A former Iowa State University scientist whose research fraud cost the government millions of dollars was sentenced Wednesday to four years and nine months in federal prison.
Dong-Pyou Han, 58, admitted he faked results in AIDS-vaccine experiments, whose supposed success drew up to $20 million in extra federal grants. The case made waves nationally, because it's rare for a scientist to face criminal charges for academic fraud — and even rarer for one to face prison for it.
U.S. District Judge James Gritzner said he believed Han was an otherwise good man who "made a terribly tragic decision, over and over again." The judge said he didn't fear Han would commit more crimes if granted probation instead of prison. However, the judge said, "the court cannot get beyond the breach of the sacred trust in this kind of research. ... The seriousness of this offense is just stunning."
The judge also ordered Han to repay $7.2 million to the National Institutes of Health, and he mentioned the likelihood that Han will be deported back to his native South Korea after prison.
The slight scientist, who was dressed in a gray suit, sat quietly through most of the proceedings, listening to a Korean-language interpreter. At one point, Han stood to read a statement to the judge in halting English. "I deeply regret any and all misconduct," he said. "...I meant no harm to anyone."
Han resigned from ISU in 2013, after other researchers determined he'd mixed human blood products into blood samples from rabbits that had been treated with the experimental AIDS vaccine. The results made it appear the vaccine was protecting the rabbits against HIV, the virus that causes AIDS.
Han's public defender, Joseph Herrold, told the judge the first mix-up of samples was an accident. After that, he said, Han was too ashamed to admit the error to his mentor, ISU biomedical professor Michael Cho. "He's not a con artist. He didn't do this for personal gain," the defense lawyer said. The only benefit for Han was to continue working at ISU, he said.
Herrold said Han continued to alter samples and manipulate data over several years, but always knew the fraud would be uncovered. When other researchers figured out what Han had done, Herrold said, "in some ways, I'm sure it was a massive relief that this was over for him and for everyone."
Herrold noted that Han had no criminal history and has already seen his career shattered. The defense lawyer asked the judge to put him on probation instead of sending him to prison.
Assistant U.S. Attorney Rachel Scherle disputed Herrold's contention that Han didn't gain personally from the fraud. His job as a scientist relied on federal grants continuing to flow to their research team, she said, and his professional reputation was enhanced by the bogus presentations showing the experiments were succeeding.
The prosecutor looked over at the defendant as she spoke to the judge. "Dr. Han is here because he chose to perpetuate his lie, and he did this by engaging in numerous acts of fraud over the years," she said.
Investigators have said the fraud went on for about four years before it was detected. Scherle said Han's subterfuge prevented Cho and others from realizing the experimental vaccine wasn't working. His fraud harmed Cho, the university and the national system of using taxpayers' money to finance crucial scientific research, she said. The National Institutes of Health, which oversees such grants, must be able to trust the results that scientists report, she said. "When that trust is broken, the system breaks down."
Scherle agreed with Han's lawyer that the scientist probably wouldn't commit more crimes if the judge granted probation. But she asked the judge to impose prison time. Such a sentence, she said, would send a message, "that regardless if you have a PhD or not, you're going to be held accountable for your actions."
Han was indicted last summer on four felony counts of making false statements. He pleaded guilty to two of them in February, and agreed to be ordered to repay $7.2 million to the National Institutes of Health. Gritzner ordered him Wednesday to set up a payment plan once he finishes prison, although it was unclear how much of that money the government could expect to collect. Han's current finances are modest enough that he qualified for a public defender.
National experts have said the vast majority of academic-fraud cases are settled quietly. It appeared at first that Han's would be handled that way. After his misdeeds were discovered, he agreed to resign from ISU and be banned for three years from participating in federally financed research. No one from the university or from the National Institutes of Health alerted law enforcement authorities, documents the Register obtained under the Freedom of Information laws showed. But after the scandal made headlines, the U.S. attorney's office pursued an indictment.
As a result of the fraud, ISU had to repay $496,000 to the federal government. Federal officials also canceled $1.4 million in grants that had not yet been paid. A university spokesman said this week that Cho's team continues to work on vaccine development. He has a $300,000 grant and has 10 other grant proposals pending, the spokesman said. The team includes three other faculty scientists.
http://www.desmoinesregister.com/st...e-scientist-aids-vaccine-fraud-case/29560297/
Dong-Pyou Han, 58, admitted he faked results in AIDS-vaccine experiments, whose supposed success drew up to $20 million in extra federal grants. The case made waves nationally, because it's rare for a scientist to face criminal charges for academic fraud — and even rarer for one to face prison for it.
