Government whistleblowers
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Government whistleblowers-
Government whistleblower: learn the definition in our legal glossary.
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Whistleblower Protection Act: Protection for Federal Employees, our practice area related to government whistleblower
The Firm's attorneys are nationally recognized for their successful representation of federal sector whistleblowers in cases brought before the Office of Special Counsel ("OSC") under the Whistleblower Protection Act. We have obtained significant settlements and secured important legal victories for federal government employees who have blown the whistle on fraud, waste, abuse and other violations of the law.
- Find more information at U.S. Office of Special Counsel (OSC)
- The U.S. Office of Special Counsel (OSC) is an independent federal investigative and prosecutorial agency. OSC’s primary mission is to safeguard the merit system by protecting federal employees and applicants from prohibited personnel practices, especially reprisal for whistleblowing. For a description of prohibited personnel practices (PPPs), click on the prohibited personnel practices link.
- Whistleblower Disclosures with OSC
- OSC’s Disclosure Unit (DU) serves as a safe conduit for the receipt and evaluation of whistleblower disclosures from federal employees, former employees and applicants for federal employment. 5 U.S.C. § 1213. In this capacity, DU receives and evaluates whistleblowing disclosures—which are separate and distinct from complaints of reprisal or retaliation for whistleblowing which are reviewed by OSC’s Complaints Examining Unit as a prohibited personnel practice.
- Filing a Disclosure with OSC
- Whistleblowers must make their disclosures to OSC in writing. To facilitate this process, OSC has developed a form which may be used to file a disclosure. OSC Form No. 12, Disclosure of Information. Use of OSC Form No. 12 is not mandatory. However, if you do not use the form, it is important to include your name, address and telephone numbers. For assistance with filing a disclosure, or any other inquiries, please contact the DU Hotline at (800) 572-2249 or (202) 254-3640.
- OSC will generally not consider anonymous disclosures. If a disclosure is filed by an anonymous source, the disclosure will be referred to the Office of Inspector General in the appropriate agency. OSC will take no further action on the disclosure.
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No One Likes Snitches, Including Judges
Politicians never tire of campaigning against waste, fraud and abuse in government. It is as if the three evils appear as budget items requiring only sufficient intestinal fortitude to snip out. If it were that simple, we wouldn't need whistleblowers. It isn't. We do. Congress passed a law in 1978 and strengthened it in 1989 to say federal managers can't fire, demote or reassign to broom- closet duty employees who blow the whistle. It's a good law, but it's only a law. -
Halt, In the Name of Public Safety

In a rare move, the Federal Circuit sided with a government whistleblower, in a case that is likely to have consequences for workers throughout the federal government who identify risks to the public health and safety. -
Letter to Fred Fielding
I am writing on behalf of my clients, a group of career OSC employees and four public interest organizations, who filed a Complaint of Prohibited Personnel Practices Against U.S. Special Counsel Scott J. Bloch ("OSC Complaint") with President George W. Bush in March 2005. This OSC Complaint was assigned for investigation to Patrick McFarland, the Inspector General for the Office of Personnel Management, in April 2005. I am writing to request that you direct the OPM IG to provide you with an interim report or substantive briefing regarding what its investigation has uncovered to date, and to explain the reasons for its long delay in concluding this investigation. -
The Washington Post reports on letter sent by Debra S. Katz to Fred Fielding, White House Counsel
The Washington Post quoted from Ms. Katz's letter to Mr. Fielding concerning Special Counsel Scott Bloch's obstruction of the investigation of the OPM IG into allegations of prohibited personnel practices and other serious violations of federal law by Bloch, including retaliation against employees who disputed his policies. "Debra S. Katz, the lawyer, contended that Bloch 'has succeeded in obstructing and delaying this investigation,' most recently by directing current and former staff aides to refuse to provide answers to questions from the OPM inspector general, Patrick McFarland. In the letter, Katz said that 'Bloch's end-game here is obvious. He intends to play out the clock through the end of the president's term and avoid any responsibility or consequences for his misconduct.'" -
Head of Rove Inquiry in Hot Seat Himself
The head of the federal agency investigating Karl Rove's White House political operation is facing allegations that he improperly deleted computer files during another probe, using a private computer-help company. Scott Bloch runs the Office of Special Counsel, an agency charged with protecting government whistleblowers and enforcing a ban on federal employees engaging in partisan political activity. Mr. Bloch's agency is looking into whether Mr. Rove and other White House officials used government agencies to help re-elect Republicans in 2006. -
Watchdog Groups Oppose More Money for Special Counsel
Government watchdog groups are pushing key lawmakers not to provide extra funds next year to the Office of Special Counsel, which has said it needs more money to complete a high-profile investigation into improper politicking at federal agencies. -
Federal Circuit a 'hostile' forum?
