FDA Consequences of Clinical Trial Fraud

The consequences of fraud are pervasive,Why does fraud occur and how does it happen? To
outreaching and forever. If the Sponsor is foundmention a few of the most obvious reasons:
guilty of fraud as per FDA, data validity is- Not enough time
compromised and the clinical submission is jeopardized.- Not enough staff
If the Investigator is involved in the fraud, he or she- Not enough monitoring, frequency or intensity to
is disqualified, listed, given fines, incarcerated, incurdetail
tremendous legal expenses, he or she has just ruined- Not enough subjects, so subjects are reused and
their career. If the Institution, a Hospital, a Phase 1or subjects are "made-up"
Facility, a Clinic, a CRO, IRB or otherwise - is found- Lack of GCP
guilty of fraud - lawsuits. What is the consequence to- Lack of the understanding of GCP
Subjects enrolled in the Clinical Trial - safety and well- Lack of training GCP
being at risk, loss of trust in the clinical trial process,- Lack of training FDA requirements and guidance
lawsuit.- Lack of regulatory oversight
Facts:- Lack of interest and motivation
- Fraudulent Investigators are often used by multiple- Money
Sponsors on Multiple Clinical Trials.- Greed
- Since Investigators are often used by multiple- Intent
Sponsors on Multiple Clinical Trials, these Investigators- Pressure to perform
will have a broad impact on many clinical submissions- Pressure to publish
made by many Sponsors.- Pressure from senior management
- For example, a case in mind - Investigator F, was- Pressure from piers
involved in 91 clinical submissions with 47 different- Pressure from political arenas within medical
Sponsors during the same calendar year.societies, institutions, associations
- Why? Word gets around that there are- Pressure from CRO
Investigators that "want to see their clinical trial site- Pressure from Sponsor.
do the best". Which means that prior to selection ofFDA Regulations (original statements and updates),
that Investigator, he or she understands how topertaining to ("early") actions that must be taken by
manage the Subject CRF, Subject Informed Consentthe Sponsor when fraud, misconduct and
and Clinical Trial Protocol, for examples, in order tononcompliance are suspected or proven, can be
provide the Sponsor with "higher" statistically andfound:
clinically significant subject positive outcomes and21 CFR 312.56(b)
better endpoints with respect to the efficacy andICH E6 - 5.20.1
safety of the drug on clinical trial.ICH E6 - 5.20.2.