Chronology of Events Relating to
the Coulston Foundation
Prepared by In Defense of Animals
April 1993 Toxicologist Frederick Coulston, who had advertised chimpanzees' availability for developing cosmetics and insecticides, consolidates his for-profit primate-testing laboratory into a non-profit organization called The Coulston Foundation (TCF) in order to receive from New Mexico State University (NMSU) gifts of hundreds of chimpanzees and monkeys and $1.1 million in cash. Coulston also inherits from NMSU a contract with the U.S. Air Force to manage the Air Force chimpanzees on Holloman Air Force Base in Alamogordo.
July 1, 1993 TCF takes over day-to-day care of the primate lab on Holloman. Combined with the chimpanzees maintained by TCF at a private facility in Alamogordo, TCF now controls over 500 chimpanzees, making it the world's largest captive chimpanzee colony. These include over 140 Air Force-"owned" chimpanzees, who had been used in space flight research, whom TCF "leases" for research and testing profit (paying the Air Force only one dollar per year).
October 31, 1993 Three chimpanzees, Robert, James and Raymond, overheat to death after the temperature in their den soars to 150 degrees.
September 1994 In Defense of Animals begins its investigation of TCF.
October 1994 The Air Force signs a five-year lease with TCF to care for the Air Force- "owned" chimpanzees over objections from concerned members of the scientific and animal protection communities.
October 2, 1994 Fred Coulston brags that his lab is "now the sole source of chimpanzees for research" in the Alamogordo Daily News.
December 1994 Four monkeys on Holloman Air Force die from water deprivation.
January 1995 IDA files its first formal complaint with the USDA regarding TCF. Over the next eight years, IDA will file dozens of complaints and reports with the agency that will form the basis of the USDA's unprecedented four sets of formal charges against the lab.
May 1995 The Air Force's attempt to give away the 140+ Air Force chimpanzees, and the new $10.5 million, taxpayer-funded chimpanzee housing facility on Holloman Air Force Base, to TCF is blocked by Congress, after IDA spearheads a coalition. Dr. Jane Goodall's objection is the decisive factor.
July 1995 The USDA files formal charges against TCF for the overheating deaths of Robert, James and Raymond; the four monkey water deprivation deaths; and numerous chimpanzee cage size violations.
August 1995 New York University announces that it is giving its Laboratory for Experimental Medicine and Surgery in Primates (LEMSIP) to TCF, including over 200 chimpanzees. The deal falls through, but not before NYU gives TCF 100 chimpanzees and over $1.75 million in cash. The remainder of the LEMSIP chimpanzees are retired to various facilities by LEMSIP veterinarian C. James Mahoney, DVM, Ph.D.
June 1996 TCF settles the July 1995 USDA charges by agreeing to pay a $40,000 fine and promising to cease and desist from violating the Animal Welfare Act.
September 23, 1996 The Fiscal Year 1997 National Defense Authorization Act becomes law. Congress mandates that the Air Force conduct a fair and open bidding process for the 140+ Air Force chimpanzees. Congress tells the Air Force that the chimpanzees may go to qualified bidders either for research or retirement, and that the chimpanzees must be provided "adequate care" for the rest of their lives.
January 21, 1997 A young and healthy 11-year-old chimpanzee named Jello, recently arrived from LEMSIP, dies after being anesthetized in a negligent manner by an inexperienced veterinarian. IDA files several detailed complaints with the USDA alleging negligence.
February 4, 1997 The New York Times covers the Coulston controversy in a front-page story. In the article, Fred Coulston boasts that he can raise chimpanzees like cattle for use as human blood and organ banks.
March 24, 1997 A two-year-old chimpanzee named Echo dies after a botched surgery to treat an injured arm. The surgery is performed by veterinarians so inexperienced that they consult a surgery manual while the young chimpanzee is on the operating table. IDA files several detailed complaints with the USDA alleging negligence.
April 1997 The Environmental Protection Agency files a formal complaint against a TCF lab for multiple violations of Good Laboratory Practice (GLP) violations found by the Food and Drug Administration (FDA) relating to an insecticide marketed by Coulston Products Inc. Coulston eventually settles the charges by paying a $12,000 fine.
