The National Whistleblower Center is reporting that the Civilian Agency Acquisition Council and the Department of Defense have approved new rules governing federal contracting which go into effect today.
For the full story on the NWC website, and to read the rules, Click Here.
We told you that Obama's hardest promise would be protecting whistleblowers.
According to today's Washington Post, he just might be up for it.
Many of us in the whistleblower community of supporters have been cautiously optimistic about the opportunity to pass truly meaningful whistleblower protection laws under an Obama administration. The President-elect has a history of supporting whistleblowers, in fact, as a young lawyer he worked representing whistleblower Dr. Janet Chandler in a False Claims Act case that eventually wound its way to the Supreme Court. As a Senator, Obama supported legislation to protect government employees from retaliation when they report waste, fraud and abuse. Now as he prepares to take office, he has again, via the transition team website, reiterated his support for whistleblowers.
There is much reason for optimism, and all signs point to continued support from the Obama Administration, but we must also be cautious. Many a politician or corporate manager have vowed to strive for the highest ethical standards, to hold the powerful in check...that is, until they attained those positions of power. The voices of dissent are often not so appealing when they are bringing to light problems with which you must deal.
Last week, I blogged about the recent critical GAO report which found that Congress and the Administration have not done enough to implement oversight of the $700 corporate bailout bill that was passed in October. Well, after weeks of foot-dragging, the Senate has finally voted to appoint former New York Prosecutor Neil Barofsky to the position of Inspector General of the Troubled Asset Relief Program (TARP) -- the program responsible for doling out all of that money.
This is a good first step, but much more needs to be done. As this exceptional article in the Washington Post reports, IG's serve at the pleasure of the president, and some have been notoriously loyal to the administration. Further, the IG will not be effective unless he can get credible information about illegal or wasteful spending from employee whistleblowers who can speak up without fear of retaliation. That's why the most important piece of this, and any oversight effort, is a strong whistleblower law. Congress should pass one immediately.
The Boston Globe is reporting that the Supreme Court is considering taking up a case that "might set new limits on whistle-blower lawsuits against drugmakers, biotechnology companies, and other businesses." The court has requested advice from the Department of Justice regarding the suit.
The case in question deals with the False Claims Act and specifically whether FCA cases can be based on allegations which have previously been made public in state government documents. Limitations have currently only been applied when the whistleblowers' allegations have previously seen light in Federal Government documents.
Industry groups support the new limitations, which is no surprise considering the FCA has been the most effective fraud-fighting law in history, netting over $1 Billion in fraud recoveries for American taxpayers last year alone.
FCA-type laws are also helping uncover massive government contractor fraud schemes in countries like South Korea
Add this blog to your feeds or put your e-mail in the box below and hit GO to subscribe by e-mail.
How can we help? Any information you provide is considered confidential and will not be shared outside of our organization. Requests for legal assistance are considered strictly confidential / attorney-client privileged.
Whistleblower Link Blog
.jpg)
The National Whistleblower Legal Defense & Education Fund ("Fund") provides legal referrals to whistleblowers in search of competent counsel. Click the link above to submit your confidential report.