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Federal Appeals Court Upholds Fraud Verdict Against Cornell University Medical School For Misuse Of NIH Aids Funding
Date:9/6/2012

incente Gigante and Andrew Goldstein, the "subway pusher."

Feldman was elated by the news of the affirmance. "I am very gratified that the Court of Appeals has affirmed the jury's and Judge Pauley's findings of fraud. I was excited to join the fellowship, anticipating that I would be engaged in meaningful AIDS research. I was shocked that the reality was very different, and especially by the misuse of taxpayer funds which had been specifically targeted for HIV."

THE FEDERAL JURY TRIAL VERDICT

The case was heard before a jury and Judge William Pauley in federal district court in New York over two weeks in July, 2010.  Following a verdict of three counts of fraud, the defendants requested a new jury trial from Pauley, which was promptly refused.  Pauley wrote in December 2010, "There was ample evidence to support the jury's findings. In addition, this Court observed the demeanor of the trial witnesses. Feldman was as credible and honest a witness as this Court has seen.  His testimony was compelling.  In contrast, van Gorp's presentation bore indicia of a well-rehearsed performance. It was within the jury's discretion to discount his stagecraft."

The jury specifically found that, over the course of the five-year grant, Dr. van Gorp and Cornell knowingly submitted three progress reports containing false or fraudulent statements to NIH in order to continue the funding of the grant. The original grant application had described a rich program of faculty and research resources, along with a detailed core curriculum, including courses in HIV/AIDS. Dr. Feldman and his counsel, Michael J. Salmanson, of Salmanson Goldshaw, P.C. of Philadelphia, argued during the course of the 8- day trial that the original grant application and the subsequent progress reports contained numerous false statements designed to convince NIH to originally award and then continue the funding.

Dr. Feldman argued that
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SOURCE Salmanson Goldshaw, P.C.
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