Adam Marcus, Agustin Armendariz, American Association of Cancer Research, Anonymous Commenter, Carlo Croce, Character Assassination, Clare Francis, Corruption, Data Fabrication, Data Falsification, Defamation, Defamation lawsuit, Fernando Pessoa (Retraction Watch), First Amendment to US Constitution, Fraud, Ivan Oransky, James Glanz, New York Times, NIH funding, Office of Research Integrity, Ohio Southern District Court, Ohio State University, Paul S. Thaler, Post Publication Peer Review Scam, PubPeer, Reporting Retractions, Reputation Damage, Retraction Watch, Scientific corruption, Scientific Integrity, Scientific Misconduct, Scientific publication

Carlo Croce sued The New York Times; he should not spare Retraction Watch

Carlo M. Croce is a towering figure in cancer genetics. His discovery of the molecular mechanisms in leukemia and other malignancies places him in the league of pioneers in the field like Janet Rowley. Croce’s peers have recognized his contributions, elected him to the US National Academy of Science in 1996 and showered him with prizes. Notwithstanding his success, concerns about the integrity of Croce’s work are surfacing and certain people seem to be now investing in his downfall. A while back, MIT Nobel laureate Philip Sharp praised him but detected some sloppiness in his work, while UC Berkeley Nobel laureate Randy Schekman claimed that as editor he became aware of certain allegations concerning Croce’s research published in the Proceedings of the National Academy of Sciences.

 

InBev+Baillet+Latour+Awards+de+la+Sante+2013+rT6H1wjTGQHl

The 2013 prize of the Artois-Baillet Latour Foundation given by HRH The Queen of Belgium to Carlo M. Croce.

Croce’s fall from grace happened when he was defamed in an article published in the New York Times on March 8 of this year. The authors of the article, James Glanz and Agustin Armendariz, tell us that Croce had been dodging misconduct allegations for decades, and that a major cover-up was put up by Ohio State University (OSU), Croce’s home institution, because he was bringing millions of dollars in grant overhead each year. Glanz and Armendariz tell us that Croce, the discoverer of cancer mechanisms that saved the lives of thousands, had been cheating all along but “was too big to make findings of misconduct on”.

The entire scientific community was in a state of shock at what seemed to be a flagrant act of defamation. In America, as in most countries under the rule of law, Croce should be presumed innocent unless proven otherwise, and his innocence should be protected at all cost, as it seemed to have been the case with OSU’s internal investigation. It came as a shock to everybody that these unresolved or closed investigations would be exposed in a major venue like the NYT, destroying in one stroke Croce’s reputation earned through decades of hard work. Yet, most of the scientific community dismissed these unproven allegations: on March 29, a few days after the defamatory article appeared in the NYT, the American Association of Cancer Research made Carlo Croce the recipient of the Margaret Foti Award for Leadership and Extraordinary Achievements in Cancer Research.  Not surprisingly, this recognition emboldened Croce. Carlo Croce sued the NYT in Court for defamation a few weeks later. The particulars of the lawsuit are as follows:

Croce v. New York Times Company et al (case filed May 10, 2017)

Ohio Southern District Court
Judge: James L Graham
Referred: Terence P Kemp
Case #: 2:17-cv-00402
Nature of Suit 320 Torts – Personal Injury – Assault, Libel, & Slander
Cause 28:1332 Diversity-Libel,Assault,Slander

The lingering question is who instigated the NYT article and emboldened Glanz and Armindariz? Why would Glanz and Armendariz risk everything to go after a towering figure in cancer research, whose discoveries saved thousands of lives, with nothing more that conjectures and unproven allegations over sloppiness in reporting or conducting scientific research? Glanz and Armendariz were fueled, emboldened, enabled and inspired by a blog name Retraction Watch, the true instigator of Carlo Croce’s downfall and, specifically, of the NYT defamation piece.

Retraction Watch purportedly reports on scientific misconduct. Yet Retraction Watch is engaged in the most corrupt and less transparent scheme imaginable. To generate enough activity, the Retraction Watch founders created two anonymous characters, giving them writers’ names: Clare Francis and Fernando Pessoa. Clare Francis operates in secrecy, while Fernando Pessoa operates in the open. Unchecked allegations, including all kinds of inanities, personal attacks, etc. are first received by Ivan Oransky and Adam Marcus, the two medicine/science dropouts who founded Retraction Watch. Then, Oransky and his pal make sure these allegations turn into substantial news that can be reported by Retraction Watch. Soon after the unchecked allegations emanating from any source (literally any) land on Oransky’s desk, they get funneled by Clare Francis in the most brazen threatening terms imaginable to journals, institutions and individuals, that get harassed and coerced into taking immediate action. According to the journal editors, over 90% of the allegations by Clare Francis are simply gibberish. Once some scathing reaction, for example a journal retraction, is elicited by Clare Francis and gets out in the open, Retraction Watch immediately reports it, broadcasting the scathing news in the harshest terms possible. Retraction Watch can do this extremely swiftly, usually the very same day the reaction becomes public, obviously because Clare Francis is the secret arm of Retraction Watch: they generate the same news they broadcast. Immediately after Retraction Watch publishes their piece, Fernando Pessoa comments profusely on it adding other instances of perceived misconduct allegedly committed by the person under attack. Obviously, Fernando Pessoa can also act so swiftly and thoroughly on each case simply because it is also part of Retraction Watch. To summarize, first the secret arm Clare Francis elicits reactions by journals, institutions and individuals that are brazenly approached with misconduct accusations, then Retraction Watch openly scorns and humiliates the accused person in the harshest terms possible, and finally Fernando Pessoa adds as much salt to the injury as possible. That is how the coward defamation scheme works, as anyone with a moderate ability to think can figure out by reading Retraction Watch.

