A federal grand jury indicted David M. Morens, 78, of Chester, Maryland, on April 28, 2026, on four counts: conspiracy against the United States, destruction or falsification of records in a federal investigation, concealment or removal of federal records, and aiding and abetting [1][2]. The indictment was filed April 16 and unsealed on the date of the DOJ announcement [3]. The case is pending in the U.S. District Court for the District of Maryland [4].
Morens served as a senior advisor in NIAID's Office of the Director from 2006 to 2022, counseling senior NIAID officials on policy, drafting scientific manuscripts, and briefing leadership, including officials who relayed information to the president, Congress, and the public [1]. The indictment centers on a grant titled "Understanding the Risk of Bat Coronavirus Emergence," which NIAID awarded to a company that made a subaward to the Wuhan Institute of Virology [1]. After NIH terminated that grant amid allegations that COVID-19 emerged from the WIV, prosecutors allege Morens and two co-conspirators agreed in writing to route their communications through Morens's personal Gmail account rather than his official NIH email, anticipating that FOIA requests would target official accounts [1]. The indictment further alleges that Morens and his co-conspirators used that Gmail channel to exchange non-public NIH information and to work toward restoring the terminated grant, while suppressing debate over a potential laboratory origin of the virus [1][3]. The indictment also includes an illegal gratuities allegation: prosecutors contend Morens accepted gifts in exchange for his efforts in connection with the scheme [3].
The case is unusual, if not unprecedented, for having FOIA violations serve as the basis for criminal charges. A House select committee had drafted a memorandum in 2024 detailing some of the same alleged wrongdoing. The House Select Subcommittee on the Coronavirus Pandemic released evidence that year of Morens using personal email, outside the scope of FOIA requests, to discuss NIH grants with EcoHealth Alliance. Former NIAID Director Anthony Fauci publicly stated that Morens's alleged conduct regarding email use and record-keeping "violated NIH policy" and was "wrong and inappropriate." Fauci is not named as a defendant in the indictment [3].
The FBI and HHS Office of Inspector General investigated the matter, and Assistant U.S. Attorneys Joseph R. Baldwin and Bijon A. Mostoufi for the District of Maryland are prosecuting the case. Acting Attorney General Todd Blanche stated that the alleged conduct involved deliberately concealing information and falsifying records to suppress alternative theories regarding COVID-19's origins [3]. Morens's attorney declined to comment.
If convicted, Morens faces a maximum of five years for conspiracy, up to 20 years for each count of destruction or falsification of records, and up to three years for each count of concealment or removal of records. An indictment is not a finding of guilt; individuals charged are presumed innocent until proven guilty beyond a reasonable doubt. No trial date has been announced.
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