58968 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices 

• Respondent falsified Figure 1A by 

cutting out lanes and relocating them, 

wild type GCNF lanes 7 and 8 of the 

original data becoming lanes 1 and 2 

in the published figure; the effect of 

the falsification was to demonstrate 

the inverse correlation with 

expression of Oct4, which did not 

appear to be confirmed in a repeat of 

the experiment. 

• Respondent falsified Figure 4A by 

switching the 6 hour and 12 hour 

Oct4 expression data in the wild type 

embryonic stem cells (these falsified 

data also appear in Figure 5B). 

Dr. Gu has entered into a Voluntary 

Settlement Agreement (Agreement) in 

which she has voluntarily agreed, for a 

period of three (3) years, beginning on 

September 12, 2008: 

(1) To exclude herself 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 or contractor to 

PHS; and 

(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 

monitoring of the Respondent’s 

research to the funding agency and 

ORI for approval. The monitoring 

plan must be designed to ensure the 

scientific integrity of the respondent’s 

research contribution. Respondent 

agreed that she will not participate in 

any PHS-supported research until 

such a monitoring plan is submitted 

to ORI and the funding agency. 

Dr. Gu also agreed that she would 

immediately cooperate with BCM 

officials to request retraction of the MBD 

paper. In the retraction letter, she will 

state that she alone was responsible for 

the falsification and fabrication of some 

of the data reported in the paper. 

FOR FURTHER INFORMATION CONTACT: 

Director, Division of Investigative 

Oversight, Office of Research Integrity, 

1101 Wootton Parkway, Suite 750, 

Rockville, MD 20852, (240) 453–8800. 

Chris B. Pascal, 

Director, Office of Research Integrity. 

[FR Doc. E8–23819 Filed 10–7–08; 8:45 am] 

BILLING CODE 4150–31–P 

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: 

Kirk Sperber, M.D., Mount Sinai 

School of Medicine: Based on the report 

of an investigation conducted by the 

Mount Sinai School of Medicine 

(MSSM) and additional analysis 

conducted by the Office of Research 

Integrity (ORI) in its oversight review, 

the U.S. Public Health Service (PHS) 

found that Dr. Kirk Sperber, former 

Associate Professor, Department of 

Medicine, Division of Clinical 

Immunology, MSSM, engaged in 

scientific misconduct while supported 

by National Institute of Allergy and 

Infectious Diseases (NIAID), National 

Institutes of Health (NIH), grants R01 

AI45343 and P01 AI44236, and National 

Cancer Institute, NIH, grant R29 

CA256990. 

PHS finds the Respondent engaged in 

scientific misconduct by falsifying and 

fabricating data that were included in 

NIAID, NIH, grant applications R01 

AI45343–01A1, R01 AI45343–04A2, and 

P01 AI44236–05. Respondent’s 

scientific misconduct occurred while he 

was a faculty member at MSSM. 

Respondent is no longer employed at 

MSSM. 

Specifically, PHS found that 

Respondent engaged in scientific 

misconduct by falsifying and fabricating 

data in the following publications: 

1. In multiple figures reported in 

Sperber, K., Beuria, P., Singha, N., 

Gelman, I., Cortes, P., Chen, H., & Kraus, 

T. ‘‘Induction of apoptosis by HIV–1– 

infected monocytic cells.’’ Journal of 

Immunology 170:1566–1578, 2003 

(‘‘2003 J. Immunol. paper’’) (Retracted 

in December 2005); by duplicating and 

reusing panels of FACS data in Figures 

1A, 2, 4A, 4B, and 7; by duplicating and 

reusing lanes of polyacrylamide gels in 

Figure 3, of Western blot analyses in 

Figures 5A, 5C, 6C, and 9, and of 

agarose gels in PCR analyses in Figure 

5B; and by duplicating and reusing laser 

confocal micrographs in Figures 10 and 

11. Respondent’s claims that Figures 

1A, 2, 4A, and 7 were representative of 

experiments repeated five times and 

that Figures 3, 4B, 5A, 6C, and 9 were 

representative of experiments repeated 

three times constitute additional 

falsifications. The effect of these 

misrepresentations was to falsely 

demonstrate the proapoptotic activity of 

a protein from a novel cDNA clone 

isolated from an HIV-infected human 

macrophage cell line and to falsify its 

presence in brain and lymphoid tissue 

from patients with HIV-associated 

dementia. 

