Good Science can't happen in Bad Institutions

When I started this blog it wasn’t with the intention of becoming slewed with the dubious nonsense of Mikovits’ XMRV non disease or the diabolically misbegotten organisational debacle of the Whittemore Peterson Institute. Scientific attention is thankfully moving on from XMRV and key funding agencies are breathing new life into M.E/CFS research, what is essential though is that the whole horrible story of the WPI needs to be told as a warning to the future. March will bring some edification via Mikovits’ appearance in Court on theft charges following a complaint by her former employer the Whittemore Peterson Institute.  Hopefully this case will elucidate why Mikovits felt compelled to commit acts which appear potentially criminal,  and also to expose whether there were indeed failings of science at the WPI. In the mean time the whole WPI edifice appears to be in a state of potential collapse.

Really, I mean, really, really – It was the money stupid !

Lets just recap – the Whittemore Peterson Institute is a non profit organisation, its funds have either come from public donation, large individual donations, or Government Grant; the only public records of large single donations are those from the Whittemore family via the Whittemore Family Trust. From the creation of the WPI its president has been Annette Whittemore who has also held the unpaid position of CEO; the Board of WPI has had up to five members but on occasion that has been down to just two, with Annette Whittemore the only constant presence. All other Board members have been close associates of the Whittemore family. I’ve written previously about how this lack of breadth of Board representation is problematic in that it exposes both the members and the organisation to concerns about lack of broad perspective and issues of conflict of interest. Such concerns now appear substantiated because Annette Whittmore along with her husband has been named in a Lawsuit that implicates the Whittemores in a multimillion dollar, multifaceted fraud to which the WPI itself is linked.

You think it couldn’t get worse ? Think again   

The most interesting aspect of the claims against Harvey Whittemore is that not merely has he defrauded his business partners, but that he has acknowledged this as fact and that the case now only comes to Court because he has failed to fully recompense those he has defrauded despite having previously promised to do so. However the Whittemores are contesting the allegations, describing them as entirely false.

It is beyond the scope of this blog to cover all the intricacies of the 41 page legal suit, in simple terms however the complaint is that: Harvey Whittemore, in part, and in cooperation with Annette Whittemore and up to ten as yet unidentified individuals and ten as yet unidentified corporations plus a limited partnership called The Lakeshore House Limited, is alleged to have defrauded his partners in three companies, Wingfield Nevada  Holdings Company LLC (Wingfield), Tuffy Ranch Properties LLC and The Foothills at Wingfield LLC.  

The Document of Complaint lodged with the Court provides an impressive depth of detail and scope of the alleged misconduct by the Defendants, an item of particular interest to M.E/CFS affected people is a mention of Redlabs, the company that marketed the  XMRV test licensed by WPI. Redlabs is not recorded as being a particular focus of any fraudulent activity but the Plaintiffs do claim that in 2004 Harvey and Annette Whittemore, via their The Lakeshore House Limited partnership sold 50% of several businesses including Redlabs to one of two companies owned by Thomas Seeno. The remaining interests in these companies held by The Lakeshore House Limited partnership together with Mr Seeno’s previously purchased interests were then, in 2005, transferred to either the Wingfield Nevada Holdings Company LLC or The Foothills at Wingfield LLC. From 2005 Redlabs was therefore wholly owned by Wingfield, its registration in the name of Harvey Whittemore  being in accord with Whittemore being the manager (but not sole owner) of Wingfield .  An important aspect of the complaint against Harvey Whittemore is that he withheld information from his business partners, it is therefore appropriate to ask, whether his partners were aware of the License agreement with the WPI for the XMRV tests, whether they considered sale of the non FDA approved tests to be ethical business and whether they considered the $226,652  paid to the WPI in licensing fees in 2010, to be justified ?   Further questions will no doubt be asked by the Plaintiffs in respect of how the operational activities of the Redlabs (operating as VIPdx) commercial business was seemingly transferred to the benefit of the WPI, via creation of UNEVX as a for profit corporation owned by the WPI.