December 1997 In a front-page story, the Wall Street Journal covers the Coulston controversy, focusing on the Air Force chimpanzee situation.
January 1998 A chimpanzee named Holly dies on a study from a well-known side effect of the drug being tested.
March 19, 1998 The USDA files its second set of formal charges against TCF for the negligent deaths of Jello and Echo, failure to provide adequate veterinary care, and numerous physical plant and sanitary violations. The complaint upholds evidence provided by IDA. It is the first time in the history of the Animal Welfare Act that a facility has been formally charged twice by the USDA for violations involving negligent primate deaths.
April 1998 Nelson Garnett, the head of the NIH's Office of Protection from Research Risks (OPRR), which is responsible for enforcing PHS Policy for Humane Care and Use of Laboratory Animals, claims that TCF has fixed all of its problems. Garnett is flatly contradicted by the findings of the USDA and American Association for Accreditation of Laboratory Animal Care (AAALAC), which evaluates labs for their compliance with this PHS policy.
April 1998 A federal jury in Las Cruces, NM finds that TCF has violated Title 7 and sexually harassed a former employee. TCF will drop its appeal of the verdict after the judge finds that the evidence supports the verdict.
June 26, 1998 Two more chimpanzees, Terrance and Muffin, die on a study of the very same drug that had resulted in Holly's death in January. Terrance and Muffin also die from the same well-known, and treatable side effect that killed Holly.
June 30, 1998 AAALAC formally rejects TCF's bid to become accredited, citing facility-wide deficiencies related to inadequate veterinary care, inadequate veterinary staffing, inadequate IACUC functioning, and numerous physical plant problems.
July 1998 TCF accepts a contract to perform extremely invasive, but extremely profitable, cervical disk replacement experiments on chimpanzees, sponsored by Spinal Dynamics Corp., a Mercer Island, Washington-based start-up company. The study had been rejected by at least one other chimpanzee lab. IDA exposes TCF's plans to conduct the experiments.
August 1998 The Air Force awards TCF 111 Air Force chimpanzees, despite the pending USDA charges and official investigation, and lack of AAALAC accreditation. In spite of TCF's unprecedented record of negligence, the Air Force claims the lab's record is as good or better than other labs. The remaining 31 chimpanzees will go to Primarily Primates, a sanctuary in Texas.
October 1998 The Center for Captive Chimpanzee Care, whose bid for the Air Force chimpanzees had been rejected, files suit against the Air Force for awarding the chimpanzees to TCF. IDA works closely with the Center and its attorneys, filing two sworn affidavits that form much of the basis of the Center's case.
November 1998 TCF lays off approximately 20 employees 15 per cent of its claimed workforce of 150 asks senior staff to take a pay cut, and loses its president, Travis Griffin, who had worked with Fred Coulston for almost 30 years.
December 1998 NIH's OPRR launches an investigation of TCF following numerous USDA inspections documenting lack of adequate veterinary care and other deficiencies at the lab.
December 31, 1998 The National Cancer Institute ends a subcontract that TCF had inherited from NMSU to maintain HIV-infected chimpanzees.
January 1999 IDA files a 31-page "Report on the Deaths of Terrance, Muffin and Holly" with the USDA. The report is a comprehensive analysis of the published medical literature proving beyond any doubt that the "vascular leak syndrome" that killed the chimpanzees was the most common and well-known side effect of the drug being tested, thus proving Coulston's negligence.
February 11, 1999 The USDA files an unprecedented third set of formal charges against TCF for the negligent deaths of Terrance, Muffin and Holly; failure to provide them adequate veterinary care; and numerous IACUC violations related to their deaths. It is the third time in 11 months that the USDA has cited the lab for inadequate veterinary care. IDA's "Report on the Deaths of Terrance, Muffin and Holly" is the main evidence upon which the USDA bases the charges.
February 22, 1999 OPRR "restricts" TCF's Animal Welfare Assurance, which maintains the lab's eligibility for federal funding. The restriction requires, among other things, that TCF hire seven "fully qualified" veterinarians. TCF never complies with this order, but continues to receive NIH funding.
