Other Criminal Charges & Offenses Lab fraud

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Chemguy

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I don't seen any threads about fraud at labs. I am a chemist and last year I had a supervisor who told me to run an ion chromatographer in a way that would not work for nitrite analysis in drinking water. Low levels would not be visible because of interference from carbonate at the eluent setting she wanted. I told her boss, the program chief, who ignored the issue. I then ran some standards to prove my point and was going to show it to the chief the next day, but I came down with the worst flu I ever had and could not go to work for a week. If the chief had continued ignoring the issue my plan was to not report nitrite results and to put an attachment on the results saying the nitrite could not be reported due to instrument configuration.

When I got back I found my coworker had been following orders and reported the bad results. I asked another chemist and he suggested going over the program chief to the QA manager, but I didn't want yo do that yet. Instead the coworker who reported the bad results agreed to approach the chief and show her the results from the standards I ran. The chief then saw the problem and ordered me to put the instrument settings back ti where it could see the nitrites. I thought she would order amended reports be sent out to customers who got the bad results but that didn't happen. Instead I got called into a meeting with my supervisor and she threatened to have to fired for disobeying her. I stood my ground and said I couldn't obey orders to commit lab fraud. She scoffed and said ethics are arbitrary. After that meting I reported everything to the QA manager and she said there would be an ethics investigation.

I thought they would do the right thing and send out amended reports to the customers. It was a slow week and there were only 12 samples that needed resampling and retesting. After a month I got called into a meeting with the QA manager and Division Director who was acting Lab Director. The word I got was that they were going to 'move forward' and just pretend bad results never got sent out. I hit the roof and yelled that it was the equivalent of dry labbing. I asked if they had an independent chemist look at the situation. They said no, but they planned to hire one. They never did. My supervisor finally did get demoted and then quit. My coworker who reported the bad results was very upset because our training tells us that what happened was criminal lab fraud and she never should have reported those results. She said she was going to retire before the audit and she did. We get audited by the EPA every 2 years and I thought they would certainly see that there was an ethics investigation and start asking questions. But when they came last week they didn't say anything to me and made no mention of an ethics investigation.

Lots of lab fraud never gets discovered. I don't know how much. It's almost always a whistleblower who reveals it, not a routine audit. There are other people in the lab who know what happened. Someone could say something. I wonder what my next step should be. Could I be in any legal jeopardy if someone else reports lab fraud? The lab manual says the most serious investigations are done by HR. I could report it to the head of HR.
 
The two bad guys are gone and you still have your job. You could have been swept out with the trash. It's been a year. The audit didn't turn up anything. Let it go. If you discover it happening again, you can decide what to do about it.
 
The audit didn't turn up anything because the management hid it from the auditors. The lab manual says laboratory personnel are expected to report verbally, or in writing, any suspected unethical conduct or activities to the area Program Chief/Supervisor, Ethics and Compliance Officer, or Laboratory Director. It doesn't say what to do when they cover up lab fraud. THEY are the bad guys. My coworker who reported the bad results only did it because she was ordered to. They cannot fire me if I do the right thing. I just wonder if this gets discovered later will I look like I am also one of the bad guys.


The manual also says if laboratory personnel feel unable in reporting the suspected unethical conduct behavior to the area Program Chief/Supervisor, Ethics and Compliance Officer, or Laboratory Director, they should contact HR.It looks to me like I am obligated to report this. I don't want to be a whistleblower, but I don;t want to be a crook.
 
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The audit didn't turn up anything because the management hid it from the auditors.

That you didn't reveal it to the auditors may make you seem complicit in hiding it from the auditors. I said "seem" not that you are complicit.

They cannot fire me if I do the right thing.

Sure they can. People get fired all the time for doing the "right thing." Not right away, but eventually, and it's subtle enough to make a whistleblowing retaliation claim hard to prove.

I just wonder if this gets discovered later will I look like I am also one of the bad guys.

Maybe, maybe not. Impossible to speculate on. Keep documentation at home of your innocence.

It looks to me like I am obligated to report this. I don't want to be a whistleblower, but I don;t want to be a crook.

At this point I suggest you let the water flow under the bridge lest you open up a bear trap that can slice your leg off (I love metaphors).
 