Don’t Mix Business with Charity  

Aside from the ‘for profit’ Redlabs/VIPdx company, the Document of Complaint against Whittemore and others, lists amongst numerous charges of alleged fraud, a number of incidences which directly involve the Whittemore Peterson Institute. These are:

• Diversion and donations of assets and equipment from a Wingfield called Wild West Sound Company Inc. (renamed – Western Electronics Inc.) to (amongst others) the WPI. 
• Diversion of funds disguised as donations to WPI.
• Improper and abusive use of Wingfield personnel for WPI purposes.
• Harvey Whittemore caused aircraft leasing costs of over $2 million to accrue to Wingfield accounts in support of private use made by him and Annette Whittemore and others, including travel related to WPI activities which it is claimed alone amounts to $346,546 remains unreimbursed. 
• Annette and Harvey Whittemore directed employees of Wingfield to work on WPI at Wingfield’s expense, it is specifically alleged that Annette Whittemore represented herself as having management authority at Wingfield.
• A 'PR' Agency retained by Wingfield was directed to do work for the WPI without any recompense being paid to Wingfield.  It I claimed that Wingfield’s Director of Marketing Angelina Wyss-Gordon [Angelina Gordon] who at the same time was the WPI Director of Marketing and Events http://www.wpinstitute.org/about/about_execboard.html, instructed the Agency that all work carried for WPI should be charged to Wingfield.
• Harvey Whittemore permitted Annette Whittemore to charge compensation and other employee expenses of the WPI to Wingfield.
• Specifically Annette Whittemore caused 75% of Dr J.Mikovits’ salary ($185k) to be charged to Wingfield as was the $42,000 relocation expenses paid to Dr Mikovits.
• Currently unnumerated expenses of other WPI staff and consultants were paid for by Wingfield.
• A Wingfield owned company, the Redhawk Golf Course and Entertainment facility was used at the direction of Harvey and Annette Whittemore for fundraising events for the WPI for which fees were not paid, the costs are claimed to exceed $157,000.
• Harvey Whittemore solicited grants and donations from businesses dealing with Wingfield, which were of benefit to the WPI, but which were undeclared to the owners of Wingfield, to their detriment.

Should any of these claims be true then huge embarrassment would be attached to the WPI, and by association, the wider cause of M.E/CFS research. 

Fall Out 

The Plaintiffs are seeking a court hearing in front of jury, in addition copies of the documents are with the Nevada police and it seems highly likely that criminal investigations will now follow, such  investigation would necessarily involve the WPI as an institution. While apportionment of criminal blame or civil liability remain to be properly tested, it is abundantly clear that the management structure of the WPI leaves it profoundly exposed, and there must be serious questions about it’s long term future despite it having been recipient of  millions of dollars in public funding in the last 4 years. The positions of both Annette Whittemore and  Angelina Wyss-Gordon are to be tested in public if a trial goes ahead, but it would seem likely that all those who have served on the WPI board since WPI was first set up will be called upon to give evidence to investigatory authorities – and those may be multiple. The position of  Carli West Kinne , current Vice President and long term General Council at WPI would seem to be potentially quite difficult given her listing as Registered Agent for many Whittemore ventures, including Wingfield, as well as the Whittemore Family Trust. 

Other investigatory authorities seem likely to have a great interest in the Wingfield case, some of what is alleged would seem to have Federal relevance, and in respect of the WPI there are aspects which are likely of concern to the IRS in respect of WPI’s annual returns. For example should the WPI have declared costs for fundraising or airfares, and those costs have not been paid then a false declaration has been made. And questions then arise as to what has happened to the unaccounted funds. The role of Federal Grant giving agencies must also be in question – was there due diligence to ensure that WPI was fit and proper recipient ? 

