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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

ith some of the faculty and four postdoctoral fellows, Cornell concluded they had done nothing inappropriate.  The NIH apparently accepted Cornell's own conclusion that it had done nothing wrong.  This lack of response from the NIH formed the basis of some of the argument from the defense for the appeal.

In 2003, after being turned down by another law firm, Dr. Feldman employed the counsel of Michael Salmanson, now of Salmanson Goldshaw, PC in Philadelphia, who filed a whistleblower case on his behalf.  The government assembled a review team from the FBI, the Office of the Inspector General, and the Department of Health and Human Services.  Their investigation took until April 2007, at which point they declined to intervene on behalf of Feldman, an option the government is granted for whistleblower cases.

During the government's investigation, the case was held "under seal," meaning that neither Dr. Feldman nor anyone involved in the case could discuss the matter with anyone outside of the investigation team.  For Dr. Feldman, this was a difficult time; Dr. Feldman lost the support and collaboration of many of his colleagues and previous mentors and was professionally ostracized. As a fledgling practitioner who did not have the support of his postdoctoral mentor, and who could not talk about the lawsuit, finding a job or getting referrals was incredibly challenging. 

"Before the government investigation, I even went to the American Psychological Association for help and complained about the program challenges and fraud," detailed Dr. Feldman.  "When the case was under seal from the government, the APA closed my case without notifying they were doing so and refused to hear anything further, even after we received a jury verdict in my favor in 2010."  The APA has told Dr. Feldman that they had cleared Dr. van Gorp of any wrongdoing, based on van Gorp's own ac
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SOURCE Salmanson Goldshaw, P.C.
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