In November, David Kessler, the controversial Commissioner of the Food and Drug Administration (FDA), announced that he is resigning as soon as a successor is named. Kessler denied that a series of expense reimbursement overcharges exposed by NLPC were the reason.
Kessler’s Padded Expenses
For a period of five years, Kessler routinely submitted expense requests
which overcharged the taxpayer in his favor. Despite the fact that travel
vouchers are signed as truthful under penalty of perjury, Kessler systematically
claimed inflated amounts for cab fares.
For instance, on trips to New York City, Kessler claimed $28 for cab rides from LaGuardia airport to two nearby hotels, both of which provide free airport shuttles. The cab fare is actually $5 to $8.
On more than 50 occasions, Kessler charged the government from $28 to $32 for rides from his home to Washington’s National Airport. The real fare is $22. Kessler provided actual receipts for only 10 percent of the 241 cab rides he claimed. Kessler used his government credit card to buy his wife a discounted plane ticket, in violation of federal regulations. Several times, travel vouchers contained forged signatures or were backdated to appear as though Kessler had signed the vouchers prior to their approval.
NLPC gave documents to AP
These overcharges were the subject of an Associated Press story that
ran in dozens of newspapers all over the country during the first week
in November. The damaging story was based on documents provided by NLPC
to AP. Editorialists at several major daily newspapers addressed the issue
in the days that followed. Several challenged Kessler’s claim that the
overcharges were “mistakes” and “unintentional.”
As part of our “FDA Watch” project, NLPC has filed over 650 Freedom of Information Act (FOIA) requests resulting in thousands of pages of documents. In many cases, FDA has illegally stonewalled NLPC, prompting NLPC to file seven lawsuits against FDA which are currently pending in U.S. District Court in Washington, DC.
Glaring Double-Standard
In 1983, FDA Commissioner Dr. Arthur Hayes, Jr.resigned after questions
about his travel expenses. Appointed by Ronald Reagan, Hayes had his name
dragged through the mud by the liberal media. He was even threatened with
criminal prosecution by the U.S. Attorney in Baltimore. The controversy
focused primarily on a $59 plane ticket.
Democrats and activists in Naderite groups, who are so supportive of
Kessler now, were vociferous in criticizing Hayes.
Reimbursements: Tip of Iceberg?
NLPC believes that the expense reimbursements are symptomatic of a
larger pattern of FDA corruption under Kessler. Through the documents we
have been able to pry loose, NLPC has established that Kessler has taken
part in a series of secret meetings with private individuals whose financial
interests are affected by the FDA. Such meetings are in violation of the
Federal Advisory Committee Act (FACA) which requires that federal government
officials meet with lobbyists and other private parties in open meetings,
where the media and public can also attend. It was under FACA that NLPC
successfully sued to open the meetings of Hillary Rodham Clinton’s health
care task force.
“I am a known sleazebag.”
Kessler has maintained an especially close relationship with groups
connected to Ralph Nader and trial lawyer interests. He has appointed Naderite
activists like Mitch Zeller to high FDA posts. Once inside, Zeller was
leaked confidential documents sealed by court order by John Coale, a trial
lawyer in the massive breast implant liability litigation. Coale is being
sought by authorities in at least two states for improper solicitation
of clients. Coale prides himself as the first lawyer to arrive on the scene
of the Bhopal, India chemical disaster. He has declared of himself, “I
am a known sleazebag.”
NLPC has documented that Kessler met in secret on at least four occasions with Sidney M. Wolfe, director of the Public Citizen Health Research Group, funded by trial lawyers. The group sells breast implant litigation kits and has made referrals of prospective clients to trial lawyers, whose claims total millions of dollars
The appearance is that Kessler and other activists he has brought into FDA have illegally assisted their old colleagues on the outside in winning multimillion dollar liability suits for their trial lawyer friends.
EW