XMRV was a disastrous association for M.E/CFS in terms of research credibility – the associated publicity has in fact been played well by a few effective advocacy organisations and the harm that could have resulted has been largely mitigated. The possible implosion of the WPI, a consequent association with illegality and with it a loss of credibility for M.E/CFS fundraising and advocacy would be a further blow that M.E/CFS affected people should not have to endure. How organisations are structured matters – good intentions are not enough, nor are smiling lobbyists with promises of donations beyond dreams the stuff of long term research stability.  M.E/CFS affected people and their advocacy organisations must ensure that in future support is only given where sound institutional practices are demonstrated and guaranteed by external measures.

Myth, Money and Self Delusion

As both science and accountancy begins to inform those who invested heavily in the XMRV hypothesis of disease causation, a presentation of what cash actually bought the WPI lab coat drama alive, seems in order.

No free lunches at the privately funded research table.

Surprisingly there are still articles being written that continue to sow confusion over the foundational finances of the Whittemore Peterson Institute.  An important part of the mythology that describes the Whittemore family as saviours of M.E/CFS research  and which has been much repeated by enthusiasts of the HGRV (formerly XMRV) hypothesis of M.E/CFS causation, is the proposition that the Whittemore family gave $5 million to the WPI. No such donation was ever made. What is the case, as written on this Blog in February 2011, is that via the Whittemore Family Foundation, something over $1 million was contributed by Annette and Harvey Whittemore  University of Nevada as contribution to the building of the University’s Center for Molecular Medicine .

The WPI has accommodation within the CMM building, the basis for this occupancy arrangement is not on public record, although it may be relevant that the WPI donated $100,000 to UofN in 2009.  The total cost of the CMM building project was $77million, $16 million of which was met by Nevada tax payers, the balance being met by University of Nevada financial bonds, together with sums donated by the Whittemore family. Total transfers from the Whittemore Family Foundation to the University of Nevada in the years 2007-2009 amounted to  $1,571,168, matched to a number of stated budgetary purposes.

Mo’ Money 

Funding of the WPI, and the meeting of costs of  administration and research can be broken down into three main categories, income gained from fundraising activities, funds donated by the Whittemore family, and Federal Research Grants.  In 2010/11 a number of Social Network supported grants were also received by the WPI. 

Although WPI was created in 2006, its first year of  operating was in 2007, when its stated income and was: 

• Income: 2007 

Public support                              $37,083

Government Grant                       $400,00

Bank Interest                                 $1,106

In 2008 WPI’s declared income significantly increased due to additional grant income and a transfer of $540,172 from an entity called the Nevada CFS Foundation (subsequently Neuro-Immune Research Institute), of which Annette Whittemore was listed as President. The source of  the NCFSF’s income 2006-2008 was fundraising together with donations from the Whittemore Family Foundation totalling $214,000. The NCFSF contribution was accounted as part of WPI’s 2008 publicly supported funds

• Income: 2008

Fundraising Events                      $514,685

Public support                              $739,345

Government Grant                       $600,000

Bank Interest                                   $8,314

In 2009 WPI declared reduced income from both fundraising events and public support. The Whittemore Family Trust gifted $100,000 to the WPI in 2009, coincidentally the same amount gifted by the WPI to the University of Nevada.

•  Income: 2009

Fundraising Events                      $324,720

Public support                              $287,204

Government Grant                       $600,000

Bank Interest                                   $7,635

Where’s My Grant ?

The WPI has chosen not to account separately for the various Federal sources of its grant funding, it is not required to do so, however it is good practice for Institutions to be explicit about what funds they have received for what purpose. There is often difficulty in relating grant income to annual accounts because grant periods frequently cut across accounting years. The US Government does helpfully list grants given, by Recipient, in the case of the WPI six grants are currently listed .

In 2008 WPI received $189,667 from the HRSA   under award number C76HF09846.  transaction date 07-11-2008 . 

In 2009 a further $565,290 was paid under the award number with an award date of  09-09-2009.

Also in 2009 the WPI received the first annual payment of a multi year award from the National Institute of Allergy and Infectious Diseases(NIAID) under award number R01AI078234 , the payment amount being $335,000 with a transaction date of 24-SEP-2009.