Originally passed in 1989, the Whistleblower Protection Act was intended to provide a mechanism for civil service employees to challenge retaliation and disclose waste, fraud and abuse. The act, unlike many other whistleblower provisions, allows employees to seek intervention by an outside independent agency, the Office of Special Counsel; access to an administrative legal proceeding to hear their case at the Merit Systems Protection Board; and, ultimately, access to the Federal Circuit to hear appeals of board decisions. -
Edgar A. Domenech: OSC Report of Possible Prohibited Personnel Practices
We request that OSC require ATF to restore Mr. Domenech, a 2005 recipient of the President Rank Award, to his position as Deputy Director, and that it seek a stay on his behalf with the Merit Systems Protection Board if ATF is not willing to do so voluntarily. -
Avi Kumin's letter to White House counsel Fred Fielding

Noting parallels between the illegal hirings at the Department of Justice and those reported by KMB clients at the Office of Special Counsel, Mr. Avi Kumin asked that the White House instruct the Office of Personnel Management to issue a prompt finding in its investigation of the Office of Special Counsel.
Government whistleblowers in the recent News:
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The Fed Who Blew the Whistle

Thomas M. Tamm, the individual who blew the whistle on the Federal Government's warrantless wiretaps. Thomas M. Tamm was entrusted with some of the government's most important secrets. He had a Sensitive Compartmented Information security clearance, a level above Top Secret. -
Former Minn. prosecutor wins whistleblower deal
MINNEAPOLIS (AP) — A former U.S. attorney for Minnesota retaliated against a top prosecutor in her office who reported her for careless handling of classified homeland security reports, a watchdog agency said Wednesday.
In announcing a whistleblower settlement, the independent Office of Special Counsel said its investigation found that Rachel K. Paulose retaliated against John Marti by taking steps to remove him as her first assistant.
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Meet Kevin Garnett, NBA Whistleblower
Among all the positive developments perpetuated by the 2008 Celtics title, the new liberty of Kevin Garnett's mouth has been perhaps the best. Of course, Ticket has always been a big talker. But instead of merely spitting hate at Anthony Peeler (NEVER FORGET!) or socking Rick Rickert, KG has taken up a role as the NBA's lead whistleblower. -
Report: Whistleblower Office Fails to Protect Air Marshals
After a ProPublica investigation found that dozens of air marshals have been charged with crimes, the director of the Air Marshal Service sent an agency-wide e-mail (PDF) stating, "We must dedicate ourselves to root out and report any instance of misconduct or criminal behavior."
But a new report being released today (Tuesday, Nov. 25) by a government watchdog group, the Project on Government Oversight, says that current and former air marshals have been shut out and retaliated against when they tried to report problems to the U.S. Office of Special Counsel, an independent federal agency that protects whistleblowers.
Gary Imholte's whistleblower lawsuit against the county said he discovered sometime in 2007 that the library's boiler and ventilation system were drafting carbon monoxide into the building during the heating season and sewer gas in the summertime.
Now, this “nemesis of error-filled textbooks” has called it quits. “The uphill battle … led to nowhere,” the 56-year-old whistleblower of flawed textbooks wearily admitted to this paper.
Efforts to improve protections for government whistleblowers failed miserably in this session of Congress, in no small part because of active opposition by the Department of Justice and the White House to proposed legislation. Will the incoming Obama Administration bring a new approach to whistleblowers? One can only hope so, particularly given the numerous public statements by leading Obama insiders and advisers. Were those statements simply rhetoric aimed at scoring points against the Bush Administration, or were they a more meaningful expression of the desire for honest and accountable government?
Another former Boeing employee has filed a federal whistle-blower complaint against the firm, charging that he was fired in retaliation for reporting ethics violations. It is the second lawsuit of its type in less than two months.
Marti, who continues to work as an assistant U.S. attorney, reached a financial settlement with the Justice Department. Any negative references will be removed from his personnel records. He had filed a complaint under the Whistleblowers Protection Act.
LONDON — Until last week, many in Britain would have had trouble identifying Damian Green — a quiet, mild-mannered, 52-year-old Conservative member of Parliament who is his party’s chief immigration spokesman — much less imagining him as the central figure in a storm over the sovereignty of Parliament that has led to accusations of “Stalinist” behavior by the government of Prime Minister Gordon Brown.
In September, 181 public interest organizations, including the National Whistleblower Center, sent a letter to Congress urging it to pass much needed amendments to the Whistleblower Protection Act (WPA). The crucial amendments would grant employees the right to jury trials, protect scientists who report fraud in federal research, protect whistleblowers in the FBI and other intelligence agency, and extend coverage to Transportation Security Officers (airport screeners).