March 1999 The Associate Director of the National Center for Research Resources, Louise Ramm is "tasked" by then-NIH Director Harold Varmus to deal with the burgeoning TCF problem.
March 31, 1999 TCF's contract with the National Institute on Allergy and Infectious Diseases to maintain HIV-infected chimpanzees expires. Along with the National Cancer Institute subcontract, this contract paid TCF over $10 million since 1993, and had been "critical" to the lab's operations, according to CEO Fred Coulston.
April 6-7, 1999 NIH conducts a site visit and audit of TCF and finds the lab on the verge of bankruptcy, with $800,000 in unpaid bills and $2.6 million in outstanding loans. In the NIH's report of the site visit/audit, TCF CEO Fred Coulston specifically blames In Defense of Animals for the lab's dire financial situation. He also asks the NIH for immediate financial assistance.
May 1999 IDA files the first of its multiple complaints with the Food and Drug Administration alleging widespread violations of Good Laboratory Practice regulations at TCF.
May 1, 1999 Another chimpanzee, Eason, dies while on the Spinal Dynamics invasive spinal disk replacement experiment. IDA files complaints regarding his death. The USDA will find numerous violations relating to his death.
June 11, 1999 The NIH begins the first of many "supplemental awards" to TCF in an effort to avert bankruptcy at this private lab; this and other "prop-up" money will eventually total over $4 million. Although the NIH will claim that it is propping up the lab because of concerns for the chimpanzees' welfare, conditions become far worse, resulting in multiple violations including the most horrific chimpanzee death ever known at TCF.
August 1999 Pharmaceutical giant Pfizer cancels an invasive and highly lucrative study on chimpanzees after IDA informs the company that the study (of how diet affects drug metabolism) could be done in people, and therefore would violate the Animal Welfare Act. IDA also informs Pfizer of Coulston's unprecedented record of negligence.
August 19, 1999 After IDA files multiple complaints, the FDA identifies over 270 violations of GLP regulations on just three studies reviewed at TCF, including the one in which Terrance, Muffin and Holly died. GLP regulations exist to ensure data integrity and human safety. The report also documents numerous violations of the Animal Welfare Act, including the death of a chimpanzee who lost 29 per cent of his body weight in less than one month.
August 24, 1999 TCF settles the March 1998 and February 1999 formal charges and the investigation into Eason's death (which found multiple violations of the Animal Welfare Act). The unprecedented settlement requires that TCF divest itself of 300 chimpanzees by 2002, almost half of its population, and submit to unprecedented outside oversight measures, including inspection by an external review team of the lab's choosing.
September 15, 1999 The FDA's contract with TCF for breeding chimpanzees expires. Combined with the other lost NIH contracts, this accounted for 49.5 per cent of TCF's entire revenue for Fiscal Year 1997-1998.
October 1999 The Air Force settles the lawsuit filed against it by the Center for Captive Chimpanzee Care. The Center will receive 21 chimpanzees, 17 former Air Force.
November 1999 IDA sues the NIH for improperly withholding TCF-related documents under the Freedom of Information Act. Initially the NIH had identified only 84 pages responsive to the request; after IDA filed the lawsuit, the agency not only uncensored 70 of the 84 pages, but also found almost 1,000 more pages. These and other documents will reveal not only the NIH's duplicity and illegal actions, but also its fears about what IDA will do next.
November 9, 1999 Donna, a 36-year-old ex-Air Force chimpanzee, dies horrifically after carrying a large, dead fetus inside her for weeks, resulting in a massive infection and uterine rupture. IDA exposes the gruesome circumstances surrounding her death, forcing the USDA to launch its seventh official investigation of Coulston in as many years.
December 22, 1999 The FDA issues a rare formal Warning Letter, ordering the TCF not to initiate any new GLP studies. The Letter states that the conditions at TCF are "serious violations" having "widespread consequences" for data integrity and human safety.
March 21, 2000 IDA testifies before the House Appropriations Subcommittee for Labor, HHS and Education about the NIH's malfeasance and continued illegal funding of TCF. Using the NIH's own internal documents, IDA proves that the NIH has lied to Congress and the public about the situation at Coulston, and repeatedly violated federal law.