2. In Figure 10 reported in RakoffNahoum, S., Chen, H., Kraus, T., George, 

I., Oei, E., Tyorlin, M., Salik, E., Beuria, 

P., & Sperber, K. ‘‘Regulation of Class II 

Expression in Monocytic Cells after 

HIV–1 Infection.’’ J. Immunol. 

167:2331–2342, 2001 (Retracted in 

November 2006), by duplicating and 

reusing four confocal micrographs to 

misrepresent different panels for the 

Cath D, 43pol and CD–63, 43neve data; 

for the Cath D, 43gag and Cath D, 43nef 

data; for the DAMP, 43 nef and M6PR, 

43nef data; and for the M6PR, 43gag and 

the CD–63, 43gag data. Respondent’s 

reported claim that the results were 

representative of an experiment 

repeated five times constitutes an 

additional falsification. 

3. In Figures 3B, 4B, and 6B reporting 

flow cytometry analyses (FACS) in 

Chen, H., Yip, Y.K., George, I., Tyorkin, 

M., Salik, E., & Sperber, K. ‘‘Chronically 

HIV–1–Infected Monocytic Cells Induce 

Apoptosis in Cocultured T Cells.’’ J. 

Immunol. 161:4257–4267, 1998 

(Retracted in November 2006); by 

reusing two FACS histograms, each to 

represent 2 different experiments in 

Figure 3B; by reusing the same FACS 

histogram as the negative control for 

CD–4 cells and for the CD–8 cells in 

Figure 4B; and by duplications of the 

top two panels, the middle two panels, 

and the bottom two panels of data as 

graded dilutions of different fractions in 

Figure 6B to falsely show that a soluble 

factor from 43HIV cells induced 

apoptosis. Figure 6B was also presented 

in grant application AI45343–01A1 as 

Figure 5B. Respondent’s reported claims 

that the results in Figures 3B, 4B, and 

6B were each representative of 

experiments that were repeated three 

times constitute additional 

falsifications. 

PHS also finds that Respondent 

engaged in scientific misconduct by 

falsifying and fabricating the following 

data in NIAID, NIH, research 

applications R01 AI45343–04A2 and 

P01 AI44236–05: 

4. The results of Figures 1, 6C, 7, 9, 

10 and 11 from the 2003 J. Immunology 

paper were reported in NIAID, NIH, 

grant application R01 AI45343–04A2; 

nearly all of the figures in the paper 

were falsified, so that the claims in the 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices 58969 

grant application derived from those 

figures were also false. 

5. Two figures in NIAID, NIH, grant 

application P01 AI44236–05 contained 

falsified data: In Figure 1b, panels of 

confocal microscopy images of 

intestinal biopsies from four patients 

were falsified by duplication; and in 

Figure 3, one panel of PCR data was 

duplicated and similarly misrepresented 

as data from the same four biopsy 

specimens. 

Dr. Sperber has entered into a 

Voluntary Exclusion Agreement in 

which he neither admitted or denied 

HHS’ findings of scientific misconduct. 

However, he recognized that if this 

matter were to proceed to an 

administrative hearing, there is 

sufficient evidence upon which an 

Administrative Law Judge could make 

findings of scientific misconduct against 

him. Dr. Sperber agreed not to contest 

or appeal the jurisdiction of the PHS or 

HHS findings of scientific misconduct 

as set forth above and in the MSSM 

Report. Dr. Sperber has voluntarily 

agreed, for a period of four (4) years, 

beginning on September 12, 2008: 

(1) To exclude himself from any 

contracting or subcontracting with any 

agency of the United States Government 

and from eligibility or involvement in 

nonprocurement programs of the United 

States pursuant to HHS’ Implementation 

(2 CFR Part 376 et seq.) of OMB 

Guidelines to Agencies on Government 

wide Debarment and Suspension (2 

C.F.R., Part 180); and 

(2) 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 or 

contractor to PHS. 

