Can lawyers influence a misconduct investigation? Case of Tina Wenz

Tina Wenz is a German mitochondria biologist, who was now found guilty of research misconduct in her six publications, authored as postdoc and group leader. The investigation was performed by her former employer, the University of Cologne in Germany, the results were announced in a press release on September 29^th 2016. She was instructed to retract all these 6 publications, her former postdoctoral advisor and corresponding author Carlos Moraes from the University of Miami already announced to ask the journals to retract his four common papers with Wenz. Two other papers came from Wenz’ own former lab in Cologne, within the CECAD ageing research centre. Previously, Wenz’ lawyers attempted to squash any kind of identifying reporting about their client; a source indicated that the Cologne investigation had a certain heavy legal edge to it. None of these legal efforts helped, it seems. The university chose to de-anonymise Wenz’ name as well as to release detailed descriptions of research misconduct, a rather singular event in the notoriously secretive German academic environment, where the outcomes of institutional misconduct investigations are reported in public only with all identifying information removed or in fact are sometimes not even known to have ever taken place. In fact, the same University of Cologne keeps rejecting my freedom of information requests about a different investigation they have performed. On June 20^th 2016, my inquiry to the University of Cologne about the outcome of that and the Wenz investigation was rejected outright.

Wenz was recruited as group leader to the Institute of Genetics of the University of Cologne in February 2010 while funded for five years by the elite Emmy Noether programme of the German Research Society (DFG). The funded research topic was: “Mitochondrial protein synthesis defects: From molecular basis to therapeutic approach“. Wenz then led her lab at the University of Cologne for 3 more months with funding from the pharma giant Boehringer Ingelheim, and in October 2015 she switched completely as “Lab head, Principal Scientist” to Boehringer Ingelheim, located in Biberach in southern Germany. Her LinkedIn profile containing this information has been deleted meanwhile (backup here).

Prior to her move to Cologne, Wenz worked as postdoc in the Moraes lab at the Miller School of Medicine of University of Miami for almost four years. Accidently, a collaborating author on two now to-be-retracted papers by Wenz and Moraes is Bruce Spiegelman, a star obesity and diabetes researcher from Harvard. A certain paper from Spiegelman’s own lab on irisin was harshly criticised for irreproducibility, its first author and key irisin “discoverer” was the proven cheater Pontus Boström from Sweden (see my reporting here).

In October 2015, an anonymous source alerted me to the PubPeer evidence which freshly emerged against five Wenz’ publications. These were the papers 2 till 6 on the list below, it seems therefore university commission investigated an additional paper from the former Wenz lab in Cologne (listed as Nr 1, Di Domenico et al 2014). The source suggested to me to pitch this as a potential story to Lab Times, the English-language magazine published by the German Laborjournal-Verlag which I used to regularly write for (we separated soon after, not in friendship). Laborjournal commissioned with me an article which was never paid, and I started to investigate. Soon I learned that the University of Cologne was scrutinising the case, though the university itself refused to confirm this to me.

However, right away, on October 14^th 2015, I received from the Cologne-based law firm Höcker an “information and warning letter regarding press law”, where I was told that “no identifying reporting about their client is permitted”. RetractionWatch received a similar letter, but reported about this as well as the PubPeer allegations against Wenz nevertheless on October 26^th 2015.

The law firm Höcker also told me that I have to offer their client the opportunity to take a stand against any allegations. Therefore, on October 29^th 2015 I submitted a detailed inquiry which covered every single PubPeer accusation, to this law firm and addressed to Wenz (in German, a copy available here). The law firm acknowledged to discuss this request with their client, and I never heard back from any of them.

Wenz former postdoctoral advisor Moraes retracted one of her publications (Wenz et al, Cell Metabolism, 2009) already in October 2015 and then commented on PubPeer that “these were not innocent mistakes”. Now, he wrote to me:

“I am saddened by the fact that even though the results from some of the publications that she did in my lab are probably correct, as they have been reproduced by other labs, they have been tainted by blot duplications. This body of work took an incredible effort from a large number of people and considerable resources over many years. In any case, science needs to be credible and therefore must correct itself. In this context, I am glad these problems were detected. I am now working with Journal editors to retract affected papers, in addition to the one I have already retracted”.

