators of Alzheimer's
at the same time he also oversaw similar
NIH business with the drugmaker.
The private consulting "directly
related" to his government job, and
Sunderland failed to obtain the proper
approvals from his supervisors or
disclose the work to NIH, according
to papers filed in U.S. District Court
in Baltimore.
The felony charge carries a maximum
sentence of one year in prison and
a $100,000 fine. Prosecutors filed
the charge as a criminal information,
instead of indictment, signaling the
possibility of a plea deal.
Sunderland did not immediately return
a call to his office Monday seeking
comment. His attorney, Robert Muse,
declined comment.
The prosecution is believed to be
the first such case against a federal
scientist since the early 1990s.
It stemmed from a two-year ethics
controversy at NIH that prompted the
nation's premier medical agency to
issue new rules on consulting and
end such relationships that enrich
its scientists.
Scientists recently told NIH that
the new rules are so strict that many
are considering leaving the agency.
NIH had identified at least 44 government
researchers who improperly made money
moonlighting for biotechnology and
drug companies. Most were given written
or verbal reprimands or were permitted
to retire.
But Sunderland drew the attention
of federal prosecutors and the ire
of Congress when House investigators
revealed his private financial deal
and the fact that he transferred hundreds
of tubes of valuable NIH tissue samples
to Pfizer around the time of his consulting
work.
Sunderland, 55, who heads a geriatric
psychiatry branch at NIH's National
Institute of Mental Health in Bethesda,
Md., is to appear Friday for arraignment.
Sunderland refused to testify before
Congress last June, citing his Fifth
Amendment right against self-incrimination.
Rep. Bart Stupak, D-Mich., a member
of the House Energy and Commerce subcommittee
that launched the probe, said Sunderland
now should be dismissed.
If he is not terminated, Stupak said
in a statement, "We can only conclude
that no one is being held accountable,
the system is broken and the public
trust has been violated."
Prosecutors alleged in Monday's court
filing that during his five-year private
deal with Pfizer, Sunderland "did
participate personally and substantially
as a government employee and officer
... in a particular matter in which,
to the defendant's knowledge, he had
a financial interest."
The conflict began in 1998 when Sunderland
was making arrangements for NIH to
work with Pfizer on an Alzheimer's
project. At the same time, he began
negotiations to be a paid consultant
on the same project, prosecutors allege.
Government scientists are not allowed
to take money for their official collaborations
with private companies.
NIH spokesman John Burklow declined
comment.
Ned Feder, a former NIH scientist
now with the non-profit watchdog group
Project on Government Oversight, said
"in this and similar cases NIH authorities
have made it habit of covering up
or minimizing wrongdoing. They are
still hiding the details of other
scientists' conflicts of interest
over the past 10 years."
Experts said the last prosecution
involving a similar conflict by a
senior government scientist was that
of cancer researcher Prem Sarin. He
was removed from NIH in 1991 in a
probe involving his relationships
and payments from a private company
for research on an
AIDS drug.