Over the last month, I have been shocked by the number of whistleblowers coming forward to say they reported violations of law, including safety (BP-Deep Water Horizon Spill), environmental (EPA to withdraw its censorship orders), financial industry (Dodd Frank legislation) and numerous other serious issues are seeing the light of day thanks to the fine work of the Government Accountability Project. http://www.whistleblower.org/about
Further, the public is invited to comment on the new SEC whistleblower protections at http://sec.gov/
Seeking Public Comments on SEC Regulatory Initiatives Required by Dodd-Frank Act
Seeking Public Comments to Inform Study of Obligations of Broker-Dealers and Investment Advisers
Lastly, the Office of Special Counsel (OSC) the federal agency chartered with the duty of protecting whistleblowers, including federal employees is negligently failing to require 5 U.S.C. 2302(c) compliance by federal agencies. http://osc.gov/outreach.htm
Friday, August 6, 2010
Wednesday, June 23, 2010
SPEAK THE TRUTH TO POWER---Eleanor Bloxham, The Value Alliance---WHAT BP NEEDED WAS A WHISTLEBLOWER
Congratulations to Eleanor Bloxham, The Value Alliance on her article in Fortune Magazine that BP needed a whistleblower on the Deepwater Horizon. I commend Eleanor for her visionary thinking and for making a special effort to make the public aware of the import of whistleblowing.
To read the full article, please click the link below.
http://money.cnn.com/2010/06/22/news/companies/bp_horizon_macondo_whistleblower.fortune/
To read the full article, please click the link below.
http://money.cnn.com/2010/06/22/news/companies/bp_horizon_macondo_whistleblower.fortune/
Wednesday, June 16, 2010
Senator Feinstein Supports Whistleblowers...Not Really!
Today I received the below standard email letter from Senator Diane Feinstein. To my shock and amaze, she supports whistleblowers. Really? Then why is it that Robert J. MacLean is still unemployed and having to file an appeal of Administrative Law Judge, Kang's aburd decision at the Merit System Protection Board (MSPB)?
Senator Feinstein's comments about the Office of Special Counsel (OSC) are odd. The OSC has not had an independent head at the top of the agency level, ever! Certainly during the Bush Administration, whistleblowers received the worst retaliation. My favorite quote from the letter I received is this:
"I believe that people who come forward to expose crime and corruption should be protected from retaliation"
Where where you Senator Feinstein when I contacted your office for assistance when the Department of Health and Human Services was retaliating against me after I reported fraud, waste, abuse of authority, mismanagement and a specific and substantial danger to public health and safety from 2007 through 2009?
As your constituent I am disappointed that you do nothing but give me lip service and stood by when I was fired because the grantees at the Department of Health and Human Services that were violating federal and State of California laws, were also your campaign contributors.
Dear Evelynn Brown J.D., LL.M (my name was incorrectly spelled)...
Thank you for writing to me to express your views about the U.S. Office of Special Counsel. I appreciate hearing from you and welcome the opportunity to respond.
The U.S. Office of Special Counsel (OSC) is an independent federal investigative and prosecutorial agency charged with safeguarding the merit employment system by protecting federal employees and applicants from prohibited personnel practices, especially reprisal for whistleblowing.
I understand that you have concerns about the current vacancy in the Special Counsel position and the need to appoint a person of integrity who will faithfully execute the responsibilities of the office. I believe that people who come forward to expose crime and corruption should be protected from retaliation, and I appreciate receiving your input with regard to this position.
Please know that I take my role in reviewing nominations very seriously. I believe any nominee to the Office of Special Counsel should demonstrate their dedication to the mission of the agency as well as the necessary intellect and experience to do the job.
Although this nomination will first be considered by the Senate Committee on Homeland Security and Governmental Affairs, on which I do not serve, please be assured that I will keep your comments in mind when a nominee for this important position comes before the full Senate on the floor.
Again, thank you for writing. If you should have any other questions or comments, please contact my Washington, D.C. office at (202) 224-3841. Best regards.
Sincerely yours,
Dianne Feinstein
United States Senator
Senator Feinstein's comments about the Office of Special Counsel (OSC) are odd. The OSC has not had an independent head at the top of the agency level, ever! Certainly during the Bush Administration, whistleblowers received the worst retaliation. My favorite quote from the letter I received is this:
"I believe that people who come forward to expose crime and corruption should be protected from retaliation"
Where where you Senator Feinstein when I contacted your office for assistance when the Department of Health and Human Services was retaliating against me after I reported fraud, waste, abuse of authority, mismanagement and a specific and substantial danger to public health and safety from 2007 through 2009?