While following up the case for Laborjournal, I also asked Wenz’ employer Boehringer Ingelheim what they thought of these accusations and the ongoing investigations. In October 2015, Ralph Warsinsky, the spokesperson for Boehringer wrote to me the following, which he reiterated this again on April 14^th 2016:

“The investigations you mentioned are known to us. Since these relate to the time at which Dr. Wenz was not working for Boehringer Ingelheim, there is no direct link to her activities at Boehringer Ingelheim”.

Two months later, the Cologne investigation concluded. I wrote again to Warsinsky from Boehringer and will update this post with his reply.

Update 5.10.16: my phone call to Boehringer Ingelheim reception was answered with the information that Tina Wenz still works at this company.

Update 11.10.2016: Warsinsky now declared on behalf of Boehringer Ingeheim:

“The quality and integrity of the scientific data collected in our research is of paramount importance to Boehringer Ingelheim. The accusations concerning the investigation at the University of Cologne refer to the time before Dr. Wenz joined Boehringer Ingelheim. Dr. Wenz was and is always transparent to us with regard to the ongoing investigation and she assumes the responsibility for data collected by her or her former employees at the University of Cologne. Boehringer Ingelheim has no reason to doubt the quality of the work of Dr. Wenz in our research”.

---

Below is a translation of a press release issued by the University of Cologne.

“The Rectorate of the University of Cologne determines scientific misconduct in six publications

The Rectorate of the University of Cologne has decided in its meeting of June 28^th 2016:

I. Dr. Tina Wenz is being accused to have committed scientific misconduct in several cases by providing false information in publications according to § 6 prov. 1a) and b) guidelines of the University of Cologne on good scientific practice and on dealing with scientific misconduct (GWP-O).

II. The Rectorate demands of Dr. Wenz to retract the following publications – unless it has not happened yet, as mentioned at point 4:

1. Di Domenico, A. ; Hofer, A., ; Tundo, F. and Wenz, T. (2014): Mitochondrial protein acetylation mediates nutrient sensing of mitochondrial protein synthesis and mitonuclear protein balance, IUBMB Life, 66 (11) 793-802,
2. Noe N., Dillon L., Lellek V., Diaz F., Hida A., Moreas C. T.,Wenz T. (2013); Bezafibrate improves mitochondrial function in the CNS of a mouse model of mitochondrial encephalopathy. Mitochondrion, 13(5) 417-426,
3. Wenz, T. Rossi, S.G., Rotundo, R.L. Spiegelman, B.M., and Moraes, C.T. (2009) Increased muscle PGC-1a expression protects from sarcopenia and metabolic disease during aging. Proc. Natl. Acad. Sci. 106 (48) 20405-20410,
4. Wenz T., Luca C.; Toracco A.,Moraes C.T. (2009) mTerF2 regulates oxidative phosphorylation by modulating mtDNA transcription, Cell Metab. 9(6); 499-511,
5. Wenz, T. Diaz, F., Spiegelman, B.M., Moraes C.T.  (2008); Activation of the PPAR/PGC-1alpha Pathway Prevents a Bioengergetic Deficit and Effectively Improves a Mitochondrial Myopathy Phenotype. Cell Metab. 8; 249-256,
6. Wenz, T.; Diaz, F., Hernandez D., Moraes C.T. (2009); Endurance exercise is protective for mice with mitochondrial myopathy. J. Appl. Physiol, (106; 1712-1719.

III. Since no objection against the decision of the rectorate was raised within the statutory period, the decision is now final.

1. The University of Cologne distances itself strongly from the origin and content of these publications and has informed the relevant journals as well as the individuals and institutions affected by the Rectorate’s Decision.

Additional information regarding the press release from September 29, 2016

The University of Cologne has carried against Dr. Tina Wenz an investigation in accordance with the guidelines on good scientific practice and on dealing with scientific misconduct, as issued by the University of Cologne on 22 July 2011.