The total amount of Federal Grant awarded to the WPI  in 2008/2009  was £1,089,957 which accords reasonably well with the $1,200,000 declared by the WPI , however the declared sum of $400,000 for 2007 does not appear to relate to any Federal award. There is however the matter of $2,000,000 appropriated by the Nevada State legislature for:

“the use of the Institute for Neuro-Immune Disease[sic] “the construction  of, and furnishings, and equipment for, a facility relating to  the research and treatment of neuro-immune disorders.”

It seems likely that of the $1.6 million declared by the WPI as being ‘received’ Government Grants in the years 2007 - 2009, something in the region of $500,000 came from the Nevada State legislature.

The NIAID R01AI078234 award was matched with $311,316 from the same source in 2010, and a further $302,866 was due in September 2011. In total,  US Federal sources list in excess of $1.7 million having been paid or due to the WPI between 2008 and 2011. The WPI 2010 accounts are not currently available but it is clear that WPI, far from being supported independently of Government as claimed by some commentators, has been heavily dependent on Government funding.

Good People Cost

One aspect of WPI finances that stands out rather strongly is it’s burgeoning wage bill. From just $146,373 in 2007, salaries rose to $354,803 in 2008 and $545,748 in 2009.  Dr Mikovits was paid  $146,154 in 2008 and $185,000 in 2009, an amount which substantially above comparable norms and a surprisingly large amount given the size of the institution. 

* Account information of all US non profit organisations, including for the WPI and WFF, is available from Guidestar in the form of .pdf versions of Form 990 tax returns. The most recent three year’s return are available without cost although registration may be required.

Chronicle of an Embarrassment Foretold

10 months ago I wrote on an internet forum, something that has shown to be prescient:

Progress in science frequently involves two diametrically opposing principles; there's competition between researchers - and there is co-operation between researchers, very often both principles apply to involved research groups at the same time. For this to work, all the participants have to have a degree of confidence in the basis on which each group is working. Where confidence is lacking then a particular laboratory or even a whole institution will be avoided by others working in the field, this will have effects of unwillingness to take on replication, confirmation or validation studies, of unwillingness to peer review and ultimately reduce confidence on the part of publishers. Mikovits and WPI have only themselves to blame if other researchers do not take them seriously, the comments on the ERV blog do represent serious issues for WPI even if the posters are not themselves established researchers the attitudes expressed are likely to be widely held in the medical research field. Mikovits and Whittemore may be happy to wrap themselves up in a Wakefieldesque flag, championing some mythical disease causation - but that will do nothing to advance the cause of M.E/CFS research, in fact it will probably have a highly negative effect because M.E/CFS will once again be associated with 'crank' pseudoscience in the minds of many researchers.

Sadly the damage is already done, and I'm sure that as with Wakefield's followers who refuse to accept the antivax agenda is nonsense, that long after XMRV has been consigned to 'minor interest' status, there will be those invoking mass conspiracy for the research leading nowhere. As Mikovits said - "a negative result doesn't mean you are not [XMRV] positive" - yeah right, just keep buying the tests, we'll get you a positive result eventually !?! What serious scientist would want to associate themselves with that kind of madness, it's a career killer at the very least for anyone committed to objective investigation.

Shortly after writing those two paragraphs  I completed “Creating a Research base isn’t like buying a Football Team” for this blog and thereafter rather lost momentum in writing about what was looking ever more like a train wreck in slow motion.  For the intervening period the headline M.E/CFS story has been entirely subsumed into the XMRV and WPI charade and while the wreck has been evolving there’s been little to write about other than what was clearly going to be an unpleasant transfer of momentum as the Mikovits/Whittemore skytrain achieved negative motion. Not that I predicted the nature of the collapse, but given the florid nature of the WPI Götterdämmerung, a summary of events might be now worthy of record. 

