followup - Dr. Murphy Subject: followup - Dr. Murphy From: "Carr, Jacqueline" Date: 7/29/20, 7J29 PM To: Brad Racino Brad- Below are the five investigative findings of an independent law firm related to Dr. Murphy. Honest and transparent compliance with established guidelines and rules governing the use of research gifts, grants and donations is fundamental to academic integrity and the pursuit of sound science and good medicine. UC San Diego takes these investigative findings seriously and, as a result, will establish more sharply defined guard rails to help prevent future inappropriate activities. For example, internal controls will be bolstered to improve regulation and oversight of gift expenditures. Conflict of commitment reviews will be more strictly enforced. And relevant policies and protocols revised with expanded education and training. As of June 30, 2020, Dr. Murphy was no longer an employee of UC San Diego. The university will offer no further comment on this matter. Best, Jackie Jacqueline Carr Executive Director - Communications UC San Diego Health Sciences cell: 858-344-3799 UC San Diego engaged an independent law firm to conduct an investigation related to Dr. Murphy. The firm found the following: Conflicts of Commitment: Dr. Murphy violated the University’s policies with respect to avoiding and disclosing conflicts of commitment. (Regents Policy 1111; APM 671) Since at least 2015, Dr. Murphy has repeatedly violated APM 671 by founding businesses and/or engaging in those businesses in an executive capacity without prior approval. There is no evidence that Dr. Murphy obtained prior approval for his activities in connection with the following entities: The Medical Synchrony Center; The Medical Synchrony Research Institute, Inc.; Kevin T. Murphy, M.D., P.C. (dba “Mindset”); PeakLogic, Inc.; FreqLogic, Inc.; and Peak M.D. Institute. Misuse of University Resources: Dr. Murphy misused University resources, including University equipment, property, facilities, staff, and consultants, by using University resources to promote and benefit his private businesses. (Regents Policy 1111; UCSD PPM 510) In November 2019, the University performed a reconciliation following a physical inventory of all major equipment that Dr. Murphy purchased with UCSD gift funds. The reconciliation identified twenty-eight items that were missing for a total of $158,005. In 2017 and 2018, Dr. Murphy failed to reimburse the 1 of 2 7/29/20, 11:47 PM followup - Dr. Murphy University on two occasions for equipment billed to and/or purchased by UCSD. Dr. Murphy also misused UCSD space as well as significant time and effort of staff and consultants to benefit his private businesses. Patient Care Activities: Dr. Murphy engaged in patient-care activities outside the University setting without requisite approval and retained income from such activities. (APM 670) Through his outside entity Mindset, Dr. Murphy provided clinical services outside the University setting to patients both for a fee and for free. He never obtained the required approval for those activities. Disclosure and Assignment of Inventions: Dr. Murphy violated University policy regarding the disclosure of inventions and has falsely claimed ownership over an invention to which the University has a claim. (UC Patent Policy; PPM 500-5) Dr. Murphy conceived and/or developed inventions including software related to Personalized Repetitive Transcranial Magnetic Stimulation treatment during his UCSD employment but never disclosed or assigned such inventions to UCSD. This was in violation of University policy and his patent oath in which Dr. Murphy assigned and promised to disclose inventions conceived and/or developed during his UCSD employment to UCSD. Conflicts of Interest in Clinical Trials: Dr. Murphy violated University policy requiring an employee with a financial conflict of interest in connection with a University decision that benefited his outside entities to provide a written notice of disqualification and refrain from participating in any way in the matter. (Regents Policy 1111; UCSD PPM 200-13). In late 2018, Dr. Murphy recruited others at UCSD to submit clinical trial protocols to the UCSD IRB. These proposed clinical trials relied on software that Dr. Murphy claimed were owned by PeakLogic, Inc., a private business owned by Dr. Murphy. Dr. Murphy failed to provide the required written disqualification notice. Rather than refraining from participating in the matter, Dr. Murphy recruited individuals at UCSD to submit the protocols for approval. With respect to Dr. Murphy’s position that he relied on the advice of or sought approval from specific members of UC San Diego leadership, this position was not supported by the evidence. 2 of 2 7/29/20, 11:47 PM