Patriot Act run amok. A friend of mine at Pitt sent me this : Pitt professor indicted on fraud charge
Wednesday, June 30, 2004
By Joe Fahy, Pittsburgh Post-Gazette
Following a terrorism investigation that sparked an outcry in the world art community, a federal grand jury has indicted a University of Pittsburgh genetics professor and a former art professor at Carnegie Mellon University on fraud charges related to the procurement of two biological materials.
Steven Kurtz, a professor at State University of New York at Buffalo who taught in Carnegie Mellon's art program from 1995 to 2002, and Robert Ferrell, chairman of the human genetics department at Pitt's Graduate School of Public Health, were named in a four-count indictment charging them with mail fraud and wire fraud, U.S. Attorney Michael Battle said yesterday in Buffalo.
The indictment alleges that from about December 2003 to May, Ferrell and Kurtz committed fraud by obtaining two bacteria, serratia marcescens and bacillus atrophaeus, from a biological supply company, knowing that Kurtz could not legally obtain the materials.
At Kurtz's request, Ferrell directed that the materials be ordered from the company, using a Pitt account, according to the indictment. They were sent to Pitt's human genetics laboratory and Ferrell then mailed them to the home of his friend, Kurtz, in Buffalo.
Kurtz's colleagues said he intended to use the materials in an art project. He is a founding member of the Critical Art Ensemble, which has used human DNA and other biological materials to draw attention to social issues, such as genetically altered foods.
Ferrell's attorney, Efrem Grail, said he was "surprised and extremely disappointed" by the indictment. "Dr. Ferrell is a wonderful academic and an honest man who would never do anything he knew to be wrong," Grail said.
Pitt spokesman Robert Hill called Ferrell a "distinguished scientist," adding: "We at Pitt are hoping for a swift and favorable resolution."
Kurtz's attorney, Paul Cambria Jr., called the indictment "a stretch. There's no evidence of any criminal intent."
SUNY Buffalo, in a statement yesterday, said it would review the charges before considering any action.
Dr. Bruce Dixon, director of the Allegheny County Health Department, said the biological materials named in the indictment are bacteria that pose "a low risk for any human infection."
The federal investigation began last month after Kurtz called 911 to report the death of his wife, Hope, in their home. Firefighters who responded noticed the biological materials and notified Buffalo police, who contacted a Joint Terrorism Task Force. The task force spent two days removing materials from the home.
Outraged by the investigation, artists and academics held rallies in Buffalo; Vienna, Austria; Amsterdam, Netherlands; and Berkeley, Calif.
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