MISCONDUCT ALLEGATION WAS MALICIOUS PROSECUTION
RE: NIH GUIDE, Volume 24, Number 42, December 8, 1995


AFFIDAVIT & REBUTTAL TO ORI

I Daniel Bednarik, affirm that I was part of an ORI investigation while working for the CDC in 1990.  The issue was due to an error in one manuscript that caught the eye of a reviewer. There was no fabrication in the submitted manuscript and my supervisor confiscated key laboratory notebooks that contained original raw data demonstrating the work was, in fact, completed, and withheld this information from ORI investigators. Multiple individuals came to my defense, but ORI was unrelenting and maintained that I could not prove the work was actually done.  I exhausted all financial options available to me at that time and I elected to voluntarily exclude myself from applying for grant funding for a period of two years.  At that time, I worked for an individual who was later found breaking biosafety regulations in the laboratory and whose Division Chief was also convicted of misdirecting Congressional funds and subsequently removed from his post (See http://www.cfids.org/advocacy/reeves-statement.asp ). I was one of several people who reported some of these incidents and firmly believe that history has demonstrated I was also the center of a disinformation campaign designed to remove me from the branch.

See separate reports regarding CDC supervisory misconduct -

http://www.cfids.org/advocacy/reeves-statement.asp

http://www.cfs-news.org/scandal.htm

http://listserv.nodak.edu/cgi-bin/wa.exe?A2=ind0002A&L=co-cure&P=R1369 

Since the incident, I have been successful in obtaining external funds, with my co-authorship of the ABN DARPA grant proposal as one example. I have also extensively published in peer-reviewed journals - My roles at Human Genome Sciences, Gene Logic, and Artesian Therapeutics, including venture funding of Artesian via Oxford Bioscience Partners and the State of Maryland Dept. of Business & Economic Development (DBED) also attest to my professional track record and integrity. I also previously indicated this incident to the DARPA Project Manager and General Counsel who further confirmed this to be a "non-issue" with no concern or liability to that agency.  The author of the attached letter is also available to verbally confirm his perception of this incident.

 

To summarize:

1.    The original discrepancy was honest error and not by my own hand.

2.    The laboratory notebooks containing raw data for this manuscript and a subsequent article were confiscated by my supervisor and withheld from ORI officials with malicious intent, thereby preventing me from mounting an appropriate defense.

3.    The ORI could not reproduce the full transcript from this investigation and could not account for the disappearance of transcript deposition content regarding my defense.

4.    No burden of proof was met by the ORI nor could I completely prove my innocence because key materials were withheld - this resulted in my forced decision to voluntarily exclude my application for government funds for 2 years.  I have been subsequently funded and well published.

5.    The ORI recognized that there was no admission on my part and that my 2 year exclusion from applying for funding was voluntarily imposed.

ADDITIONAL SUPPORTIVE PERSPECTIVE:

The attached PDF (below) provides additional perspective describing the incident..

 Available File

Sincerely,

Daniel P. Bednarik, Ph.D.