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Chronology Relating to Blatant and Repeated Misrepresentations of Fact made by Louis Sibal, Ph.D., former director of NIH's Office of Laboratory Animal Research, to Both Members of Congress and the Public Regarding The Coulston Foundation

Prepared October 5, 2000

July 1995 - USDA files first set of formal charges against The Coulston Foundation (TCF) for multiple violations of the Animal Welfare Act (AWA) including negligence in the deaths of three chimpanzees and four monkeys.

June 1996 - TCF settles the USDA charges by agreeing to pay a $40,000 fine and to cease and desist violating the AWA.

February 1998 - the Association for Assessment and Accreditation of Laboratory Animal Care International conducts a site visit at TCF. AAALAC finds fundamental violations of the NIH Guide for the Care and Use of Laboratory Animals — the very Guide that NIH is supposed to use to enforce animal welfare laws at NIH-funded facilities – related to deficient veterinary care, staffing, training and experience; deficient research oversight and numerous physical plant violations.

March 1998 - USDA files unprecedented second set of charges against TCF for multiple violations of the Animal Welfare Act related to the deaths of two chimpanzees, Jello and Echo, and numerous physical plant and sanitary violations. Among the charges is TCF's failure to provide adequate veterinary care on a facility-wide basis.

June 1998 - AAALAC formally rejects TCF's application for accreditation.

August 28, 1998 - NIH's Interagency Animal Models Committee meets and considers approval for a grant application to study a prostate disorder on chimpanzees at TCF. Sibal, chair of the committee, informs other members that " . . . The animal protection organization, In Defense of Animals, has written to the NIDDK [the NIH agency funding the study] alleging numerous violations of Federal law by the Foundation. However, the OPRR [the NIH office that is supposed to monitor compliance with animal welfare laws and policies by all NIH grantees] has reviewed the CF facilities and has worked with the Foundation to correct the deficiencies identified. At this time, there is no bar against NIH funding studies at CF." Sibal never mentions the AAALAC findings, or USDA charges or the new USDA investigation (which eventually prompted a third set of formal charges for the negligent deaths of three chimpanzees and numerous research oversight violations). Protocol is approved.

December 1998 - USDA inspection report cites TCF for inadequate veterinary care among other AWA violations, finding that TCF had only 2.5 veterinarians to care for 650 chimpanzees and 300 monkeys.

February 1999 - USDA files third set of charges against TCF for multiple violations of the Animal Welfare Act involving the deaths of three chimpanzees, Terrence, Muffin and Holly. Charges again include failure to provide adequate veterinary care, as well as failure to provide research oversight, as required by law. The USDA issues a press release stating it has "grave concerns" about the circumstances surrounding the deaths.

February 10, 1999 - Randy Elkins, an official at the National Institute on Allergy and Infectious Disease sends Lou Sibal an email stating, ". . . The Coulston Foundation is not AAALAC accredited and will not be. . . . My source at Coulston said that [TCF CEO] Dr. Coulston does not support the AAALAC process or have the funds available for facility modification necessary for AAALAC accreditation identified in a site visit last spring."

February 16, 1999 - Sibal is asked via email for comments on NIH response to inquiry from Rep. Carolyn Maloney about TCF. Deadline for Sibal's comments is following day, Feb. 17. Sibal has been repeatedly emailed by NIH officials about Rep. Maloney's inquiry, and is actively involved in helping to draft the response.

Sometime after February 17, 1999 - NIH sends undated response to Rep. Maloney stating that TCF has made "continuing progress" toward the goal of AAALAC accreditation, despite AAALAC’s rejection of TCF’s attempt to become accredited. Letter also claimed wrongly that the USDA has the authority to suspend TCF's federal funding. In fact, that responsibility rests solely with NIH. Sibal is cc'd on the letter.

April 6-7, 1999 - NIH conducts site visit/audit at TCF. NIH auditors find TCF on the verge of bankruptcy with $800,000 in unpaid bills; $2.6 million in outstanding loans; and only one-third of the monthly cash flow necessary to keep the facility solvent. Auditors state that TCF can only survive financially another two to three months. Internal NIH documents show that the "dire" financial situation has caused employees to leave, and TCF’s vice-president and CFO to express serious concern about the facility’s ability to care for its animals. In March 1999, NIH official Louise Ramm exemplified the importance of financial stability to the welfare of the animals, writing that "If CF is in financial difficulty...it may pose an imminent threat to the welfare of all these animals, whether supported by the NIH or not." Ramm cc’d this letter to Sibal. The NIH site visitors also find "veterinary care is problematic" with three full-time veterinarians who are "very junior with no formal training in primate medicine and may be inadequate for the job at hand." NIH also discovers that TCF has "expended" millions of taxpayer dollars in endowment funds meant for the long-term care of specific chimpanzees. Sibal participated in this site visit.

