Former Senior NIAID Official Pleads Guilty to Charges Connected to Concealing Federal Records During COVID-19 Pandemic

Greenbelt, Maryland – A former National Institute of Allergy and Infectious Diseases (NIAID) employee pled guilty in federal court, today, to a conspiracy charge stemming from a scheme to evade Freedom of Information Act (FOIA) requests and the Federal Records Act in connection with communications about coronavirus research grants. David M. Morens, 78, of Chester, Maryland, pled guilty to conspiracy to commit offenses and to defraud the United States. Morens served as a senior advisor in NIAID’s Office of the Director from 2006 through 2022. Kelly O. Hayes, U.S. Attorney for the District of Maryland, announced the guilty plea with Special Agent in Charge Jimmy Paul, FBI Baltimore Field Office, and Special Agent in Charge Marcus L. Sykes, U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). According to his guilty plea, Morens, Co-Conspirator 1, Co-Conspirator 2, and others conspired during the COVID-19 pandemic to defraud the United States after NIH terminated Co-Conspirator 1’s grant. NIH terminated the grant, Understanding the Risk of Bat Coronavirus Emergence , based on allegations that COVID-19 emerged from the Wuhan Institute of Virology (WIV) in Wuhan, China. NIAID awarded the grant to Company 1 and Co-Conspirator 1, who made a subaward to the WIV. Following the termination, Morens and Co-Conspirator 2 pledged to help Co-Conspirator 1 restore the termination of the bat coronavirus grant and counter the narrative that COVID-19 leaked from a lab. In anticipation that their communications would be requested through FOIA Requests, Morens, Co-Conspirator 1, and Co-Conspirator 2 agreed in writing to intentionally hide their communications from public view by corresponding using Morens’s personal Gmail account, rather than his official NIH email account. The co-conspirators used Morens’s personal Gmail account to exchange non-public NIH information; correspond about their efforts to influence NIH to fund Company 1; exchange edits to drafts of letters addressed to NIH leadership for Company 1 and Co-Conspirator 1; and “back-channel” information to Senior NIAID Official 1. According to court documents, each of these matters fell within Morens’s role as senior advisor and constituted federal records that needed to be created, maintained, and exchanged on government systems. Additionally, as admitted to in his guilty plea, Morens and Co-Conspirator 1 conspired to pay illegal gratuities. Co-Conspirator 1 gifted Morens wine for his “behind-the-scenes shenanigans,” and arranged for its delivery to Morens’s Maryland residence. Morens then allegedly identified an official act that he could perform to “deserve” the gift, which was to author a scientific commentary in a prominent medical journal advocating that COVID-19 had natural origins. Co-Conspirator 1 suggested he would provide Morens with additional things of value, including meals at Michelin-starred restaurants in Paris, New York, and Washington, D.C. Morens is facing up to five years in prison for conspiracy to commit offenses and to defraud the United States. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district judge determines sentencing after considering the U.S. Sentencing Guidelines and other statutory factors. U.S. Attorney Hayes commended the FBI and HHS-OIG for their work in the investigation. Ms. Hayes also thanked Assistant U.S. Attorneys Joseph R. Baldwin and Bijon A. Mostoufi who are prosecuting the federal case. For more information about the Maryland U.S. Attorney’s Office, its priorities, and resources available to report fraud, visit justice.gov/usao-md and justice.gov/usao-md/report-fraud . # # #