As your constituent I am disappointed that you do nothing but give me lip service and stood by when I was fired because the grantees at the Department of Health and Human Services that were violating federal and State of California laws, were also your campaign contributors.
Dear Evelynn Brown J.D., LL.M (my name was incorrectly spelled)...
Thank you for writing to me to express your views about the U.S. Office of Special Counsel. I appreciate hearing from you and welcome the opportunity to respond.
The U.S. Office of Special Counsel (OSC) is an independent federal investigative and prosecutorial agency charged with safeguarding the merit employment system by protecting federal employees and applicants from prohibited personnel practices, especially reprisal for whistleblowing.
I understand that you have concerns about the current vacancy in the Special Counsel position and the need to appoint a person of integrity who will faithfully execute the responsibilities of the office. I believe that people who come forward to expose crime and corruption should be protected from retaliation, and I appreciate receiving your input with regard to this position.
Please know that I take my role in reviewing nominations very seriously. I believe any nominee to the Office of Special Counsel should demonstrate their dedication to the mission of the agency as well as the necessary intellect and experience to do the job.
Although this nomination will first be considered by the Senate Committee on Homeland Security and Governmental Affairs, on which I do not serve, please be assured that I will keep your comments in mind when a nominee for this important position comes before the full Senate on the floor.
Again, thank you for writing. If you should have any other questions or comments, please contact my Washington, D.C. office at (202) 224-3841. Best regards.
Sincerely yours,
Dianne Feinstein
United States Senator
Wednesday, June 2, 2010
The Whistleblower Protection and No Fear Acts. You be the judge at the US Court of Appeals!
The following is an excerpt from the whistleblower case of Evelynn Brown Remple v. The Department of Health and Human Services, case #2010-3067, currently being reviewed at the U.S. Court of Appeals for the Federal Circuit. The quote was included in the brief filed by the Department of Justice on May 24, 2010.
"Last month, when I presented David, Bill and Curtis the report I confidentially gave you (Karen Morison) yesterday, I warned of the potential for EBR positioning herself to claim whistleblower status...The powerful protections offered such individuals makes caution of extreme importance on the part of management, Curtis Coy himself prominently disseminates training every year on the No Fear/Whistlelbower Protectin Act and every ACF employee or manager is required to take the lonline lesson. You should know that all three managers received my written report with great concern and gave what I thought was the attention it deserved."
The email was written by Stan Chappell in August 2007, from his personal email account, stanchappell@verizon.net to David Siegel, Bill Clair and Curtis Porter, all HHS management. Karen Morison was their supervisor.
"Last month, when I presented David, Bill and Curtis the report I confidentially gave you (Karen Morison) yesterday, I warned of the potential for EBR positioning herself to claim whistleblower status...The powerful protections offered such individuals makes caution of extreme importance on the part of management, Curtis Coy himself prominently disseminates training every year on the No Fear/Whistlelbower Protectin Act and every ACF employee or manager is required to take the lonline lesson. You should know that all three managers received my written report with great concern and gave what I thought was the attention it deserved."
The email was written by Stan Chappell in August 2007, from his personal email account, stanchappell@verizon.net to David Siegel, Bill Clair and Curtis Porter, all HHS management. Karen Morison was their supervisor.
Saturday, May 22, 2010
Legal Rights, Qui Tam, Government Employees, Public Health, Environment, Financial Integrity and more...
National Whistleblower Assembly May 24 & 25 Ellsbury, Serpico and MacLean!
For more information on the forum, see below link on GAP.
http://whistleblower.org/press/press-release-archive/549-national-whistleblower-assembly-may-24-a-25
For more information on the forum, see below link on GAP.
http://whistleblower.org/press/press-release-archive/549-national-whistleblower-assembly-may-24-a-25
Wednesday, May 19, 2010
FEDERAL EMPLOYEES HAVE A DUTY. THE 14 RULES OF ETHICAL CONDUCT THEY MUST ADHERE TO!
Fourteen Principles of Ethical Conduct for Federal Employees
(1) Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws and ethical principles above private gain.
(2) Employees shall not hold financial interests that conflict with the conscientious performance of duty.
(3) Employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest.
(4) An employee shall not, except as permitted by the Standards of Ethical Conduct, solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee's agency, or whose interests may be substantially affected by the performance or nonperformance of the employee's duties.
(5) Employees shall put forth honest effort in the performance of their duties.
(6) Employees shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the Government.
