WhistleblowerSupporter

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

Petition Drive for Over and Accountability

 

 

Join The National Whistleblowers Center Petition Drive For Oversight And Accountability

"National Whistleblowers Center" <lmw@whistleblowers.org> 

 

 

Dear Active Member,   The National Whistleblowers Center invites you to become more involved in the fight for whistleblower rights.  We are leading a petition drive to pass a national whistleblower protection law. Whistleblowers who report waste, fraud, and abuse are essential for proper oversight and accountability. The recent financial scandals and multi-billion dollar bailout legislation highlight the urgent need to protect these courageous individuals.   To sign the petition please click here.   To send the petition to friends click here.   We will be petitioning on the National Mall before the Inauguration and at various events in the DC area. Please come join us and tell everyone you know to sign the petition.  Every signature helps!  To learn more about the National Whistleblowers Center please visit www.whistleblowers.org or contact Lindsey Williams at lmw@whistleblowers.org.   Thank you.

 

Whistleblower Organizations and Sites

Whistleblower Organizations and Sites (Random Order)

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National Whistleblower Center:   http://www.whistleblowers.org/index.php?option=com_frontpage&Itemid=71

Project on Government Oversight:    http://www.pogo.org/

 

 

Government Accountability Project:  http://www.whistleblower.org

Government Accountability Project:   http://www.whistleblower.org/template/index.cfm

OSC Watch:   http://www.oscwatch.org/blog/

Ms. Sparky’s Mishaps & Misadventures (Halliburton/KBR):  http://mssparky.com/

 

Example of Citizen Letter of Information and Concern to the Obama-Biden Administration

You may send letters of information and concern to the Obama-Biden offices of President and Vice President Elects:  http://change.gov

You also may view reader questions and take part in a ranking of importance of questions on this site, as well as submit questions of your own for the incoming administration. 

Below is an example letter, this one about protecting federal employees/whistleblowers.

Be empowered.  Stand up and take action!  -GFS

**************************************************************

January 4, 2009

Dear President-Elect Obama and Vice-President-Elect Biden:

I recently received an article titled “Obama Faces Legacy of Lawlessness at Justice” by Daphne Eviatar, The Washington Independent.  This article is a must read for anyone who has noted the increasingly evident lack of vigor in the Justice Department and the malfeasance demonstrated in meeting the missions of the various agencies and departments.  The anonymous federal government investigator who sent it to me gave me permission to pass his comments along to interested readers.  He stated:

“G. Florence-

Excellent article about Lawlessness at Justice.  Many politicians have talked, and talked and talked for the past eight years about the injustices of the Bush administration.  And, dare I say almost all, have backed away from any meaningful confrontation with the Bush Administration. 

We all know the story and the legacy of the corruption rampant throughout Bush’s administration.  Some of us have experienced it firsthand!  For those of us that have, our lives and careers have been trampled upon.  For those of us approaching retirement age, there will be no recouping from that damage – the damage is done, and we will continue to suffer into retirement through lost jobs, lost promotions, lost opportunities, lost wages and lost retirements.  For those of us that have served under and been punished under the Bush administration – enough talk by politicians!  We need to see some justice and some action by those politicians supposedly serving the people of this great nation. 

How does this new administration propose to extricate the damage and toll to those public servants and people’s lives and careers that have been destroyed by the Bush administration?”

There are many federal employees who feel the same.  I hear from some of them due to my blogs for and about whistleblowers (or those who are labeled whistleblowers for trying to ethically do the jobs they were hired to do).  You have never heard of most of these people.  And the majority you probably never will hear about.  Few whistleblower situations actually are made public in the media.  And unless you know one very well, personally, few federal employees or whistleblowers will volunteer the details of their personal nightmare, for fear of more retribution or loss of job, career and retirement.  For that reason, the majority of whistleblowers or would-be whistleblowers, though they lurk about websites that post information of interest and use to them, do not ever leave comments, even anonymously.  And due to the many challenges to any kind of privacy online and over land and wireless communications systems as a part of increased “spying” on the American Public that the past eight years has brought about, I do not blame them.   The extreme corruption, excesses and greed exhibited by members and associates of the Bush Administration are leaving our government at an all time low.  It will not be a clear field for the new administration.  Even now, just days before the change of administrations, the outgoing one seeks to hobble the incoming one. 

So this will be a major challenge for the new Obama-Biden administration.  There are a large number of predominantly silent people out there watching and waiting to see what will be done to establish a system which respects those who try to stand up to wrong doing, those who feel integrity is an important part of the oath they took when beginning the adventure that was to be their career federal job, those who hold their responsibility to uphold the United States Constitution and laws above all else.  Who will stand up for these courageous federal employees who serve as prosecuting attorneys, investigators, security specialists, contracting officers, and all manner of oversight of government business as well as of contracting of companies to the federal government?  How and when will full protections and rights be firmly put into place which will allow them safety and dignity as they do their jobs without fear of retribution and destruction of their careers and lives? 

