Handling self-admissions of fraud

Case number: 
15-10

Case text (Anonymised)

In November 2014, the first author of a decade old paper in our journal and a 15-year-old paper from another journal informed us that he faked the data in two figure panels in the paper in our journal and one figure panel in the paper in the other journal. The main gist of the manipulation was loading unequal amounts or delayed loading of gel lanes.

Self-admission of data falsification is a serious charge that is difficult to disprove, and we felt a challenge to identify evidence to counter or support this type of allegation. As general guidelines, we felt there were three types of evidence that could help resolve the standoff:
(1) compelling original raw data with evidence for or against unequal or delayed gel loading;
(2) verified replication already existing within the published literature; and
(3) as a last resort, a replication study performed by a wholly independent laboratory.

In December 2014, we asked the first author to contact the corresponding author of both papers and the institute, but he refused. We informed the first author that we would inform the corresponding author of the papers and this might result in violating his confidentiality. In January 2015, we informed the corresponding author that we had received self-admission of fraud from the first author and asked the corresponding author to retrieve original raw data for the figures in question and provide them to us. We also urged the corresponding author to engage the institute ethics committee and get in touch with the first author in gaining a deeper understanding of the challenges.

In February 2015, we spoke with the corresponding author by telephone. The corresponding author did not believe that the first author had faked the data. We discussed potential ways to counter a compelling self-admission and agreed that the corresponding author would provide us with the raw data by the end of March 2015 and would inform his institute.

In March 2015, we were contacted by his institute. On request, we provided the contact information of the first author to the institute’s investigation committee after obtaining permission from the first author. The corresponding author told us that he has located all of the raw data. In contrast with what we agreed by telephone, he told us that he would not be sending us the raw data directly but would pass them to the committee. The first author provided both us and the committee with data that he said was contemporaneously produced and showed a different result from what was published, that he said was without manipulation with gel loading and showed no experimental effect.

In April 2015, we asked the committee to share their investigation results with us and also asked the corresponding author to provide the copy of the raw data to us. But the corresponding author and committee refused to share any useful information with us. The committee told us by email that they have an obligation to protect the corresponding author’s reputation.

In May 2015, we spoke with the research integrity officials of the institute by telephone and they agreed to share more information with us. In early June 2015, we received a summary but not the full version of the committee report, which cites that no further action is warranted because the evidence they gathered can neither support nor refute the first author’s self-admission. We were not provided with any of the original data. The summary report included information such as promotion schedules of both the first and corresponding authors, but these seemed irrelevant to us. We felt it essential that we have access to the full scientific information on which the committee based its recommendation.

In late June 2015, the institute shared with us the full report of their investigation. We were able to understand from this that their conclusion that no further action is warranted was based on the fact that there was no recorded falsification in the laboratory notebook. We feel this reason is not sufficient to counter self-admission of fraud as someone who intentionally fakes data would not likely record it in their laboratory notebook. We therefore were unsatisfied with recommendation to take no further action.

In July 2015, we interviewed the first author via Skype and asked him to describe again how he generated the data and how he intentionally manipulated the data to fake the results. What he described over Skype was consistent with what he has described to us in previous correspondences.

In July 2015, we also spoke with an institute senior official and explained again that only contemporaneous data collected by the first author, contemporaneous data collected by other members of the laboratory, or direct replication of the data by an independent laboratory reported in the published literature would be necessary to counter the first author’s self-admission of fraud. Since none of these avenues turned up evidence to counter the self-admission, we suggested that the experiments in question could be independently repeated by a third party or the paper will need to be retracted.

In August 2015, the corresponding author agreed to proceed to have the data in question independently repeated by a third party. We are now instructing the corresponding author to reach out to a laboratory to start repeating the experiments. While he agreed in principle, the corresponding author is dragging his feet and we are uncomfortable sitting on a serious allegation and eager to move forward with a resolution in a timely and responsible manner.

Question(s) for the COPE Forum
• What are COPE's recommended procedures for handling self-admissions of fraud?
• What is the journal’s responsibility when one author self proclaims fraud and another author says no fraud occurred?
• What is the responsibility of the journal if the journal thinks an institutional investigation was not evidence based.

Advice: 

The Forum noted that this was a very unusual case, both fascinating and alarming. At its heart it would appear to an authorship dispute, and the journal was correct in involving the institution. The Forum suggested contacting all of the authors and asking for their input. It would seem that the only clear way of resolving the issue is to replicate the study and try to reproduce the results.

The Forum questioned why it has taken the corresponding author 10 years to contact the journal, as it would seem to be professional suicide. The Japanese government has recently issued guidelines to institutions to clean up their act following the Japanese stem cell scandal—could this be a factor?

The Forum acknowledged that the journal has handled this correctly by taking the allegations seriously. The Forum suggested publishing an expression of concern. The expression of concern should be worded in a neutral manner without apportioning blame or accusing the author. This also may prompt the corresponding author into action.

The Forum suggested continuing to work with the corresponding author to replicate the study. The only way to resolve this completely is to try to replicate the study, and it is in the interests of the corresponding author if he wishes to stand by his allegations. The journal does have a responsibility to pursue an independent investigation if the journal thinks the institutional investigation was not evidence based. The journal should give the corresponding author a time limit, after which the journal should review the situation and either amend the expression of concern or retract the paper.

Follow up: 

The journal has published an expression of concern and will keep readers updated when the results of the investigation are available.

Follow up (October 2016):

The journal has now published two editorial expressions of concern and followed up with two editorial notes, explaining that the results of the independent investigations were inconclusive. The editor considers the case closed.

Resolution: 
Case Closed
Year: