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"The thought that someone at the GAO may have
compromised the testing of a system unfortunately, brings the integrity of the
entire report into question if it’s determined to be true." Sen. Charles Grassley.
On November 23, 2010, Terry Vermillion, Director of FDA's
Office of Criminal Investigation announced his retirement next month.
The announcement came after several years of criticism by
Republicans in Congress who raised concern about his misdirection of the Office's
resources: instead of pursuing drug companies and researchers who commit crimes
when seeking FDA approval for drugs, OCI pursued drug-abuse cases--which are
the purview of the Drug Enforcement Agency.
On September 16, 2010, Senator Chuck Grassley sent a
letter to the Acting Comptroller General of the U.S. Government Accountability
Office (GAO) complaining about a "less than stellar" GAO
investigative report that the Senator had requested. The GAO was charged with investigating the activities
of OCI.
Sen. Grassley's letter was prompted by a whistleblower's
complaint who charged Vermillion of misconduct, and indicated that someone at
the GAO had tipped off someone at OCI about the investigation--thereby
compromising the investigation and the report.
"The thought that someone at the GAO may have
compromised the testing of a system unfortunately, brings the integrity of the
entire report into question if it’s determined to be true."
Specifically, the whistleblower's complaint charges that:
* the GAO field inspection failed to include relevant
information about professional misconduct by the director of OCI.
* Vermillion "Directed that reports prepared by
OCI’s Office of Internal Affairs be changed to sanitize them of derogatory
information about his fellow US Secret Service retirees now working at
FDA/OCI."
* a mole in the General Accounting Office had tipped off
someone in OCI about the GAO investigation--thereby compromising it.
And there are charges of misuse of OCI technical staff
for personal uses:
According to the complaint Vermillion moved to Virginia
and "now directs the work of OCI predominantly over the phone," and authorized
a promotion for his "Office Mistress" against the advice of other
senior OCI officials.
See also, Pharmalot "What Mistress? The FDA's Top
Cop Is Retiring"
Vera Hassner Sharav
Associated Press
FDA prober, under fire, steps down
By MATTHEW PERRONE
WASHINGTON - The head of the Food and Drug
Administration's criminal-investigation unit is stepping down, months after the
latest round of criticism directed at his department by congressional
investigators.
An agency spokeswoman confirmed yesterday that Terry
Vermillion was resigning. "We appreciate Terry's years of public service
and wish him well in retirement," said FDA Associate Commissioner Beth
Martino. Vermillion, who spent 20 years in the Secret Service before joining
the FDA in 1992, is among the highest-paid officials at the agency at about
$200,000 per year.
Earlier this year the Government Accountability Office
said that the FDA must exercise more oversight over Vermillion's unit, which
has operated largely independent of agency leadership, despite growing into a
$41 million operation with 230 staffers over the last decade. In 2008, House
and Senate Republicans questioned the priorities of the unit, specifically its
focus on drug-abuse cases instead of broader misconduct by large companies.
On September, Sen. Charles Grassley, R-Iowa, brought to
light additional complaints against Vermillion in a letter to the GAO. Grassley
said that an anonymous FDA whistle-blower contacted his office complaining that
the GAO's most recent findings were "less than stellar" and did not
include a number of questionable practices by Vermillion.
The whistle-blower alleged that Vermillion directed that
reports "be changed to sanitize them of derogatory information" about
former Secret Service colleagues working at the FDA.
Additionally, the whistle-blower said Vermillion used
support staff to perform personal tasks for him and often directed department
operations from his home in Hampton, Va.
Calls to Vermillion's office and e-mails seeking comment
were not returned yesterday.
Sen. Chuck Grassley's letter to Acting Comptroller
General , Government Accountability Office (GAO), outlining allegations of
misconduct by both Terry Vermillion, Director of FDA's Office of Criminal
Investigations (OCI) and GAO field officers who were sent to investigate. http://online.wsj.com/public/resources/documents/grassleyletter.pdf
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