Another career Federal Employee commented last night:  “If the new administration expects would-be whistleblowers to disclose violations of law and danger to public safety and national security, it should give immediate relief to the current whistleblowers who are enduring constant subtle retaliation while at their current job, resigned under duress, or were fired.” 

I ask that the Obama –Biden Team take definitive action on this problem and come forth with clear policy and a plan to assure protection and assistance for those loyal federal employees who have been trying to do their jobs and have been pounded into the ground for doing so.

Sincerely,

G. Florence Scott

******************************************************************

 

Someone sent me this today (1-11-09) as another example of a letter to the Obama Administration (incoming). 

 

Dear President Elect Obama,

 

 

I have given security of this country considerable thought and finally have come to the conclusion that the government needs to not only reintroduce regulations for SEC but also needs to listen to and give protection to Whistleblowers.  Many of these people have given their futures to protect this country by trying to bring attention to problems in oversight at some of the largest corporations in this country.  Companies that would rather think about how much money they can earn and not what they can do for their country.  When we do not have good Federal oversight because people fear the loss of their jobs we have nothing. When reports are changed by higher authority in an agency, one cannot hope to learn the truth.   Integrity in this country has hit an all time low.  When my father had a business, “his word was his bond” and that doesn’t seem to exist anymore.  Please consider reinstating regulations that at one time kept us more secure but then were dismantled by industry in their pursuit of more money.  At first I thought it only needed to be fixed in security agencies but now realize it needs to be changed in every agency we have.  Please listen to and protect Whistleblowers and learn what has really been going on these last eight years (or longer).

 

