Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 31955 

the voting shares of Haven Savings 

Bank, Hoboken, New Jersey. 

Board of Governors of the Federal Reserve 

System, July 1, 2009. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E9–15932 Filed 7–2–09; 8:45 am] 

BILLING CODE 6210–01–S 

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 

Web site 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 July 30, 2009. 

A. Federal Reserve Bank of 

Richmond (A. Linwood Gill, III, Vice 

President) 701 East Byrd Street, 

Richmond, Virginia 23261–4528: 

1. Eastern Virginia Bankshares, Inc., 

Tappahannock, Virginia; to acquire 100 

percent of the voting shares of First 

Capital Bancorp, Inc., and thereby 

indirectly acquire voting shares of First 

Capital Bank, both of Glen Allen, 

Virginia. 

B. Federal Reserve Bank of Dallas (E. 

Ann Worthy, Vice President) 2200 

North Pearl Street, Dallas, Texas 75201– 

2272: 

1. A.N.B. Holding Company, Ltd., 

Terrell, Texas; to aquire additional 

voting shares, for a total of 35 percent, 

of The ANB Corporation, and thereby 

indirectly acquire additional voting 

shares of The American National Bank, 

both of Terrell, Texas; Lakeside 

Bancshares, Inc., and Lakeside National 

Bank, both of Rockwall, Texas. 

Board of Governors of the Federal Reserve 

System, June 30, 2009. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E9–15776 Filed 7–2–09; 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: 

Judith M. Thomas, PhD, University of 

Alabama at Birmingham: Based on a 

finding of scientific misconduct made 

by the University of Alabama at 

Birmingham (UAB) on January 24, 2008, 

a report of the UAB Investigation 

Committee, dated November 21, 2007, 

and additional analysis conducted by 

ORI during its oversight review, the U.S. 

Public Health Service (PHS) found that 

Dr. Judith M. Thomas, former Professor 

of Surgery, UAB, engaged in scientific 

misconduct in research supported by 

National Institute of Allergy and 

Infectious Diseases (NIAID), National 

Institutes of Health (NIH), grants R01 

AI22293, R01 AI39793, and U19 

AI056542, National Institute of Diabetes 

and Digestive and Kidney Diseases 

(NIDDK), NIH, grant U19 DK57958, and 

NIH/Novartis Cooperative Research and 

Development Agreement 96–MH–01/ 

NIHITC–0697. 

The objective of the research was to 

test the effectiveness of different agents, 

such as Immunotoxin FN18–CRM9 or 

15-deoxyspergualin (15-DSG), 

administered around the time of renal 

transplantation in non-human primates, 

in preventing rejection of the 

transplanted kidney. To determine 

whether or not the transplanted kidney 

was functioning (able to sustain life) 

after the immunomodulating therapy, 

the animals were to have both of their 

native kidneys removed at or shortly 

after the time of transplant, so that their 

survival would depend solely on the 

viability of the transplanted kidney. It 

was postulated that the use of 

immunomodulating agents would 

increase tolerance of the host animal to 

the grafted kidney and thus eliminate 

the necessity for chronic administration 

of immunosuppressive medications 

commonly required to prevent rejection 

in renal transplant recipients. Failure to 

remove both native kidneys would 

render it impossible to assess the 

effectiveness of the immunomodulating 

treatment, and could give totally 

misleading results, suggesting that the 

treatment worked while in fact survival 

was due entirely to the remaining native 

kidney. 

PHS found that Respondent engaged 

in scientific misconduct by falsifying 

reports of research results in NIHsupported experiments with non-human 

primate (NHP) renal allograft recipients 

in 15 publications and in progress 

reports in two NIH research grant 

applications. Specifically, PHS found 

that: 

1. Respondent falsely reported in 15 

publications that NHP renal allograft 

recipients had received bilateral 

nephrectomies of their native kidneys, 

while in fact many of the animals 

retained an intrinsic kidney. 

Specifically: 

A. Respondent falsely reported in 

eight publications 1 that at least 32 

specific NHPs in a renal 

allotransplantation study had received 

bilateral nephrectomies, while in fact an 

intrinsic kidney was left in place in 

each animal, and generally, in seven 

additional publications,2 Respondent 

falsely reported that all long term 

surviving NHP renal allograft recipients 

had received bilateral nephrectomies of 

their native kidneys. The publications 

referenced are listed separately in the 

endnotes. 

2. In seven publications,3 Respondent 

falsely reported immunomodulating 

treatments given to NHP renal allograft 

recipients by not reporting the 

administration of donor bone marrow to 

seven recipients and not reporting 

administration of cyclosporine A to four 

recipients. She also falsely reported (by 

overstating by 15%) dosages of the 

immunomodulating agents that were 

given and/or duration by overstating the 

exceptionalbriefer duration of 

immunomodulating treatment given to 

four recipients and cited in at least eight 

publications.4

3. In progress reports for NIH research 

awards R01 AI39793 and U19 DK57958, 

Respondent falsely claimed that long 

term surviving (LTS) NHP renal 

mstockstill on PROD1PC66 with NOTICES