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Incarceration, Restitution, and Lifetime Debarment: Legal Consequences of Scientific Misconduct in the Eric Poehlman Case : Commentary on: "Scientific Forensics: How the Office of Research Integrity can Assist Institutional Investigations of Research Misc

23:32 EDT 21st May 2013 | BioPortfolio

Summary of "Incarceration, Restitution, and Lifetime Debarment: Legal Consequences of Scientific Misconduct in the Eric Poehlman Case : Commentary on: "Scientific Forensics: How the Office of Research Integrity can Assist Institutional Investigations of Research Misc"

Following its determination of a finding of scientific misconduct the Office of Research Integrity (ORI) will seek redress for any injury sustained. Several remedies both administrative and statutory may be available depending on the strength of the evidentiary findings of the misconduct investigation. Pursuant to federal regulations administrative remedies are primarily remedial in nature and designed to protect the integrity of the affected research program, whereas statutory remedies including civil fines and criminal penalties are designed to deter and punish wrongdoers. This commentary discusses the available administrative and statutory remedies in the context of a specific case, that of former University of Vermont nutrition researcher Eric Poehlman, and supplies a possible rationale for the legal result.

Affiliation

Attorney at Law, 2608 Cardinal Circle, Birmingham, AL, 35243, USA, stilden@att.net.

Journal Details

This article was published in the following journal.

Name: Science and engineering ethics
ISSN: 1471-5546
Pages:

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Medical and Biotech [MESH] Definitions

Scientific Misconduct

Intentional falsification of scientific data by presentation of fraudulent or incomplete or uncorroborated findings as scientific fact.

Drug Users

People who take drugs for a non-therapeutic or non-medical effect. The drugs may be legal or illegal, but their use often results in adverse medical, legal, or social consequences for the users.

United States Office Of Research Integrity

An office of the UNITED STATES PUBLIC HEALTH SERVICE organized in June 1992 to promote research integrity and investigate misconduct in research supported by the Public Health Service. It consolidates the Office of Scientific Integrity of the National Institutes of Health and the Office of Scientific Integrity Review in the Office of the Assistant Secretary for Health.

Prenatal Exposure Delayed Effects

The consequences of exposing the FETUS in utero to certain factors, such as NUTRITION PHYSIOLOGICAL PHENOMENA; PHYSIOLOGICAL STRESS; DRUGS; RADIATION; and other physical or chemical factors. These consequences are observed later in the offspring after BIRTH.

Lawyers

Persons whose profession is to give legal advice and assistance to clients and represent them in legal matters. (American Heritage Dictionary, 3d ed)

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