(7) Employees shall not use public office for private gain.
(8) Employees shall act impartially and not give preferential treatment to any private organization or individual.
(9) Employees shall protect and conserve Federal property and shall not use it for other than authorized activities.
(10) Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official Government duties and responsibilities.
(11) Employees shall disclose waste, fraud, abuse, and corruption to appropriate authorities.
(12) Employees shall satisfy in good faith their obligations as citizens, including all financial obligations, especially those -- such as Federal, State, or local taxes -- that are imposed by law.
(13) Employees shall adhere to all laws and regulations that provide equal opportunity for all Americans regardless of race, color, religion, sex, national origin, age, or handicap.
(14) Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards set forth in the Standards of Ethical Conduct. Whether particular circumstances create an appearance that the law or these standards have been violated shall be determined from the perspective of a reasonable person with knowledge of the relevant facts.
(1) Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws and ethical principles above private gain.
(2) Employees shall not hold financial interests that conflict with the conscientious performance of duty.
(3) Employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest.
(4) An employee shall not, except as permitted by the Standards of Ethical Conduct, solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee's agency, or whose interests may be substantially affected by the performance or nonperformance of the employee's duties.
(5) Employees shall put forth honest effort in the performance of their duties.
(6) Employees shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the Government.
(7) Employees shall not use public office for private gain.
(8) Employees shall act impartially and not give preferential treatment to any private organization or individual.
(9) Employees shall protect and conserve Federal property and shall not use it for other than authorized activities.
(10) Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official Government duties and responsibilities.
(11) Employees shall disclose waste, fraud, abuse, and corruption to appropriate authorities.
(12) Employees shall satisfy in good faith their obligations as citizens, including all financial obligations, especially those -- such as Federal, State, or local taxes -- that are imposed by law.
(13) Employees shall adhere to all laws and regulations that provide equal opportunity for all Americans regardless of race, color, religion, sex, national origin, age, or handicap.
(14) Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards set forth in the Standards of Ethical Conduct. Whether particular circumstances create an appearance that the law or these standards have been violated shall be determined from the perspective of a reasonable person with knowledge of the relevant facts.
Tuesday, May 18, 2010
Smoke and Mirrors. MSPB states Rober MacLean's Whistleblowing "Benefited the Nation." His Reward is "You're Fired!"
My colleague and fellow whistleblower, Robert MacLean lost his case at the Merit System Protection Board after years of battle against the Transporation Safety Board. GAP (Government Accountability Project) published the following article on the decision that in my opinion is misaligned with the law.
I posted the following on the GAP blog:
As demonstrated by Mr. MacLean's story, the Whistleblower Protection and No Fear Acts designed to protect federal service employees are not only deeply flawed, they are toothless tigers. Whistleblowers with a duty to protect the tax payers interest and to protect the public from harm typically have their lives destroyed in a battle against the federal government they served nobly. Federal service employees who put their jobs on the line to do the right thing are currently trapped in a quasi-judicial setting at the Merit System Protection Board.
Moreover, ALJ Kang's acknowledgment that Mr. MacLean is a whistleblower who benefited the nation verses the ALJ's credibility doubts is oxymoronic, truly worthy of the title "snafu." The key to understanding the rationale used in the decision lies in the fact that the Board virtually ignors the U.S. Court of Appeals for the Federal Circuit precedent.
It is clear that the Board lacks basic, magistrate level common sense, refusing to apply the law expediciously and without bias. Board statistics exhibit a clear, resounding, deep-seated favoritism for federal agencies. The Board continues to churn out tacit approval of agency retaliation against the noble. The President must set a moral compass at the Board.
http://whistleblower.org/blog/31-2010/559-the-mspbs-terrible-ruling-on-robert-maclean
I posted the following on the GAP blog:
As demonstrated by Mr. MacLean's story, the Whistleblower Protection and No Fear Acts designed to protect federal service employees are not only deeply flawed, they are toothless tigers. Whistleblowers with a duty to protect the tax payers interest and to protect the public from harm typically have their lives destroyed in a battle against the federal government they served nobly. Federal service employees who put their jobs on the line to do the right thing are currently trapped in a quasi-judicial setting at the Merit System Protection Board.
Moreover, ALJ Kang's acknowledgment that Mr. MacLean is a whistleblower who benefited the nation verses the ALJ's credibility doubts is oxymoronic, truly worthy of the title "snafu." The key to understanding the rationale used in the decision lies in the fact that the Board virtually ignors the U.S. Court of Appeals for the Federal Circuit precedent.
