Former Senior Infections Diseases Official Indicted for Concealing Federal Records During COVID-19 Pandemic

A former senior official at the National Institute of Allergy and Infectious Diseases (NIAID) has been indicted on multiple charges related to allegedly concealing federal records and engaging in a scheme to evade Freedom of Information Act (FOIA) requests concerning COVID-19 research grants. The indictment, announced by the U.S. Attorney’s Office for the District of Maryland, details accusations against David M. Morens, 78, of Chester, Maryland, who held a senior advisor role within NIAID’s Office of the Director for over a decade.

The charges against Morens include conspiracy against the United States, destruction, alteration, or falsification of records in federal investigations, and concealment, removal, or mutilation of records. These allegations stem from the period of the COVID-19 pandemic and involve his alleged involvement in efforts to circumvent transparency protocols. According to the indictment, Morens, along with co-conspirators, worked to hide communications by using Morens’s personal Gmail account instead of his official NIAID email. This practice, it is alleged, was employed to exchange non-public information, discuss efforts to influence NIH funding for a specific company, and relay information to senior NIAID leadership. These communications are characterized as federal records that should have been maintained on government systems.

The indictment further details a scheme involving a terminated grant to Company #1 and Co-Conspirator 1, which had a subaward to the Wuhan Institute of Virology (WIV). Following the termination of the grant, purportedly based on allegations of COVID-19 emerging from the WIV, Morens and another co-conspirator allegedly pledged to assist in reinstating the grant and countering the narrative of a lab leak. The indictment also alleges that Morens and Co-Conspirator 1 engaged in a conspiracy to pay and accept illegal gratuities. This reportedly involved Co-Conspirator 1 gifting Morens wine and arranging for its delivery, after which Morens allegedly identified a scientific commentary advocating for natural COVID-19 origins as an official act he could perform to justify the gift. Further inducements, such as meals at high-end restaurants, were also reportedly offered.

The charges carry significant potential penalties. If convicted, Morens faces up to five years in prison for conspiracy against the United States. For each count of destruction, alteration, or falsification of records in federal investigations, he could be sentenced to up to 20 years, and for each count of concealment, removal, or mutilation of records, up to three years. Sentencing will be determined by a federal district judge, considering federal sentencing guidelines and other statutory factors. The U.S. Attorney’s Office stated that actual sentences are typically less than the maximum penalties.

The investigation was a collaborative effort involving the FBI and the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). The U.S. Attorney’s Office has indicated its continued commitment to holding accountable individuals who seek to evade legal obligations. An indictment is a formal accusation, and individuals charged are presumed innocent until proven guilty.

Article by Mel Anara, based upon information from the U.S. Attorney’s Office, District of Maryland

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