Other bosses have tried to fire me before, but I won. I'm even better at documenting now to save myself. As a scientist it seem to me tat the best thing to do is follow procedure. However in lab language the word 'should' doesn't mean 'must'. I believe it is that way in legal language too. But the last QA manager the lab had wrote that procedure and he wasn't that sharp. Ambiguity is truly that enemy of accountability I guess.

When my boss threatened to fire me I told he I would rather be fired now for being ethical than later for being unethical. I was hoping someone here would have real life experience with lab fraud. In training they show us cases, but I have never seen one where the bosses order the fraud and then cover it up. I guess the reason for that could be that anyone who tries to report their bosses gets crushed like a bug so it never gets made public. We really could use training in what to do when bosses order us to do the wrong thing. I googled and found this case where a manager ordered employees to fake tests. No one blew the whistle and they found out when satellites failed. Workers were offered immunity for testifying against the boss.

Oregon worker who faked tests on aluminum in scheme caught by NASA gets prison

The plant manager was found not guilty though...
Former plant manager of aluminum manufacturer found not guilty of defrauding U.S. government
 
When the bosses order that something be done wrongly or illegally your best bet is to report it to the appropriate regulatory agency as soon as you document it.

Reporting internally only gives an opportunity for it to get buried.
 
When the bosses order that something be done wrongly or illegally your best bet is to report it to the appropriate regulatory agency as soon as you document it.

Reporting internally only gives an opportunity for it to get buried.

That depends on what the violation is. In some situations the law requires that the employee first report it to the appropriate management official and only go to the regulatory agency if the company fails to correct it after the report.
 
The Department of Labor is here to protect your rights.
An employer cannot retaliate against you for exercising your rights under the Department of Labor's whistleblower protection laws. Retaliation includes such actions as firing or laying off, demoting, denying overtime or promotion, or reducing pay or hours.

What is retaliation?
Retaliation occurs when an employer (through a manager, supervisor, or administrator) fires an employee or takes any other type of adverse action against an employee for engaging in protected activity.

An adverse action is an action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity. Retaliation can have a negative impact on overall employee morale.


Whistleblower Protections | U.S. Department of Labor
...


One of the most common questions that we're asked is: "what is a whistleblower?"

On the simplest level, a whistleblower is someone who reports waste, fraud, abuse, corruption, or dangers to public health and safety to someone who is in the position to rectify the wrongdoing. A whistleblower typically works inside of the organization where the wrongdoing is taking place; however, being an agency or company "insider" is not essential to serving as a whistleblower. What matters is that the individual discloses information about wrongdoing that otherwise would not be known.

Individuals who want to enjoy the protections and rewards of whistleblower law cannot rely on this simplified definition. Instead, they must adhere to the definitions and procedures in the laws under which they are seeking formal whistleblower status.


What is a Whistleblower - National Whistleblower Center
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Whistleblower Protections

OSHA's Whistleblower Protection Program enforces the whistleblower provisions of more than 20 whistleblower statutes protecting employees from retaliation for reporting violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities, tax, antitrust, and anti-money laundering laws and for engaging in other related protected activities.



The Whistleblower Protection Programs | Whistleblower Protection Program
...


What Is a Whistleblower?
A whistleblower is anyone who has and reports insider knowledge of illegal, illicit, and fraudulent activities occurring in an organization. Whistleblowers can be employees, suppliers, contractors, clients, or any individual who becomes aware of dubious business activities. Whistleblowers are protected from retaliation under various programs created by the Occupational Safety and Health Administration (OSHA), Sarbanes-Oxley Act, and the Securities and Exchange Commission (SEC). Federal employees are protected under the Whistleblower Protection Act of 1989.


What Is a Whistleblower?
...
 
That depends on what the violation is. In some situations the law requires that the employee first report it to the appropriate management official and only go to the regulatory agency if the company fails to correct it after the report.
Nothing in any of my training tells me when I have to report something to the FBI or the EPA Office of Inspector General. All it says is to report to lab management which I did. They did not act properly and the ethics procedure doesn't explicitly say what to do if management covers up lab fraud. It does say report to HR so that has to be my next step ethically.
 
I reported to HR and 2 months later got a call from an investigator who knows nothing about chemistry. I told him in my opinion and according to my training what occurred with felony lab fraud. That was over 2 months ago. Since then - nothing. No other chemists has looked at the data and given an opinion about what to do.
 
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