It is clear that the Board lacks basic, magistrate level common sense, refusing to apply the law expediciously and without bias. Board statistics exhibit a clear, resounding, deep-seated favoritism for federal agencies. The Board continues to churn out tacit approval of agency retaliation against the noble. The President must set a moral compass at the Board.
http://whistleblower.org/blog/31-2010/559-the-mspbs-terrible-ruling-on-robert-maclean
Friday, May 7, 2010
When you shoot the messenger, the smoke lingers.
Jesselyn Radack, of GAP is still being investigated after 7 years for ethics violations when she leeked how FBI agents were improperly questioning “American Taliban” John Walker Lindh without his attorney present. I am disgusted by the endless pursuit of government attorneys who aid the wrongdoers, cover up the violations of law and have a bottomless pit of money to retaliate against whistleblowers. Ms. Radack is the subject of a modern day bitch hunt. I feel Ms. Radack's pain because I too have endured a similar experience.
In a nutshell, as a federal service employee I was severely retaliated against after reporting fraud, waste, abuse, mismanagement and a substantial and specific danger to public health and safety at HHS. There were numerous violations of law including grantees of HHS that did not have buildings or programs, grantees that were unlicensed to care for minors operating in prohibition of State and Federal law, grantees that used forced labor contracts on minors and youth, shell non-profit corporations, false outcomes reported to Congress and the substandard and mistreatment of vulnerable runaway and homeless children.
The initial request for stay and appeal in June 2008, provided emails between HHS managers, some using their home email addresses discussed my whistleblower status. My direct supervisor went so far as to describe that if word got out I "would have broad protections" under the Whistleblower Protection and No Fear Acts. As the case progressed, I submitted clear and convincing evidence that HHS was in fact allowing grantees to blantantly violate State of California licensure law when caring for minors and federal law that required fingerprinting and background checks on grantee workers caring for minors.
After approximately 2 years of retaliation, I was fired. 6 months later I settled. 2 months after that I found out that I was never actually fired, HHS just stopped paying me. My case is currently before the U.S. Court of Appeals for the Federal Circuit charging HHS and the MSPB ALJ with hiding evidence of wrongdoing, retaliation and perpetrating a fraud. The ALJ is licensed in California. HHS counsel is licensed in the State of Washington.
Washington Post: DC Bar Still Pursuing DOJ Leaker After Seven Years
May 6, 2010
Summary: This article discusses how GAP Homeland Security Director Jesselyn Radack blew the whistle on ethics violations by the Department of Justice, and how retaliation from the agency has lead to the DC Bar Association still investigating her seven years later.http://blog.washingtonpost.com/spy-talk/2010/05/dc_bar_still_pursuing_doj_leak.html
To read more about Ms. Radack, see below.
In a nutshell, as a federal service employee I was severely retaliated against after reporting fraud, waste, abuse, mismanagement and a substantial and specific danger to public health and safety at HHS. There were numerous violations of law including grantees of HHS that did not have buildings or programs, grantees that were unlicensed to care for minors operating in prohibition of State and Federal law, grantees that used forced labor contracts on minors and youth, shell non-profit corporations, false outcomes reported to Congress and the substandard and mistreatment of vulnerable runaway and homeless children.
The initial request for stay and appeal in June 2008, provided emails between HHS managers, some using their home email addresses discussed my whistleblower status. My direct supervisor went so far as to describe that if word got out I "would have broad protections" under the Whistleblower Protection and No Fear Acts. As the case progressed, I submitted clear and convincing evidence that HHS was in fact allowing grantees to blantantly violate State of California licensure law when caring for minors and federal law that required fingerprinting and background checks on grantee workers caring for minors.
After approximately 2 years of retaliation, I was fired. 6 months later I settled. 2 months after that I found out that I was never actually fired, HHS just stopped paying me. My case is currently before the U.S. Court of Appeals for the Federal Circuit charging HHS and the MSPB ALJ with hiding evidence of wrongdoing, retaliation and perpetrating a fraud. The ALJ is licensed in California. HHS counsel is licensed in the State of Washington.
Washington Post: DC Bar Still Pursuing DOJ Leaker After Seven Years
May 6, 2010
Summary: This article discusses how GAP Homeland Security Director Jesselyn Radack blew the whistle on ethics violations by the Department of Justice, and how retaliation from the agency has lead to the DC Bar Association still investigating her seven years later.http://blog.washingtonpost.com/spy-talk/2010/05/dc_bar_still_pursuing_doj_leak.html
To read more about Ms. Radack, see below.
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