Posts filed under 'Links to resources for whistleblowers'
Senate Subcommittee Hearing on S.372, Whistleblower Protection Enhancement Act of 2009
Dear MISC Members,
June 11th, TOMORROW, the Senate Homeland Security and Governmental Affairs Oversight of Government Management Subcommittee will hold a hearing on S. 372, the Whistleblower Protection Enhancement Act of 2009.
Time: 2:30pm
Location: Dirksen Senate Office Building, Room 342
The hearing will consist of the following 5 witnesses–3 of which are whistleblower advocates
Danielle Brian, POGO
Bill Branford, Senior Executive Association
Rajesh De, Dept. of Justice
Tom Devine, GAP
Robert Vaughn, Professor at AU School of Law
Please come and support our members as they help build a written record, at the request of Senator Collins (R-ME), to demonstrate why the WPEA of 2009 must include access to jury trials and coverage of all federal employees to be a credible whistleblower law in practice. If you cannot attend in person, live coverage should be available at the following link; http://hsgac. senate.gov/ public/index. cfm?Fuseaction= Hearings. Detail&HearingID=f657db46- 9461-43ba- 99de-2ac25593c89 9 .
The Congressional Quarterly wrote the following on the upcoming hearing;
Beefed-up protections for federal whistle-blowers, a top priority for many watchdog groups, will be considered Thursday by the Senate Homeland Security and Governmental Affairs Oversight of Government Management Subcommittee. Whistle-blower advocates favor the House’s version of the bill, which specifically insulates national security whistle-blowers and mandates jury trials for cases tangled in the bureaucratic queue, over legislation introduced by Homeland Security and Governmental Affairs ranking member Susan Collins and Oversight of Government Management Subcommittee Chairman Daniel Akaka, D-Hawaii. Rajesh De of the Justice Department’s Office of Legal Counsel will make a repeat appearance on Capitol Hill to present the viewpoint of the administration. But some outside groups privately grumble that the president has yet to make good on a campaign promise to construct the tallest of fences between federal whistle-blowers and their superiors.
Shanna Devine
Legislative Campaign Coordinator
Government Accountability Project
<?xml:namespace prefix = ns0 ns = “urn:schemas- microsoft- com:office: smarttags” /><?xml:namespace prefix = st1 ns = “urn:schemas- microsoft- com:office: smarttags” />1612 K St NW, Suite 1100
Washington, DC 20006
(202) 457-0034 ext. 132 (voice)
(202) 457-0059 (fax)
Email: shannad@whistleblow er.org
Website: www.whistleblower. org <?xml:namespace prefix = o ns = “urn:schemas- microsoft- com:office: office” />
Add comment June 15, 2009
Obama Signs Whistleblower Bill
National Whistleblowers Center
3238 P Street, NW
Washington, D.C. 20007
http://www.whistleblowers.org
FOR MORE INFORMATION, CONTACT:
Lindsey Williams (202) 342-1903
Stephen Kohn (202) 342-6980
PRESIDENT SIGNS MAJOR WHISTLEBLOWER ANTI-FRAUD LAW
Washington, D.C. May 20, 2009. Today President Barack Obama signed the Fraud Enforcement and Recovery Act of 2009. The Act significantly expands protections for whistleblowers who expose fraud in federal contracting.
This new law fixes problems in the False Claims Act, extends whistleblower protections to those who work for contractors and provides new funds for the government to investigate fraud. Most significantly, the Act overturns the recent Supreme Court decision in Allison Engine, which created a major loophole allowing government subcontractors to escape liability under federal anti-fraud laws.
“This is a great day for whistleblowers and a bad day for those who would defraud the government,” Stephen M. Kohn, Executive Director of the NWC.
“President Obama has taken a significant first step in changing America’s whistleblower laws. We hope he continues to fulfill his campaign promises on this issue,” Kohn stated.
“Congress and the President did the right thing. Billions and billions of dollars in new government spending has been authorized. The taxpayers need the strongest possible anti-fraud laws in order to prevent financial recovery monies from being looted. Every major study documents that whistleblowers are key to fraud detection. This law is designed to encourage whistleblowers and reward them for their sacrifices.” Kohn added.
Among other provisions the new law:
- Fixes the loophole which allowed companies to use subcontractors to escape from liability under federal anti-fraud laws;
- Extends whistleblower protection to contractors, sub-contractors and agents who report fraud.
- Eliminates the requirement for “specific intent” created by the Allison Engine Supreme Court decision. Previously the Supreme Court required proof that a sub-contractor specifically intended to defraud the government in addition to showing a certification was false. Now it will be possible to sue under the False Claims Act if a subcontractor knowingly uses a false statement and obtains payment. This eliminates the ability of a sub-contractor to hide behind a prime contractor in False Claims Act cases.
- Permits whistleblowers to expose fraud whenever Government money is at stake. This provision in the law is a rebuke to a decision issued by Chief Justice John Roberts, when he served on the federal appeals court. In that case, Totten v. Bombardier Corp., Judge Roberts ruled that taxpayers could not recover for fraud committed against Amtrak, even though it was the taxpayer who paid the final bill.
“We are especially happy that the new law will extend whistleblower protection to independent contractors, sub-contractors and all those who risk their career to expose fraud. No company should be allowed to hide behind loopholes in the law to rip off the taxpayer,” Kohn said.
Senator Grassley Floor Statement on the Fraud Enforcement and Recovery Act
Senator Leahy Press Release on Signing of Fraud Enforcement and Recovery Act
Add comment June 13, 2009
Technology May Help Whistleblowers
From Dr. William Corcoran, Moderator of Whistleblower 411 (Yahoo Group)
The Video Device is the Greatest Aid to Whistleblowing Since Language
Whistleblowers, Start Your Video Phones
Don’t just bitch and snitch, take pictures and videos.
http://www.nytimes.com/2009/02/20/nyregion/20cop.html?emc=tnt&tntemail1=y
Add comment April 3, 2009
Communicate: Go to Change.gov
Dear G.Florence,
We wanted to tell you about a new feature on Change.gov which lets you bring your ideas directly to the President.
It’s called the Citizen’s Briefing Book, and it’s an online forum where you can share your ideas, and rate or offer comments on the ideas of others.
The best-rated ones will rise to the top, and after the Inauguration, we’ll print them out and gather them into a binder like the ones the President receives every day from experts and advisors. If you participate, your idea could be included in the Citizen’s Briefing Book to be delivered to President Obama.
Visit the Citizen’s Briefing Book now and share your ideas:
Throughout this Transition, a truly inspiring number of citizens have gotten involved. We hope that you remain involved through the Inauguration and beyond.
Thank you,
Valerie
Valerie Jarrett
Co-Chair
Obama-Biden Transition Project
Add comment January 20, 2009