April 28, 2000 - AAALAC again denies TCF accreditation, issuing a scathing report about fundamental and facility wide non-compliance with federal animal care regulations at TCF. AAALAC also faults the lab's compliance with worker safety laws.
May 10, 2000 The NIH takes "ownership" of 288 of TCF's chimpanzees because of concerns about the lab's financial stability and staffing, and issues a Request For Proposals (RFP) to care for the chimpanzees, who are housed on Holloman Air Force Base.
May 15, 2000 The Washington Post covers the controversy. In the article NIH official John Strandberg claims that TCF's problems are mostly public relations, and that the USDA's concerns are simply wall surface and record keeping violations. IDA exposes Strandberg's duplicity with the NIH's own internal documents.
May 18, 2000 Congress holds hearings on the Chimpanzee Health Improvement Maintenance and Protection (CHIMP) Act. The bill would create a system of federally supported sanctuaries for chimpanzees considered as "surplus" in laboratories. A major focus of the hearings is the abysmal situation at TCF. Congress expresses incredulity at Strandberg's comments in the Washington Post, and places the article into the record.
May 19, 2000 OPRR restricts new funding to TCF, writing that the lab is in "serious noncompliance" with the PHS Policy." NIH illegally maintains existing funding pending a review of current grants and contracts.
May 31, 2000 TCF IRS Form 990 for Fiscal Year 1998-1999 indicates that CEO Fred Coulston has either given or loaned the foundation over $1.2 million. The report also shows TCF has lost approximately $2.6 million during this Fiscal Year, and has taken in only 50 per cent of what it claims it needs to operate the facility.
August 2000 Another chimpanzee, ten-year-old Ray, dies at TCF after allegedly not being treated for days despite his being noticed to be ill. Ray was one of the 288 whom the NIH took "ownership" of in May. After IDA publicizes Ray's death, and provides the USDA with detailed evidence including a 19-page report, the agency will launch yet another official investigation the 8th since 1993, and the 6th since 1997.
October 2000 The NIH rejects Coulston's bid to care for the 288 NIH-"owned" chimpanzees on Holloman Air Force Base, less than three weeks after IDA's exposure of Ray's negligent death.
November 2, 2000 After IDA files a formal complaint, the federal Occupational Safety and Health Administration (OSHA) fines TCF after finding over a dozen "serious" safety violations at the Holloman site. These violations include the failure to provide proper protective eyewear and respirator training for employees dealing with virus-infected primates, including the deadly Herpes B virus.
November 27-December 8, 2000 FDA inspectors, again acting on evidence provided by IDA, document even more severe GLP violations, including blatant and repeated violations of the agency's December 1999 Warning Letter. Since August 1999, the NIH has also been responsible for ensuring GLP compliance at the lab.
December 20, 2000 President Clinton signs the CHIMP Act into law. At the behest of the NIH, Congress at the last minute had amended the Act, passing a version, which Clinton signed, that contains a gaping loophole that allows supposedly retired chimpanzees to be forced back into research.
May 2001 - The NIH awards a contract for management of the 287 formerly Coulston-"owned" chimpanzees on Holloman Air Force Base to the Charles River Corporation, the nation's largest breeder, importer and supplier of primates and other animals for laboratories.
May 2001 After IDA publicly exposes the NIH's plans to purchase 14 baby chimpanzees from TCF for use in research, the agency decides to cancel the transaction.
June 2001 After years of pressure, complaints, evidence, testimony and public exposure from IDA, the NIH finally pulls TCF's Animal Welfare Assurance, making the lab ineligible for federal funding. As a result, TCF loses $2.6 million per year -- two-thirds of its remaining annual income.
July 2001 USDA files a fourth set of charges against TCF, charging the lab for the negligent deaths of Donna and Ray as well as multiple deficiencies in veterinary care and research oversight. Once again, IDA's evidence forms the basis of the charges. The lab is also charged for violating the August 1999 consent decree. All of the violations in this fourth USDA complaint the most serious ever -- occurred during the same time that the NIH was illegally "propping up" the lab, claiming it was doing so because of concern for the chimpanzees' welfare.
