A Congressman, a Financial Deal, and an Intricate Web
of Conflicts
Representative Christopher Collins once said that
the success of an obscure Australian company’s drug would be carved on his
tombstone. Instead, its failure has upended his congressional career.
The three-term congressman’s infectious enthusiasm
for Innate Immunotherapeutics, the small biotech firm led to his indictment on
Wednesday when he and a number of other investors were accused of trading
.
Prosecutors said that he tipped off his son to the
poor results of the company’s clinical drug trial for a notoriously intractable
sort of MS before they were public, allowing the son et al. to dump their stock
and save many thousands of dollars.
Mr. Collins sat on the company’s board until May,
and at one point was its largest shareholder.
The stock scandal has rippled through Congress,
where his favorite stock tip had enticed a minimum of seven former or current
House Republicans into investing alongside him, his two grown children and
other friends.
It provided new ammunition for Democrats seeking to
require back the House, and made Mr. Collins announce on Saturday that he
wouldn't seek re-election to a fourth term.
In his statement, Mr. Collins called the trading
charges “meritless” and vowed to fight them to possess his “good name cleared
of any wrongdoing.”
While the opposite congressmen who invested in
Innate wasn't implicated within the indictment, the allegations against Mr.
Collins has revived involves stricter rules about financial investments or
corporate board seats held by members of Congress while they're sitting on
committees with oversight into those businesses.
Mr. Collins may are the most important investor in
health companies on the House Energy and Commerce Committee, but one-third of
its members also bought and sold biotech, pharmaceutical, and medical device
stocks, an analysis by The NY Times has found.
Republican Representatives William Long II and
Markwayne Mullin served with Mr. Collins on the panel’s health subcommittee and
invested in Innate.
The subcommittee weighed in on topics starting from the
Food and Drug Administration’s authority over speeding up approval of the latest
drugs to the Affordable Care Act.
Until this past week, he was chairman of the board
of directors of ZeptoMetrix, a personal lab company based in Buffalo that he
co-founded which has received many dollars in federal contracts, consistent
with government records.
He also reported owning between $25 million and $50
million in shares of the corporate, but has since transferred an unknown
amount into his wife’s name, a corporation spokesman said.
In June, he sold the
maximum amount as $1 million of stock in Chembio Diagnostics, a medical tests
and equipment manufacturer, consistent with his ethics disclosure forms.
Mr. Collins didn't disclose these ties in committee
hearings when topics overlapped together with his business interests, including
the event of a test for the Zika virus and whether the F.D.A. should more
closely regulate some sorts of lab tests.
Earlier, in 2013, he mentioned the experimental drug
that Innate was developing during a hearing about brain research, but didn't
mention his financial stake within the company.
“Mr. Collins had no business serving on this
publicly-traded company from the get-go,” said Meredith McGehee, executive of
Issue One, a Washington ethics watchdog organization, noted that such a
practice wasn't permitted within the Senate. “The House must update its rules.”
Since 2012, federal law has prevented members of
Congress from trading stocks supported the tip they receive as lawmakers.
Members
of both chambers are permitted to carry stocks and members of the House of
Representatives may serve on boards as long as they disclose it.
Generally, lawmakers don’t need to recuse themselves
from a vote or other action which may affect their holdings unless they're
virtually the sole investor who would benefit.
While many lawmakers have opted to take a position
using broad mutual funds to avoid potential conflicts on individual holdings,
some — like Mr. Collins — haven't.
In July of last year, a congressional ethics office
found that Mr. Collins may have violated ethics rules by asking the National
Institutes of Health for help with the planning of Innate’s now-failed clinical
test.
This week, the speaker of the House, Paul Ryan,
stripped Mr. Collins of his seat on the energy and commerce committee and asked
the House ethics panel to research the allegations of trading.
Mr. Collins’s involvement with Innate dates back to
2005, when he leveraged his wealthy circle of friends and neighbors — many of
who would become political donors — to assist bail out the struggling company.
One local investor was Lindy Ruff, the previous
coach of the Buffalo Sabres, the congressman told federal ethics investigators
last year.
“I sleep in a rich neighborhood with folks that have means,” he
explained in the interview.
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