14990 Federal Register / Vol. 74, No. 62 / Thursday, April 2, 2009 / Notices 

firm-wide policies and procedures that 

are designed to allow the institution to 

identify, evaluate, assess, document, 

and control the full range of credit, 

market, operational, legal, and 

reputational risks associated with these 

transactions. These policies may be 

developed specifically for CSFTs, or 

included in the set of broader policies 

governing the institution generally. A 

financial institution operating in foreign 

jurisdictions may tailor its policies and 

procedures as appropriate to account 

for, and comply with, the applicable 

laws, regulations and standards of those 

jurisdictions. 

A financial institution’s policies and 

procedures should establish a clear 

framework for the review and approval 

of individual CSFTs. These policies and 

procedures should set forth the 

responsibilities of the personnel 

involved in the origination, structuring, 

trading, review, approval, 

documentation, verification, and 

execution of CSFTs. A financial 

institution should define what 

constitutes a new complex structured 

finance product and establish a control 

process for the approval of such new 

products. An institution’s policies also 

should provide for new complex 

structured finance products to receive 

the approval of all relevant control areas 

that are independent of the profit center 

before the product is offered to 

customers. 

Board of Governors of the Federal Reserve 

System, March 27, 2009. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E9–7339 Filed 4–1–09; 8:45 am] 

BILLING CODE 6210–01–P 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR Part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The applications also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Additional information on all bank 

holding companies may be obtained 

from the National Information Center 

website at www.ffiec.gov/nic/. 

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than April 27, 2009. 

A. Federal Reserve Bank of Cleveland 

(Nadine Wallman, Vice President) 1455 

East Sixth Street, Cleveland, Ohio 

44101–2566: 

1. Community Exchange Bancshares 

Inc., Hindman, Kentucky; to become a 

bank holding company by acquiring 100 

percent of the voting shares of Hindman 

Bancshares Inc., and its subsidiary Bank 

of Hindman Inc., both of Hindman, 

Kentucky. 

Board of Governors of the Federal Reserve 

System, March 30, 2009. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E9–7406 Filed 4–01–09; 8:45 am] 

BILLING CODE 6210–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

Findings of Scientific Misconduct 

AGENCY: Office of the Secretary, HHS. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the Office of Research Integrity (ORI) 

and the Assistant Secretary for Health 

have taken final action in the following 

case: 

Robert B. Fogel, M.D., Harvard Medical 

School and Brigham and Women’s 

Hospital: Based on information that the 

Respondent volunteered to his former 

mentor on November 7, 2006, and 

detailed in a written admission on 

September 19, 2007, and ORI’s review of 

Joint Inquiry and Investigation reports 

by Harvard Medical School (HMS) and 

the Brigham and Women’s Hospital 

(BWH), the U.S. Public Health Service 

(PHS) found that Dr. Robert B. Fogel, 

former Assistant Professor of Medicine 

and Associate Physician at HMS, and 

former Co-Director of the Fellowship in 

Sleep Medicine at BWH, engaged in 

scientific misconduct in research 

supported by National Heart, Lung, and 

Blood Institute (NHLBI), National 

Institutes of Health (NIH), awards P50 

HL60292, R01 HL48531, K23 HL04400, 

and F32 HL10246, and National Center 

for Research Resources (NCRR), NIH, 

award M01 RR02635. 

PHS found that Respondent engaged 

in scientific misconduct by falsifying 

and fabricating baseline data from a 

study of sleep apnea in severely obese 

patients published in the following 

paper: Fogel, R.B., Malhotra, A., 

Dalagiorgou, G., Robinson, M.K., Jakab, 

M., Kikinis, R., Pittman, S.D., and 

White, D.P. ‘‘Anatomic and physiologic 

predictors of apnea severity in morbidly 

obese subjects.’’ Sleep 2:150–155, 2003 

(hereafter referred to as the ‘‘Sleep 

paper’’); and in a preliminary abstract 

reporting on this work. 

Specifically, PHS found that for the data 

reported in the Sleep paper, the 

Respondent: 

• Changed/falsified roughly half of 

the physiologic data 

• Fabricated roughly 20% of the 

anatomic data that were supposedly 

obtained from Computed Tomography 

(CT) images 

• Changed/falsified 50 to 80 percent 

of the other anatomic data 

• Changed/falsified roughly 40 to 50 

percent of the sleep data so that those 

data would better conform to his 

hypothesis. 

Respondent also published some of 

the falsified and fabricated data in an 

abstract in Sleep 24, Abstract 

Supplement A7, 2001. 

Dr. Fogel has entered into a Voluntary 

Settlement Agreement in which he has 

voluntarily agreed, for a period of three 

(3) years, beginning on March 16, 2009: 

(1) To exclude himself 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; 

(2) That any institution that submits 

an application for PHS support for a 

research project on which the 

Respondent’s participation is proposed 

or that uses the Respondent in any 

capacity on PHS supported research, or 

that submits a report of PHS-funded 

research in which the Respondent is 

involved, must concurrently submit a 

plan for supervision of the Respondent’s 

duties to the funding agency for 

approval; the supervisory plan must be 

designed to ensure the scientific 

integrity of the Respondent’s research 

contribution; a copy of the supervisory 

plan must also be submitted to ORI by 

mstockstill on PROD1PC66 with NOTICES