April 23, 1999 - NIH emails worry about the "very explosive" situation at TCF and the "nasty" oversight issues it raises.

May-October 1999 - Lou Sibal sends letters to at least 22 members of the U.S. House and Senate and the public stating "In addition, because of public concern for the welfare of these valuable [TCF] animals, the NIH sent a team of senior scientists and veterinarians to the CF in April 1999. The group found the facilities acceptable; the animals appeared to be in good physical condition and were receiving proper care and treatment by an attentive animal care staff."

June 1999 - USDA launches new investigation of TCF after initial inspections indicate widespread violations of the AWA related to the death of a chimpanzee named Eason.

June 11, 1999 - NIH begins to prop up TCF with "supplemental awards" intended solely to avert bankruptcy at this failing private laboratory. To date, NIH has funneled at least $1.75 million in taxpayer funds to TCF for this purpose.

August 24, 1999 - TCF enters into settlement decree with the USDA that mandates the facility divest of half its chimpanzee population; provide adequate veterinary care and staffing; restrict breeding and submit to unparalleled oversight measures.

August 1999 - FDA investigators document more than 270 violations of Good Laboratory Practice regulations – enacted to ensure data integrity and human safety – at TCF on just 3 studies reviewed.

August 16, 1999 - NIH announces contract for "onsite monitoring" of chimpanzees at TCF. Contract is fulfillment of condition of consent decree between TCF and the USDA requiring an "independent compliance official" to monitor TCF. Sibal is designated project officer on the contract for NIH. Contract includes preference for "DVM or equivalent."

September 20, 1999 - Sibal sends letter to concerned citizen falsely claiming, "Although the USDA has filed several charges against the CF, the issues have not yet been resolved and no final action has been taken. . . . " Letter does not mention the FDA action against TCF, ignores consent decree that settled USDA charges as well as USDA's new investigation of lab.

October 1, 1999 - Sibal repeats false claim about "no final action" on USDA charges to several members of Congress.

December 22, 1999 - FDA issues rare warning letter, finding the conditions at TCF to be "serious violations" of GLP regulations with "widespread consequences" for data integrity and human safety. FDA orders TCF to halt all new GLP studies until the "serious violations" are corrected.

December 13-16, 1999 - USDA inspection finds widespread AWA violations at TCF relating to the deaths of four chimpanzees. USDA again cites facility for inadequate veterinary care, and states that TCF has only 2.4 clinical veterinarians. (Previously NIH had determined that TCF needed 7 fully qualified veterinarians for adequate staffing.)

December 31, 1999 - Sibal retires from the NIH.

January 2000 - USDA launches seventh investigation in seven years of TCF after initial inspections indicate widespread AWA violations surrounding gruesome death of chimpanzee named Donna, who died on November 9, 1999 – during Sibal's NIH tenure – from a massive infection and ruptured uterus after carrying a dead fetus inside her for up to two months.

June 22, 2000 - Affidavit by USDA Western Regional Director Dr. Robert Gibbens stated that the USDA "anticipates" filing a formal complaint against TCF for violations of the AWA uncovered during investigation of the death of Donna and other chimpanzees who died while Sibal was at NIH.

September 2000 - Contract for on-site monitoring of TCF chimpanzees, which had been awarded to Cascade Biomedical Consultants, expires.

September 14, 2000 - NIH announces intent to sole-source contract for "on-site monitoring" of chimpanzees at TCF to Sibal, the former project officer for that contract. Contract is tailor-made for Sibal, who is not a veterinarian. Preference for "DVM or equivalent" is eliminated.

September 28, 2000 - In Defense of Animals files a 20-page complaint documenting why Sibal should be disqualified from receiving this contract. Among the reasons cited by IDA are Sibal’s clear conflict of interest; Sibal’s lack of qualifications, including the fact that he is not a veterinarian; Sibal’s repeated misrepresentations regarding the conditions at TCF to both members of the Congress and the public; Sibal’s status as project officer on the very contract NIH is attempting to sole-source to him; and Sibal’s central involvement in the debacle of NIH "oversight" of TCF.

October 4, 2000 - NIH contract officer Karen Riggs informs IDA that the NIH has awarded Sibal the contract.


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