Based on the recommendation of the Commission on good scientific practice (hereafter: Commission), the Rectorate of the University of Cologne decided at its meeting from June 28^th 2016 that scientific misconduct was found in the following publications:

1. Di Domenico, A., Hofer, A., Tundo, F. and Wenz, T. (2014): Mitochondrial protein acetylation mediates nutrient sensing of mitochondrial protein synthesis and mitonuclear protein balance. IUBMB Life, 66 (11): 793-802.
2. Noe N., Dillon L., Lellek V., Diaz F., Hida A., Moraes C.T., Wenz T. (2013): Bezafibrate improves mitochondrial function in the CNS of a mouse model of mitochondrial encephalopathy. Mitochondrion, 13(5), 417-426.
3. Wenz, T., Rossi, S.G., Rotundo, R.L., Spiegelman, B.M., and Moraes, C.T. (2009): Increased muscle PGC-1a expression protects from sarcopenia and metabolic disease during aging. Proc. Natl. Acad. Sci. 106(48): 20405-20410 (Erratum wurde veröffentlicht).
4. Wenz T, Luca C, Torraco A, Moraes CT. (2009): mTERF2 regulates oxidative phosphorylation by modulating mtDNA transcription. Cell Metab. 9(6): 499-511 (bereits zurückgenommen).
5. Wenz T., Diaz, F., Spiegelmann, B.M., Moraes, C.T. (2008): Activation of the PPAR/PGC-1alpha Pathway Prevents a Bioenergetic Deficit and Effectively Improves a Mitochondrial Myopathy Phenotype. Cell. Metab. 8: 249-256.
6. Wenz T, Diaz, F., Hernandez, D., Moraes, C.T. (2009): Endurance exercise is protective for mice with mitochondrial myopathy. J. Appl. Physiol. 106: 1712-1719.

The inquiry was prompted by initial hints in the context of an internal quality assurance measure. To investigate the allegations both internal and external expert opinions were sought.

The research revealed, among other, the following results:

• With the first publication it is not evident whether any (and if so by whom) necessary repeat measurements were performed for the statistical analysis of the experiments. Furthermore, it was found that the data submitted to the University of Cologne did not reflect the published data. The figures in the publication 1 are based on a single measurement and not on several measurements, as alleged in the publication. This constitutes scientific misconduct according to § 6 Nr. 1a) and b) GWP-O.
• With the publications 2,3,4,5 and 6 there are clear signs of deliberate manipulations and deceptions. This is scientific misconduct by data manipulation, according to §6 Nr. 1a) and b) GWP-O. It is unlikely that the image manipulations in the publications 2 and 3 occurred due to copying errors. The complexity of the image modifications (horizontal and vertical mirroring, rotations and stretching, adjusting brightness and contrast, rotation, angle changes) speak against accidental copying.

Based on these findings, the University of Cologne arrives to the conclusion that the content of these publications have come into existence through work methods which are clearly to be regarded as scientific misconduct. This is a breach of scientific integrity to which all scientific employees of the university are bound to by § 4 point 4 University Act of the state North-Rhine-Westphalia.

For the University of Cologne such a violation is unacceptable, since by tolerating this infringement also its own integrity would be damaged.

The University of Coologne therefore distances itself strongly from the origin and content of these publications and has informed the relevant journals, as well as the individuals and institutions concerned by the Rectorate Decision.

Since within the time limit provided by law no objection against the decision of the Rectorate was raised this decision final”.

---

Update 31.03.2017. The German funder DFG announced its decision on Wenz misconduct. She receives a written reprimand and is barred from DFG funding for 5 years. This of course is less painful than it sounds, since Wenz left academia and works in the pharma industry, with Boehringer.

However the DFG notes (translation mine, here original):

“Initially, an investigation on the accusations of scientific misconduct was launched against Wenz by the University of Cologne following respective notifications in 2015. The DFG launched also its own investigation, since the accusations concerned publications which were funded by the DFG, or presented as project-relevant in a grant funding proposal which the DFG has rejected. the University of Cologne found already in September 2016 scientific misconduct by Wenz in 6 publications and demanded from her the retraction of the publications, which already happened in the most cases”.

Wenz received from DFG a 5-year start-up funding as Emmy-Noether research group leader. It seems from the above message that she then unsuccessfully applied to DFG for a kind of large follow-up funding, possibly Heisenberg professorship. When that was denied, she left academia and was welcomed by Boehringer, where her research work as lab head will now help develop drugs to treat many thousands of patients.