Let us now focus on Retraction Watch chasing and pillorying of Carlo Croce and on its inspirational enabling role in the NYT investigation. One of the most striking details of the NYT article is its identification by Glanz and Armendariz of Clare Francis, the secret arm of Retraction Watch, as the agent who brashly brought up thirty or more misconduct allegations against Carlo Croce to the attention of OSU authorities. It should be noted that Croce had been profusely attacked and defamed by Retraction Watch prior to the appearance of the NYT article, on May 5, 2014, on April 6, 2015, on October 10, 2016 and, especially, on January 24, 2017, when Fernando Pessoa, the second arm of Retraction Watch, added 15 (fifteen) scathing comments against Carlo Croce on the very same day! In this way, all of Clare Francis accusations presented to OSU were fully covered also by Retraction Watch. On March 8, 2017, within a few hours after the NYT article came out, Retraction Watch published its own fiercely scathing article against Carlo Croce, covering the NYT defamation in gory detail and even amplifying the damage, and this time Fernando Pessoa added 13 (thirteen) comments describing more instances of misconduct allegedly committed by Carlo Croce. On March 15, another article damaging Carlo Croce came out at Retraction Watch, but the apotheosis came on March 30, 2017, a day after the AACR prize to Carlo Croce was announced. Oransky and his pal were truly incensed. On March 30, 2017 in an article entitled “Cancer org bestows award on scientist under investigation“, Retraction Watch expressed its outrage that Carlo Croce, a person seriously suspected of misconduct, would be given a prize by a “Cancer org” (Retraction Watch was referring to the American Association of Cancer Research). Fernando Pessoa swiftly added three scathing comments that day. Retraction Watch kept of defaming Croce on April 3, 2017 (Fernando Pessoa added 9 nasty comments this time), June 9, August 29, and September 8, 2017, with Fernando Pessoa adding scathing comments each time.

Carlo Croce sued the NYT for defamation. He should not spare Retraction Watch, the instigator and enabler of the NYT article. Oransky and his pal Marcus should be served in court for the great disservice they are doing to science and to the people whose lives are saved every day thanks to Croce’s discoveries.

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Clare Francis, Data Fabrication, Data Falsification, Defamation, Defamation lawsuit, Due process, Expression of concern, Federal law, First Amendment to US Constitution, Misconduct, Paul S. Thaler, Reputation Damage, Research Integrity, Research misconduct, Retraction Watch, Scientific Integrity, Scientific Misconduct, Scientific publication, Social Media

Scientific Journals: Are Expressions of Concern Illegal?

PAUL S. THALER is Managing Partner at Cohen Seglias Pallas Greenhall & Furman PC, a law firm with offices in Washington, D.C. One of his main areas of practice is scientific misconduct. He has successfully defended clients accused of research misconduct, becoming a towering figure in this aspect of civil litigation. In addition, his firm provides a peerless level of sophistication in Title IX matters. Paul S. Thaler has been admitted to the Bar in Washington, DC and Maryland.

In regards to scientists enduring misconduct accusations, Paul S. Thaler made the following enlightening remark:

The first thing to remember is that the federal regulations, as well as the internal policies of most institutions, protect the confidentiality of respondents in research misconduct matters.  Thus, as a matter of federal law, institutions are prohibited from disclosing the identity of an accused scientist, except on a “need to know” basis, for example, to a member of the investigation committee, unless and until a finding of research misconduct is made.  These proceedings are not public as court is in criminal and civil disputes.  It is more comparable to proceedings against other professionals, such as lawyers, who are governed by their licensing organization.  Privacy in these matters is critically important as there is no public need to, or right to know, about professionals simply accused of wrongdoing.  What the public has a right to know about is a professional who has been found responsible for wrongdoing.  At that point, the public is alerted.  But because a professional’s reputation is so important to his or her career, the specter of an accusation can permanently stain that reputation and frequently the accusation is not well founded.  So the confidentiality of the process allows a full examination before the public is made aware.  We certainly do want to know about those scientists who have actually done something wrong that impacts science, but we do not, and should not, be concerned with those who are good scientists but caught up in a sometimes very political, internal dispute.

The bolded section is particularly enlightening because it implies that Expressions of Concern, very much en vogue with journals these days, are in all likelihood illegal, and so is the dissemination of such expressions by blogs such as Retraction Watch or other media. Of course the public does not have the right to now about mere accusations of wrongdoing or suspicions of invalid data, which often prove to be wrong. For example, pseudonymous Clare Francis, the venal whistle-blower of Retraction Watch, has scored plenty of false positives but we are not aware that Retraction Watch has been sued in Court yet. By contrast, the public is very much entitled to know about cases of proven invalid data resulting from wrongdoing. This is the spirit of the law and Paul S. Thaler has sensibly conveyed it.

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