October 2001 The FDA files second Warning Letter against TCF for continued violations of Good Laboratory Practice standards. The letter states that the FDA says will reject all studies done at Coulston since December 1999. The restriction effectively shuts down TCF's ability to attract private contracts from any company seeking to test drugs or devices for FDA approval.
October 16, 2001 The state of New Mexico files a tax lien for $115,416.53 against TCF for failure to pay payroll taxes (recorded in Book 999, pages 716-717, Otero County, NM courthouse).
December 2001 The First National Bank of Alamogordo files a foreclosure lawsuit against TCF in an attempt to collect $1.2 million in unpaid loans.
November 2001 through July 2002 While the unprecedented fourth set of charges is pending, the USDA continues to document severe Animal Welfare Act violations at TCF as well as severe financial deficits that prevent the lab from maintaining adequate staff and purchasing and maintaining the most basic equipment, drugs, toys and food.
April 2002 A blood analyzer critical to TCF's testing and animal care is repossessed.
May 2002 TCF paychecks bounce in the first of several failures by the lab to make payroll.
June 11, 2002 The IRS files a tax lien for $291,893.63 against TCF for unpaid payroll taxes (recorded in Book 1025, page 937, Otero County, NM courthouse).
June 19, 2002 The State of New Mexico files another tax lien for $21,139.85 against TCF for more unpaid payroll taxes (Book 1028, pages 953-954, Otero County courthouse). TCF CEO Fred Coulston begins trying to sell his personal belongings in a frantic attempt to raise money.
July 8, 2002 Ricoh Corporation files a judgment against TCF for $3,147.81 after the lab fails to make payments on its copy machine (Book 1030, page 845, Otero County courthouse).
July 2002 TCF employees threaten to walk out unless they are paid.
Spring 2002 TCF's options have run out. After frantically trying, and failing, to find another lab that will buy him out in a worldwide search that included Europe and Asia, Fred Coulston contacts the Center for Captive Chimpanzee Care and enters into negotiations for sale of the lab's buildings, equipment and land. The Center, which had won its lawsuit against the Air Force resulting in its rescuing 21 former Air Force chimpanzees who had been housed at Coulston, runs a state-of-the-art sanctuary in Florida. The Center conditions the deal on Coulston's donation of the 266 chimpanzees and 61 monkeys "owned" by the lab. Coulston's dream of "cornering the market" on chimpanzees in research is dead, his lab's reputation obliterated. Fred Coulston had personally sunk well over $7 million of his own money into the lab; TCF owes over $4 million in the end.
September 16, 2002 TCF ceases to exist as a research lab. It is the first time in history that an animal protection group has forced the closure of a lab. Coulston had been supported with well over $40 million from the U.S. government, making IDA's monumental victory that much more difficult. The best aspect of the victory, by far, is that the chimpanzees and monkeys will not be "redistributed" to other labs, but will instead be permanently removed from research. With the Center's takeover of the buildings, equipment and land, all of the nonhuman primates formerly "owned" by the now-defunct TCF 266 chimpanzees and 61 monkeys will be placed into permanent retirement. These include many of the 14 babies whom the NIH had wanted to purchase for research, 16 of the famed "space chimpanzees" who had been abandoned by the Air Force, and many of "prime breeders" whom the government had forced into lives as "breeding machines" (well over 100 of their babies were infected with deadly viruses). Combined with the previous retirement of 109 LEMSIP chimpanzees, the action means that over one-fourth of the U.S. research chimpanzee population will be permanently saved from experimentation. Because almost all of the Center's chimpanzees have not been infected, the sanctuary's population comprises a much higher percentage of "naive" chimpanzees those considered most "valuable" by researchers.
Related Links
- Coulston Campaign Overview
- Campaign Milestones
- The "Spirit of the Mission Award"
- Chimpanzee List
- Chimpanzee Deaths at Coulston
- In Memoriam: Donna
- Quotes from Frederick Coulston
- IDA Testimony to Congress
- Coulston Campaign Archive
Resources
- In Defense of Animals
- Center for Captive Chimpanzee Care
- Jane Goodall Institute
- Animal Protection Institute of New Mexico
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