Too good to be true 

In 2009 the magazine Science published a study Detectionof an Infectious Retrovirus, XMRV, in Blood Cells of Patients with ChronicFatigue Syndrome authored by researchers associated with the Whittemore Peterson Institute.  The study was contentious for a number of reasons, not least of which was that it appeared to offer evidence of a single infective agency common to a large percentage of individuals diagnosed with M.E/CFS, such a position is problematic given the diverse presentation of patients falling within the M.E/CFS ambit. The Science article also raised urgent concern amongst Blood Donation Authorities because it appeared to suggest that a XMRV was a potential pathogen that could be communicated via blood donation – numerous studies were initiated to address these concerns necessitating application of large amounts of research funding. Some 38 studies were carried out, yet none provided any support for the WPI study, Science Magazine took the unusual step of issuing an Editorial ‘expression of concern’ and subsequently part of the article was retracted at the request of two of the co-authors.    

No further publication was offered from the WPI until May 2011 and even then this new article  offered no elucidation of the issues of developing concern regarding the 2009 article, despite the new article being predicated on the testing regime used in the 2009 study. The May 2011 article claimed to identify an inflammatory signature specific to XMRV positively tested M.E/CFS sufferers, however as the XMRV test had never been independently validated it is unclear whether the signature was either XMRV or M.E/CFS specific.

At the end of September 2011, doctoral student Abbie Smith, a consistent critic of the WPI XMRV work, published via the ERV blog  a telling critique of the use of  the contradictory usage of data by Dr Judy Mikovits, the senior researcher at WPI .  The material presented in the ERV blog was soon picked up by other researchers and attracted the attention of sciencejournalists .  The credibility of both WPI as an institution, and Mikovits as individual researcher seemed to be impugned and a mature response in defence of their relative positions from both would have been expected by most observers of science. What happened instead only served to bring further opprobrium upon the WPI and Dr Mikovits.

When science fails, there’s always religion

 In January of 2011 I wrote a blog entry entitled  Saints and demons in the Cult of The Chronically Fatigued where I highlighted what I saw as a deeply unhealthy sanctification by some M.E/CFS affected people of  Dr Mikovits, Annette Whittemore and Andrea Whittemore. I subsequently wrote about what I saw as the inherent failings of the WPI, particularly the role played in the organisation by Annette Whittemore:  Creating a Research base isn’t like buying a Football Team .  While the intemperate adulation exercised by some M.E/CFS affected people and the internal failings of the WPI were not causally linked,  together these two elements created a toxic brew in which the inevitable ‘failure to launch’, and consequent breakdown of professional relationships, produced in turn a cognitive dissonance amongst the formerly adulatory claque.  The ‘patient population'  to which both Dr Mikovits and Annette Whittemore made effusive appeals for support, has now become enthralled to a near religious hysteria in which demonisation and martyristic conspiracy are being invoked to explain ‘the Downfall’. While other ‘devils’ in the M.E/CFS firmament have faded from the excited view of ‘advocates’, a new ‘demoness de jour’ has been revealed in all her evil . Once perceived as a fragrant deity of all that was light in the enshadowed world of M.E/CFS research,  Annette Whittemore confirmed her allegiance  to the Dark Side (© G.Lucas)  by sacking Dr J.Mikovits from the employ of the WPI.

For a researcher to part company with an institution under less than happy circumstances is not exactly a rare occurrence – differences of research direction, management styles or simply clashing egos underly many researcher relocations. However these 'separations of the ways' usually occur with little public pronouncement, and in most cases decorum is the order of the day. This however is not the way with WPI and Mikovits. Within hours of Mikovits being told she was surplus to requirements, a variety of Internet Blogs and Forums were alight with tales of the immoderate way in which Annette Whittemore verbally terminated Mikovits’ employment and the stage was set for an unseemly outplaying of an embarrassing drama.