The FBI has engaged in unlawful acts while carrying out a Bush administration intelligence-gathering program that allows surveillance of U.S. citizens without warrants, says an a well-known FBI whistleblower who has been asked to air his allegations to the Justice Department.
In March 2007 the House of Representatives passed HR.985, strong legislation to protect federal employee whistleblowers. The measure passed by a margin of 331-94.
A report by Glenn Fine, the Justice Department’s Inspector General, finds that the FBI used self-issued subpoenas known as National Security Letters (NSLs) to obtain phone, e-mail, and financial information on at least 143,074 targets between 2003 and 2005.
WASHINGTON, DC - January 4 - This morning Chief U.S. District Judge James Rosenbaum issued a final order in the case of former FBI Agent Jane Turner, bringing her total court award, including attorney's fees, to nearly $1.4 Million. The judge's ruling dealt yet another blow to the FBI, which had filed an objection to Ms. Turner's request for reimbursement of her attorneys fees.
FBI Supervisory Special Agent Bassem Youssef responsible for administering two highly controversial FBI warrantless search programs, will speak at the American Library Association's Midwinter Meeting on Jan. 12 in Philadelphia. The session - “Inside the FBI: A Whistleblower Speaks Out” - will take place at 8 a.m. at the Pennsylvania Convention Center in Room 108-A.
Lee Wayne Hunt is one of hundreds of defendants whose convictions are in question now that FBI forensic evidence has been discredited.
Testing the chemical composition of bullets was thought to be a way to match bullets to their source, allowing the FBI to link bullets to suspects, much as it uses blood type to link evidence to an individual. Accepted as evidence for 30 years in criminal cases, bullet-lead analysis led to many convictions.
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October 24, 2008
Debra Katz Quoted in Washington Post and Washington Times Regarding Bloch Ousting
Major media outlets quote partner Debra Katz about the removal of OSC Special Counsel Scott Bloch. -
October 23, 2008
White House Forces Out Special Counsel Bloch
Under investigation by the Office of Personnel Management, Special Counsel Scott Bloch has been placed on administrative leave. -
July 31, 2008
Online political journal Talking Points Memo reports on Avi Kumin's letter to White House counsel Fred Fielding
Talking Points Memo reports on partner Avi Kumin's letter to Fred Fielding on behalf of KMB clients at the Office of Special Counsel. -
June 30, 2008
NPR Reports on Case of Benetta Mansfield and the Office of Special Counsel
NPR's Morning Edition interviews Debra S. Katz talking about systemic problems with Scott Bloch at the Office of Special Counsel. -
May 12, 2008
Debra S. Katz and Avi Kumin appear on NPR's "Morning Edition" and "On Point" to comment on the FBI raid of the U.S. Office of Special Counsel
Debra S. Katz and Avi Kumin appear on NPR's "Morning Edition" and "On Point" to comment on the FBI raid of the U.S. Office of Special Counsel, and the investigation of Special Counsel Scott Bloch on charges of obstruction of justice. Katz, Marshall & Banks represents several employees of the Office of Special Counsel, and filed the whistleblower complaints that led ultimately to the investigation of Mr. Bloch. -
May 07, 2008
Federal Agents Raid Office of Special Counsel
The FBI have raided the home and office of the head the federal agency in charge of giving protection to whistleblowers. -
May 06, 2008
KMB calls on President George W. Bush to fire Office of Special Counsel chief Scott J. Bloch
Debra Katz, a lawyer at Katz, Marshall and Banks sends a letter to President George W. Bush to fire Office of Special Counsel chief Scott J. Bloch. -
March 31, 2008
The Legal Times Publishes Commentary by Debra S. Katz and Nicole J. Williams about ex-Park Police Chief's Whistleblower Case
The Legal Times publishes commentary about ex-Park Police Chief Teresa Chambers' whistleblower case and recent ruling by the U.S. Circuit Court of Appeals for the Federal Circuit that provided a strong rebuke to the Merit Systems Protection Board. In a rare move, the Federal Circuit sided with a government whistleblower, in a case that is likely to have consequences for workers throughout the federal government who identify risks to the public health and safety. -
March 04, 2008
The Washington Post Reports on Complaint Filed by KMB on Behalf of ATF Whistleblower
KMB attorneys Debra S. Katz and Hanan Idilbi filed a whistleblower retaliation complaint with the Office of Special Counsel on behalf of Edgar Domenech, the former Deputy Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF"). Mr. Domenech alleged that ATF and the Justice Department retaliated against him for raising concerns about former ATF director Carl J. Truscott's financial mismanagement of the Bureau.