Sincerely,

Advice for Would Be Whistleblowers

This was sent to me by someone.  I post it here for all to view.  It was apparently a recent blog post by Darcy O'Neil that the sender felt was of interest to others. Advice For Would Be Whistleblowers Posted (admin) in ethics on February-18-2008 They say no good deed goes unpunished and sadly that is the truth in the world of the whistleblower. The theory on ‘whistle blowing’ is that the individual is helping the community, and following their ethics, by reporting the offending person or company. The risk of recrimination is very high and usually results in a long and difficult fight for the whistleblower. This battle will likely including legal threats and character assassination. So what can you do to protect yourself when you do blow the whistle? Having been through this process I have gain some insight on how best to handle the situation. 1. Documentation: Once you suspect that something is wrong you should begin documenting. Start by taking notes in a log book or note pad. This information will be helpful when you need to tell your story and will provide the detail needed to track down further evidence of wrong-doing. Next, start collecting pertinent documents. The best way is to copy documents (photocopy, computers docs, etc.). When you think you have enough, double it. Pictures, phone recordings, documents, conversations, e-mails are all important and should be noted when possible. There can never be enough documentation. Once the authorities begin investigation documents had a tendency to disappear. Many people who don’t know the laws will try to tell you that these methods are illegal. The fact is they are not. In Canada it is legal to record a conversation or phone call as long as one of the parties is participating in the conversation. The removal of documents from the workplace is a gray area. Under normal circumstances removing company information is illegal, however when it is evidence it can be collected. In a Canadian court all evidence will be considered. Check with your government’s laws or speak with a lawyer before taking any risks. 2. Minimize Your Exposure: When you draw up the courage, and support, to finally report the issues there are a few things you need to do. First, it is best if you stay at your job while you report the issues. Sometimes the authorities will ask you questions, that will help them with their investigation, and being at the location is beneficial. Ask to be kept anonymous, if possible, but sometimes this can’t be done. Next, get your resume polished up and start sending it out. Then prepare financially by locating your employment insurance office. Tell them that you are blowing the whistle on your employer and you may be fired for it. Provide the person with the contact names of whichever authority you contacted. The idea is to build a rapport, so if bad things happen, people will know the facts. Don’t loose that all important safety net. 3. Go with your Instincts: Most people will tell you not to blow the whistle because there are no winners. They are partially right, but without your courage people will get hurt, the rich will get richer and abuse their powers. You can change that by doing what you feel it right. We often cloud our thinking with other people’s perceptions, but only you can determine what to do. Most of the time your instinct are right and you should trust them. If you listen to others and they convince not to go with your instincts, and then something bad happens, you have to live with the consequences, not them. 4. Be Patient: Nothing happens quickly no matter how fast you want to be done with it. The reality is that things will go much slower than you ever expected them too. The best way to make sure things are moving is to do some research. For example, if you file a complaint against a medical professional, the regulatory College that receives the complaint will have a complaints process. However, this is usually regulated by a government agency that has legislation regarding complaints. In Ontario all complaints must be handled in 120 days. If not, you can contact the Health Professions Appeal & Review Board and they will contact the College and accelerate the process. Some other tips to accelerate the process include contacting your local politician, begin a letter writing campaign to media outlets and compiling your story onto an internet site. Be persistent when dealing with each agency, don’t accept their statements at face value and always follow up. 5. The Media is Not a Solution: They can help but you have to convince them to write the story. Many times it may take months for them to move. Remember they don’t want any liability, they are a profit-motivated company and will only publish story’s that make them a dollar. If your former employer is litigious, they will probably be too scared to publish. The media has no problem reporting history, so once a final verdict is reached, by the authorities, they will write a story. Unfortunately it will be to late to help you. Some of the smaller media outlets may be more willing to help you. Take a look at freelance writers, who may spend more time working on your story and getting the facts. They also have the contacts you need to get it published. 6. Prepare for an Attack on your Character and Legal Threats :: The person or company you are dealing with will not let things go easily. The first response will be to discredit you. If you look like an disgruntled employee or someone with a vendetta then your story will be less believable. It’s easy for the person or company to do this. If they were unethical to start with, it’s not a huge leap for them start lying about you after you report them. There isn’t much you can do except try to disprove they’re statements. Use the document you gathered to clearly show that they are the guilty party and you were just being ethical. In the end your efforts will be recognized. You will probably receive a cease and desist letter, don’t be overly concerned as this is most likely posturing. If you are worried, speak with a lawyer. 7. Use Lawyers Sparingly: Nobody can fight with the passion you have and no lawyer will ever put the amount of effort you already have into your fight. Replying to a cease and desist letter is easy, just stick with the facts, provide the evidence and take the high road. Most lawyers will act like an 600 lb gorilla, your job is to be bigger. In all likelihood they won’t want to take this issue to a public forum, like a court room, especially if you have documented the case very well. That would give you a perfect opportunity to invite the media and lay your case out. Examples of cease and desist responses can be found at http://www.snakeoil.ca. If you need legal advice, get it, but don’t let the lawyer bleed you dry. Have your questions prepared on paper and sit down with the lawyer and discuss the issue. If they charge a minimum of one hour time, use it all. One good thing to do is prepare a short summary of the facts in your case, and fax it in to the law office. Don’t ask question in the letter. Blowing the whistle is stressful enough without having thousands of dollars in legal fees. Some people will tell you not to let the event consume you. If it does consume you, it will affect other parts of your life. But sometimes focussing your energy can be better if it will resolve the issue quicker. It’s better to throw your whole heart into the matter, rather than fight with yourself. It is difficult to not be consumed. My advice is to simply go with it. The harder you work the quicker the issue will be resolved and the sooner you can get on with your life. The is no reward for doing a good deed, that’s only in movies. In the end however you should have the satisfaction that you made your community or country a better place. People will respect you for your efforts and hopefully inspire then to do something good and that is a reward in itself. Darcy O’Neil is a chemical technologist who became a pharmaceutical whistleblower. His experiences, including the evidence, legal threats and decisions can be found at http://www.snakeoil.ca. Darcy is currently working as a bartender and a freelance writer. Article Source: http://EzineArticles.com/?expert=Darcy_O’Neil

Write About Your Whistleblower Experiences!

Write about your experiences at this site.  You are helping to share information and to encourage others to stand up as well.  Write on!

Write On @ Writing.Com!

Fed. Legal - Eligibility for Whistleblower Protection

13. Federal Legal Corner: Eligibility for Whistleblower
Protection
The U.S. Court of Appeals for the Federal Circuit recently issued a
decision that recognizes appeal rights under section 2302(a)(2)(c)
(ii) of the Whistleblower Protection Act (WPA) for employees
working in agencies that have not been expressly determined by
the President to be an executive agency or unit whose principal
function is the conduct of foreign intelligence or
counterintelligence activities. In Czarkowski v. Merit Systems
Protection Board, No. 03-3300 (Fed. Cir. Nov. 8, 2004), the
court found that President, or his lawful designee, had not
made an actual determination expressly naming the Navy's Office
of Special Projects (OSP) as an exempt agency under  2302(a)(2)
(C)(ii).

The employee, Carol Czarkowski, was employed under a Schedule A
appointment in the excepted service. Her position included dealing
with classified contracts for large dollar amounts and was
subject to a periodic security background investigation. After
Ms. Czarkowski made disclosures protected by the WPA, the agency
removed her supervisory responsibilities and placed her on a
performance improvement plan. After filing an initial complaint
with the Office of Special Counsel, Ms. Czarkowski filed an
individual right of action (IRA) against the agency with the
MSPB, alleging retaliation.