U.S. District Judge James Gritzner said he believed Han was an otherwise good man who "made a terribly tragic decision, over and over again." The judge said he didn't fear Han would commit more crimes if granted probation instead of prison. However, the judge said, "the court cannot get beyond the breach of the sacred trust in this kind of research. ... The seriousness of this offense is just stunning."
The judge also ordered Han to repay $7.2 million to the National Institutes of Health, and he mentioned the likelihood that Han will be deported back to his native South Korea after prison.
The slight scientist, who was dressed in a gray suit, sat quietly through most of the proceedings, listening to a Korean-language interpreter. At one point, Han stood to read a statement to the judge in halting English. "I deeply regret any and all misconduct," he said. "...I meant no harm to anyone."
Han resigned from ISU in 2013, after other researchers determined he'd mixed human blood products into blood samples from rabbits that had been treated with the experimental AIDS vaccine. The results made it appear the vaccine was protecting the rabbits against HIV, the virus that causes AIDS.
Han's public defender, Joseph Herrold, told the judge the first mix-up of samples was an accident. After that, he said, Han was too ashamed to admit the error to his mentor, ISU biomedical professor Michael Cho. "He's not a con artist. He didn't do this for personal gain," the defense lawyer said. The only benefit for Han was to continue working at ISU, he said.
Herrold said Han continued to alter samples and manipulate data over several years, but always knew the fraud would be uncovered. When other researchers figured out what Han had done, Herrold said, "in some ways, I'm sure it was a massive relief that this was over for him and for everyone."
Herrold noted that Han had no criminal history and has already seen his career shattered. The defense lawyer asked the judge to put him on probation instead of sending him to prison.
Assistant U.S. Attorney Rachel Scherle disputed Herrold's contention that Han didn't gain personally from the fraud. His job as a scientist relied on federal grants continuing to flow to their research team, she said, and his professional reputation was enhanced by the bogus presentations showing the experiments were succeeding.
The prosecutor looked over at the defendant as she spoke to the judge. "Dr. Han is here because he chose to perpetuate his lie, and he did this by engaging in numerous acts of fraud over the years," she said.
Investigators have said the fraud went on for about four years before it was detected. Scherle said Han's subterfuge prevented Cho and others from realizing the experimental vaccine wasn't working. His fraud harmed Cho, the university and the national system of using taxpayers' money to finance crucial scientific research, she said. The National Institutes of Health, which oversees such grants, must be able to trust the results that scientists report, she said. "When that trust is broken, the system breaks down."
Scherle agreed with Han's lawyer that the scientist probably wouldn't commit more crimes if the judge granted probation. But she asked the judge to impose prison time. Such a sentence, she said, would send a message, "that regardless if you have a PhD or not, you're going to be held accountable for your actions."
Han was indicted last summer on four felony counts of making false statements. He pleaded guilty to two of them in February, and agreed to be ordered to repay $7.2 million to the National Institutes of Health. Gritzner ordered him Wednesday to set up a payment plan once he finishes prison, although it was unclear how much of that money the government could expect to collect. Han's current finances are modest enough that he qualified for a public defender.
National experts have said the vast majority of academic-fraud cases are settled quietly. It appeared at first that Han's would be handled that way. After his misdeeds were discovered, he agreed to resign from ISU and be banned for three years from participating in federally financed research. No one from the university or from the National Institutes of Health alerted law enforcement authorities, documents the Register obtained under the Freedom of Information laws showed. But after the scandal made headlines, the U.S. attorney's office pursued an indictment.
As a result of the fraud, ISU had to repay $496,000 to the federal government. Federal officials also canceled $1.4 million in grants that had not yet been paid. A university spokesman said this week that Cho's team continues to work on vaccine development. He has a $300,000 grant and has 10 other grant proposals pending, the spokesman said. The team includes three other faculty scientists.
http://www.desmoinesregister.com/st...e-scientist-aids-vaccine-fraud-case/29560297/