FOR FURTHER INFORMATION CONTACT: 

Director, Division of Investigative 

Oversight, Office of Research Integrity, 

1101 Wootton Parkway, Suite 750, 

Rockville, MD 20852, (240) 453–8800. 

Chris B. Pascal, 

Director, Office of Research Integrity. 

[FR Doc. E8–23820 Filed 10–7–08; 8:45 am] 

BILLING CODE 4150–31–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Breast and Cervical Cancer Early 

Detection and Control Advisory 

Committee: Notice of Charter Renewal 

This gives notice under the Federal 

Advisory Committee Act (Pub. L. 92– 

463) of October 6, 1972, that the Breast 

and Cervical Cancer Early Detection and 

Control Advisory Committee, 

Department of Health and Human 

Services, has been renewed for a 2-year 

period through September 12, 2010. 

For information, contact Debra 

Younginer, Executive Secretary, Breast 

and Cervical Cancer Early Detection and 

Control Advisory Committee, 

Department of Health and Human 

Services, 4770 Buford Highway, NE., 

Mailstop K57, Chamblee, Georgia 30341, 

telephone (770) 488–1074; fax (770) 

488–3230. 

The Director, Management Analysis 

and Services Office, has been delegated 

the authority to sign Federal Register 

notices pertaining to announcements of 

meetings and other committee 

management activities, for both the 

Centers for Disease Control and 

Prevention and the Agency for Toxic 

Substances and Disease Registry. 

Dated: October 1, 2008. 

Elaine L. Baker, 

Director, Management Analysis and Services 

Office, Centers for Disease Control and 

Prevention. 

[FR Doc. E8–23815 Filed 10–7–08; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Task Force on Community Preventive 

Services 

In accordance with section 10(a)(2) of 

the Federal Advisory Committee Act 

(Pub. L. 92–463), the Centers for Disease 

Control and Prevention (CDC) 

announces the following meeting: 

Name: Task Force on Community 

Preventive Services. 

Times and Dates: 8 a.m.–6 p.m. EST, 

October 22, 2008; 8 a.m.–1 p.m. EST, October 

23, 2008. 

Place: Centers for Disease Control and 

Prevention, 2500 Century Parkway, Atlanta, 

Georgia 30345. 

Status: Open to the public, limited only by 

the space available. 

Purpose: The mission of the Task Force is 

to develop and publish the Guide to 

Community Preventive Services (Community 

Guide), which consists of systematic reviews 

of the best available scientific evidence and 

associated recommendations regarding what 

works in the delivery of essential public 

health services. 

Topics include: 

• Sexual Behavior: Group-based 

interventions to reduce adolescent 

pregnancy, HIV, and other Sexually 

Transmitted Diseases. 

• Vaccine Preventable Diseases: 

Interventions to reduce out-of-pocket costs. 

• Vaccine Preventable Diseases: 

Immunization Information Systems. 

• Physical Activity Updates. 

Agenda items are subject to change as 

priorities dictate. 

Persons interested in reserving a space for 

this meeting should call Charmen Crawford 

at 404. 498.2498 by close of business on 

October 17, 2008. 

Contact person for additional information: 

Charmen Crawford, Coordinating Center for 

Health Information and Services, National 

Center for Health Marketing, Office of the 

Director, Centers for Disease Control and 

Prevention, 1600 Clifton Road, M/S E–69, 

Atlanta, GA 30329, phone: 404.4982498. 

Dated: September 30, 2008. 

James D. Seligman, 

Chief Information Officer, Centers for Disease 

Control and Prevention. 

[FR Doc. E8–23814 Filed 10–7–08; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

Proposed Information Collection 

Activity; Comment Request 

Proposed Projects 

Title: Head Start Grants 

Administration (45 CFR Part 1301). 

OMB No.: 0980–0243. 

Description: 45 CFR contains 

provisions applicable to program 

administration and grants 

administration under the Head Start 

Act, as amended. The provisions specify 

the requirements for grantee agencies for 

insurance, bonding, the submission of 

audits, matching of federal funds, 

accounting systems certifications and 

other provisions applicable to personnel 

administration. 

Respondents: Head Start and Early 

Start grantees. 


jlentini on PROD1PC65 with NOTICES