It’s the money stupid

 The Mikovits/Whittemore split generated especial anxiety amongst those who claim M.E/CFS affectedness and who are strongly wedded to the belief that M.E/CFS is a retroviral disease. The WPI with Mikovits at its helm has been the sole institution to have given the ‘M.E/CFS = retrovirus’ proposition any credence. The expulsion of Mikovits saw ' believers' rapidly invoking conspiracy (evil forces ‘getting at’ the WPI) theories together with expressions for the fear of martyrdom (both figurative and literal) of Dr Mikovits. A key part of the narrative soon emerged  - the question of who would continue to enjoy the Federal Research funds that had been awarded for a further two years.  It appeared, via proxy Blogs, that Mikovits was claiming the grant award was to her in person, while this was contested by the WPI. The contention by Mikovits was particularly strange because there is long established  precedent,  that the research contract is between funder and Institution. Nevertheless Mikovits’ supporters promoted the meme that only Mikovits could be trusted to continue the work on putative retroviruses, which Mikovits called HGRVs - Human Gamma Retroviruses, and on that basis Mikovits and not WPI was the rightful recipient of the funds. 

The final act of this increasing soapy drama was opened by the WPI when it further spiced the narrative with a claim about missing lab materials, something which was to lead to an absurdist peak of  drama – Dr Mikovits being arrested and held in jail prison on charges of theft and conspiracy.  The drama was thus complete, not only is ‘conspiracy’ implied, not only has there been betrayal by a close ally, but martyrdom has occurred. M.E/CFS as a religion finally has the objectification of suffering, not merely by the serried ranks of the poorly masses but it now has its own ‘truth bringer’ brought low by those who would follow 12 pieces of silver (actually $1 million in research funds) and who would sell out the truth to render under Caesar that which belongs to posterity. 

Never Ending Story

Mikovits seems likely to face a full criminal trial in due course, given the content of affidavits published in respect of the Civil case that the WPI has brought against Mikovits. The affidavits published on the WPI website attest to theft of research materials from the WPI by a PhD student acting at Mikovits’ behest.  A criminal trial whether or not it results in conviction, will only further cement Mikovits in the role of martyr in the eyes of her unthinking supporters  and full canonical Wakefieldisation appears entrained. The myths of HGRVs will be stitched irrevocably to Mikovits’ beatification and the believers will be wholly immune to any reasoned argument over the failings of Mikovits work.  M.E/CFS research has now has to face up to a future in which all intelligent debate is perpetually dogged by a crank fringe who in the manner of the anti-vaccination movement’s entryism into ASD advocacy, parasitises every open discussion on the epidemiology and aetiology of M.E/CFS.

 

No ‘get out of jail free’ card 

Mikovits’ travails, whatever her culpability or innocence in criminal matters must not distract from full examination of the apparent egregious systemic failures of the WPI. Mikovits, Lombardi as lead scientists and Annette Whittemore  as the de facto senior manager have at the very least to answer the many questions that M.E/CFS affected people have about the research, testing procedures and finances of the WPI. Mikovits is reported to have claimed at a conference in September,  shortly before her contract with WPI was terminated, that the VIPdx laboratory, which had been providing tests for XMRV under licence to the WPI,  would not continue XMRV-testing because the test had not been shown to be reproducible.  Mikovits statement appears to have prompted a response from  Dr Lombardi .  Lombardi’s statement notwithstanding, patients who in total paid in the region of $1 million to VIPdx for these worthless tests, the results of which confirmed for many that they had a retrovirus for which there was no known treatment, deserve elucidation of:

·       Why the WPI felt confident in issuing the test licence before independent validation had been achieved ?

·       What income accrued to the WPI from the licence agreement ?

·       What profit was made by VIPdx on the processing of XMRV tests ?

·       What financial benefit, if any accrued to Mikovits, Lombardi, members of the board of the WPI or there surrogates, from the operation of VIPdx ?

·       In the light of the VIPdx statement that  “The interpretation of the XMRV test results, as with all laboratory tests, is the responsibility of the ordering physician.” What records were kept by WPI/VIPdx of the ordering physician ?

VIPdx operated as private company and there is no legal obligation on VIPdx to make its financial circumstances public, however WPI is a public trust which has operated under claims of acting in the interests of patients. The WPI has a moral obligation to provide transparency , it should not and must not hide behind any wrong doing that may be proved on the part of its employees.