UNIVERSITY OF CALIFORNIA ETHICAL VALUES

Individual Responsibility and Accountability

We will accept responsibility appropriate to our positions and delegated authorities
Of particular interest to all members of the campus community
    This means that each member of the campus community
  1. Assumes responsibility for actions taken and for decisions made not to act

Perspective: A Real World Illustration

A November 2003 Associated Press newspaper article reported on a professor from a public university located in Texas accused of smuggling plague-causing bacteria.

He testified that he did not know he was committing a crime when he packaged samples of the potentially deadly bacteria and shipped them to Tanzania in a FedEx package.

The renowned plague researcher faces 69 charges stemming from his work, including charges of lying to federal agents after his report of 30 stolen vials. He later said he accidentally destroyed the vials, according to testimony.

At his trial, the professor calmly described how he packaged the samples and sent them to a doctor he had been working with in Tanzania. He said each vial had a watertight seal, and that they were placed in another plastic container with a watertight seal. He said there was nothing sneaky about the package he sent. "I took this package to the FedEx office and filled it out in the presence of a FedEx employee" he said. He did not tell the FedEx employee that there were plague-causing bacteria in the package.

He also said he did not read the small print at the bottom of the FedEx paperwork that he signed. It stated there were no dangerous goods inside the package. "I just didn't strain to read the fine print," he said.

In earlier testimony, prosecutors had said shipping the package to Tanzania was dangerous because there were known terrorists in the African country. The professor responded by saying that the doctor he was sending the samples to was a trusted researcher. "This is the last man on Earth I would consider to be a terrorist," he said. "I trusted him completely."

On cross-examination, the prosecutor questioned him about discussions he had with FBI agents. He testified he told agents the vials might have been put in a sterilizing machine as part of his cleanup of an accidental spill of plague samples.

The prosecutor said there were no entries in the professor's lab notebook about the spill. "It was an accident but I didn't write it down" the professor said.

The prosecutor questioned the professor on how a researcher of his experience couldn't recall that 30 vials of plague might have also gone into the sterilizing machine.

"The bigger event to me is safety," answered the professor. "Cleaning up the area was more important than preserving the tubes."

The professor testified that he was innocent of all charges stemming from his work and his report of missing vials, which sparked a bioterrorism scare and brought dozens of federal agents to the university. He also said an FBI agent told him he would not be arrested if he signed a statement saying he accidentally destroyed the vials of bacteria.

Among the other charges the professor also faces charges of theft, embezzlement and fraud.

Prosecutors allege the professor reported the vials stolen in retaliation against and to deflect attention from difficulties he was having with the university's institutional review board. The board reviews and monitors any studies being done that involve humans.

The 69 charges carry a potential prison term of 469 years, although he would get far less under federal sentencing guidelines if convicted. He also faces fines of up to $17.1 million.

Last Revised 5/23/2006