Research & Scientific Misconduct

Research misconduct allegations can destroy a scientist's career and no case should be confronted without skilled legal representation to advise you and advocate for you.

Initially governed entirely by the idiosyncratic rules of academic institutions where lawyers were shunned, government funded academic research is now subject to a dizzying array of institutional and government laws and regulations, including the federal criminal laws and the federal false claims act. Institutions and researchers who are accused of misconduct must navigate a complex world of employment law, government investigations, and educational rules and standards. False statements in grant applications, grant progress reports, or scientific papers cited in grant applications can lead to personal financial liability and there could be serious consequences to a researcher's academic standing and credentials. The growing number of post publication reviews conducted by Journals and the specter of retractions and other 'public' disclosures have introduced another layer of complexity into the resolution of any case. In addition, the Government has undertaken a major review of any non-US funding and attention must be paid to non-US funding, including grant funding from China and overseas faculty appointments. Given the significant consequences of a misconduct proceeding, all scientists who are involved, whether as the accused, the complainant, or merely as a witness, are well advised to seek the assistance of independent counsel.

Richard Goldstein is a recognized leader of the research misconduct bar. He has been involved in several high profile research misconduct cases and has represented scientists all across the United States. For close two decades, he has represented principal investigators, first and corresponding authors, senior researchers, tenured and nontenured faculty, post-docs, and students. He also represents complainants, whistleblowers, witnesses, and others who have been involved (sometimes involuntarily) in these cases. He also advises scientists in authorship disputes, publication issues, degree completion issues, debarment proceedings, degree revocation proceedings, disciplinary actions, grant reviews, and transitions to new institutions. In most every instance, the identity of his client is never disclosed publicly and many have continued with their careers in scientific research. He is sought out by the scientific press and general interest media as a legal expert in the field of research and scientific misconduct.

Richard Goldstein quoted...

Critical Successes

Obtained first ever ruling in which an ORI debarment order was vacated and that a scientist is entitled to a de novo hearing before a federal administrative law judge. Led to favorable settlement in which no debarment was imposed and the scientist was able to continue receiving federal grant funding.

Represented a prominent researcher and lab center director whose research team was accused anonymously of fabricating data in over 70 papers. The scientist and the entire research team was vindicated after full investigations in the United and abroad.

Representing a naturalized US citizen against false allegations of failing to disclose funding from the Chinese Government and who had been terminated from a tenured University position, whose grants were cancelled, and whose lab was closed by the University. The University was ordered to reinstate scientist to her former position with full back salary and a new laboratory after finding by an arbitrator the University had wrongly accused the scientist and had engaged in an unfair and biased investigation.

Represented a scientist whose inventions were part of a confidential US grant application and were later found to be part of a patent approved by a foreign government.

Represented another naturalized US citizen who was employed as a contractor by the Air Force in a non-classified position and was suspended by the US Government and faced debarment for failing to disclose contacts connections with official from his native country.

Persuaded numerous confidential university and institutional faculty panels to dismiss claims of academic or research misconduct; including:

Successfully represented a senior scientist in an NIH funded lab where the PIs and another senior researcher

were found to have committed misconduct and the institution paid a sizable amount to the US Government to

settle allegations of false claims. The allegations against my client were dismissed at the inquiry stage

and the identity of my client and the allegations against the client never became public.

Representation of a junior researcher who was accused, along with the PI, of misstating data in a clinical trial.

The misconduct allegations were rejected by the investigation panel and the identity of my client and

the allegations never became public.

Representation of a PI/ lab head where tissue images were found to be erroneous. The misconduct allegations

were rejected by the investigation panel and the identity of my client and the allegations never became public.

After a misconduct findings by an institution, persuaded Government agencies not to pursue formal debarment or suspension. In other cases, negotiated significant reductions in penalties imposed by federal regulatory authorities against scientists found to have committed misconduct.

Responded, on behalf of a scientist, whose published data had been questioned by a journal reviewer. After a lengthy process, the journal rejected the allegations of data fabrication and no misconduct proceeding was commenced. The matter has never become public.