The agency moved to dismiss this case, arguing that the Board
did not have jurisdiction over the complaint because OSP was
exempt from Board jurisdiction under 5 U.S.C.  2302(a)(2)(C)(ii).
This statute denies the Board jurisdiction over IRA appeals
involving certain agencies, such as the Federal Bureau of
Investigation, the National Imagery and Mapping Agency, and
the National Security Agency. The MSPB upheld the dismissal
of her case on jurisdictional grounds, noting that Ms.
Czarkowski had failed to present evidence contradicting the
OSP's intelligence function.

The court of appeals in reversing the Board explained that
although many agencies have the authority to, and do actively
conduct foreign intelligence activities, the statute
specifically assigned the President the task of identifying
which agencies meet the principal function test. Contrary
to the Board's position, the statute does not give the Board
the authority to determine which agencies meet this test.
Even in the presence of documents that suggest to the Board
that the President could have or should have made the
determination that an agency meets the principal function test,
the burden is on the agency to establish that the President,
or his delegate, has explicitly exempted an agency or a unit
thereof.

The court noted that by establishing the Intelligence Community
Whistleblower Protection Act (ICWPA) of 1998, Congress
expressly provided all intelligence employees an alternate
scheme for disclosing information without fear of reprisal. The
legislative history of the ICWPA also supported the clear inteny
of Congress to require an express Presidential determination.
Further, the court of appeals noted that for policy reasons it
is important that employees are able to determine whether they
are covered by the WPA or the ICWPA, in order to decide how to
disclose information without fear of retaliation.

For employees of those agencies, like the OSP, whose function
includes, or is authorized to include an element of intelligence
activity, this decision will be extremely helpful in obtaining
WPA protection and establishing the jurisdiction of the MSPB over
their whistleblowing complaints. As a result of this decision,
an agency seeking to dismiss a WPA case on this basis will be
required to prove that the President, or his delegate, expressly
and explicitly determined that the principal function of the
agency is foreign intelligence or counterintelligence activity.

This information is provided by the attorneys at Passman & Kaplan,
P.C., a law firm dedicated to the representation of
federal employees worldwide. For more information on Passman &
Kaplan, P.C., go to http://www.passmanandkaplan.com.
Publisher's Note: Passman & Kaplan have produced a brand new
guide, The Federal Employees Legal Survival Guide, a must have
for all federal personnel managers.
Go to http://www.fedweek.com/pub for more information and
how to order.

You can take part in a GAP Conference Call!

Please tell your friends about the Government Accountability Project conference call by forwarding this email. It is free to participate, open to non-members and will contain a lot of important information for anyone interested in a law that could

A)    Ban political appointees from interfering with the work of federal climate scientists,

B)    Extend whistleblower protections to FBI employees and government contractors, and

C)    Provide specific authority for whistleblowers to disclose classified information to members of Congress.

-----------------------------------------------

You Are Invited to Join

The Government Accountability Project

For

The Whistleblower Protection Enhancement Act:

News on the Milestone Whistleblower Legislation at a Critical Stage in Congress

And

What You Can Do to Help Us Win an Historic Victory for Whistleblowers

Telephone Conference Call

Wednesday, August 1^st

6:00pm (ET)

With

Tom Devine,

Legal Director, Government Accountability Project

&

Adam Miles,

Legislative Representative, Government Accountability Project

For Details of How to Call-In, Email richards@whistleblower.org

Featuring Presentation, Discussion and Questions from Callers On:

Current whistleblower protection

GAP's role in creating current protections

How and why the current protections are inadequate

What the proposed legislation would achieve

History of attempts to pass new whistleblower law

The current legislative progress and likely timeline

Champions, opposition and fence sitters in congress

Pitfalls: how the law could be derailed by process and amendments

To Listen to Recordings of our Previous Conference Calls, on the Paul Wolfowitz Scandal at the World Bank and our work with drug safety whistleblowers at the FDA, visit our conference call web page.

Whistleblowers Dirty Dozen: Betrayal by Congresspersons

National Security Whistleblowers Coalition  www.NSWBC.org

Campaign for whistleblower rights and protections for National Security employees

http://nswbc.org/Reports%20-%20Documents/Whistleblowers'%20Dirty%20Dozen.pdf

List of politicians who have stood against Whistleblower protections and explanation/report.

Workplace Fairness: It's Everyone's Job

Corporate Whistleblowers/Sarbanes-Oxley...information and advice

http://www.workplacefairness.org/corpwhistleblowers