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U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

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FR DATE: 11/06/2002

[Federal Register: November 6, 2002 (Volume 67, Number 215)]

[Notices]               
[Page 67628]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06no02-79]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 00N-1526]

 
Robert A. Fiddes; Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is issuing an order 
under the Federal Food, Drug, and Cosmetic Act (the act) debarring Dr. 
Robert A. Fiddes for 20 years from providing services in any capacity 
to a person that has an approved or pending drug product application. 
FDA bases this order on a finding that Dr. Fiddes was convicted of a 
felony under Federal law for conspiring to make false statements to a 
government agency, and was a material participant in offenses for which 
three other people are being debarred. Dr. Fiddes has failed to request 
a hearing and, therefore, has waived his opportunity for a hearing 
concerning this action.

DATES: This order is effective November 6, 2002.

ADDRESSES: Submit applications for termination of debarment to the 
Dockets Management Branch (HFA-305), Food and Drug Administration, 5630 
Fishers Lane, rm., 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Mary Catchings, Center for Drug 
Evaluation and Research (HFD-7), Food and Drug Administration, 5600 
Fishers Lane, Rockville, MD 20857, 301-594-2041.

SUPPLEMENTARY INFORMATION:

I. Background

    On September 30, 1997, the U.S. District Court for the Central 
District of California accepted Dr. Fiddes' plea and entered judgment 
against him for one count of conspiring to make false statements to a 
government agency, the FDA, in violation of 18 U.S.C. 371 and 1001. 
This conspiracy conviction was based on Dr. Fiddes participating in, 
directing, and encouraging the submission of false information to 
sponsors in required reports for clinical studies used by FDA to 
evaluate the safety and effectiveness of drug products.
    As a result of this conviction, FDA served Dr. Fiddes by certified 
mail on June 6, 2002, a notice proposing to debar him for 20 years from 
providing services in any capacity to a person that has an approved or 
pending drug product application. The proposal also offered Dr. Fiddes 
an opportunity for a hearing on the proposal. The debarment proposal 
was based on findings: (1) Under section 306(b)(2)(B)(i)(II) of the act 
(21 U.S.C. 335a(b)(2)(B)(i)(II)) that Dr. Fiddes was convicted of a 
felony under Federal law for conspiracy to make false statements to a 
government agency and, (2) under section 306(b)(2)(B)(iii) of the act 
that Dr. Fiddes was a material participant in offenses leading to the 
conviction and debarment of three other individuals. Dr. Fiddes was 
provided 30 days to file objections and to request a hearing. Dr. 
Fiddes did not request a hearing. His failure to request a hearing 
constitutes a waiver of his opportunity for a hearing and a waiver of 
any contentions concerning his debarment.

II. Findings and Order

    Therefore, the Director, Center for Drug Evaluation and Research, 
under section 306(b)(2)(B) of the act, and under authority delegated to 
her (21 CFR 5.99), finds that Dr. Robert A. Fiddes: (1) Has been 
convicted of a felony under Federal law for conspiring to make false 
statements to a government agency, and (2) was a material participant 
in offenses leading to the conviction and debarment of three other 
individuals.
    As a result of the foregoing findings, Dr. Robert A. Fiddes is 
debarred for 20 years (4 periods of 5 years, to run consecutively, 
based on his conviction of a Federal felony and his role as a material 
participant in the offenses leading to the conviction and debarment of 
three other individuals) from providing services in any capacity to a 
person that has an approved or pending drug product application under 
section 505, 512, or 802 of the act (21 U.S.C. 355, 360b, or 382), or 
under section 351 of the Public Health Service Act (42 U.S.C. 262) (see 
sections 306(c)(1)(B) and (c)(2)(A)(iii) and 201(dd) of the act (21 
U.S.C. 321(dd))). Any person with an approved or pending drug product 
application who knowingly uses the services of Dr. Fiddes, in any 
capacity, during his period of debarment, will be subject to civil 
money penalties. If Dr. Fiddes, during his period of debarment, 
provides services in any capacity to a person with an approved or 
pending drug product application, he will be subject to civil money 
penalties. In addition, FDA will not accept or review any abbreviated 
new drug applications submitted by or with the assistance of Dr. Fiddes 
during his period of debarment.
    Any application by Dr. Fiddes for termination of debarment under 
section 306(d)(4) of the act should be identified with Docket No. 00N-
1526 and sent to the Dockets Management Branch (see ADDRESSES). All 
such submissions are to be filed in four copies. The public 
availability of information in these submissions is governed by 21 CFR 
10.20(j). Publicly available submissions may be seen in the Dockets 
Management Branch between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: October 15, 2002.
Janet Woodcock,
Director, Center for Drug Evaluation and Research.
[FR Doc. 02-28256 Filed 11-5-02; 8:45 am]
BILLING CODE 4160-01-S