Dana-Farber Cancer Institute Agrees to Pay $15 Million to Settle Fraud Allegations Related to Scientific Research Grants

BOSTON - Dana-Farber Cancer Institute, Inc. (Dana-Farber) has agreed to pay $15 million to resolve allegations that, between 2014 and 2024, it made materially false statements and certifications related to National Institutes of Health (NIH) research grants. Specifically, Dana-Farber admitted that its researchers mispresented data and images that resulted in misinformation about research being published in 14 scientific journal articles.

As part of the settlement, Dana-Farber admitted that publications reused images to represent different experimental conditions; duplicated images to represent different testing conditions, mice, and/or timepoints; or rotated, magnified, or stretched images. Further, Dana-Farber admitted that a supervising researcher failed to exercise sufficient oversight over the researchers responsible for these publications, and that Dana-Farber spent funds from six NIH grants for these publications that were unallowable. As part of the settlement, Dana-Farber also admitted that another researcher received four NIH grants after submitting grant applications that discussed a journal article authored by the researcher, but did not disclose that certain images and data in that article were misrepresented and/or duplicated. The United States contends that Dana-Farber caused the submission of false claims to NIH by falsely certifying compliance with grant terms and conditions, spending grants funds on unallowable expenses, and obtaining grants through false and misleading statements.

"There is no place in scientific research, particularly cancer research, for fraud, waste and abuse, and my office will continue to investigate institutions, no matter how prestigious, to ensure that research data is not tainted and that taxpayer funds are used appropriately. Patients, and the medical community, rely on the important research conducted by institutions like Dana-Farber. It is critical, to say the least, that all research findings are accurately reported," said United States Attorney Leah B. Foley.

"NIH has limited resources to support important research being conducted at institutions across the country," said Assistant Attorney General Brett A. Shumate of the Justice Department's Civil Division. "Today's settlement demonstrates that the Department of Justice will pursue grantees that undermine the integrity of federal funding decisions by failing to use research funds appropriately or by failing to abide by grant awards' terms and conditions."

"The alleged falsification of research data and improper use of federal funds represents a serious breach of public trust and threatens the rigorous standards that uphold the credibility of the scientific process," said Deputy Inspector General for Investigations Christian J. Schrank of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG). "Individuals who violate federal grant-making rules not only risk legal consequences but also compromise the stewardship of taxpayer resources. HHS-OIG remains firmly committed to ensuring accountability and safeguarding the integrity of Department programs."

Dana-Farber is a cancer treatment and research center headquartered in Boston, with locations across Massachusetts and New Hampshire. Dana-Farber receives research grant funding from federal government agencies, including NIH. Dana-Farber cooperated with the government in this matter and received credit under the Department's guidelines for taking disclosure, cooperation, and remediation into account in False Claims Act cases.

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The relator will receive $2,625,000 under today's settlement. The qui tam case is captioned U.S. ex rel. Sholto David v. Dana-Farber Cancer Institute, Inc., No. 2:24-cv-11059-WGY (D. Mass.).

U.S. Attorney Foley; AAG Shumate; and AIG Globerman made the announcement today. Assistant U.S. Attorneys Olivia Benjamin and Brian LaMacchia, Chief of the Affirmative Litigation Unit, handled the matter, along with Trial Attorney Megan Engel of the Civil Division's Commercial Litigation Branch (Fraud Section).