Whistleblower Protection Blog : Whistleblower Lawyer & Attorney : National Whistleblower Legal Defense and Education Fund : Whistleblower Protection, Fraud Claims : Washington DC

In a victory for the right of whistleblowers to seal, temporarily, their claims of fraud against the government, U.S. District Court Judge Liam O'Grady late yesterday dismissed a case brought by the American Civil Liberties Union (ACLU), OMB Watch and the Government Accountability Project (GAP). The case, filed in Alexandria, Virginia, asked the court to declare that the "seal" required by the False Claims Act is unconstitutional. The case is known as ACLU v. Holder.  If successful, this suit would have required whistleblowers to disclose their identities and their claims to the whole world while the government investigates the claim to determine if criminal, civil or no charges should be pursued.  Such disclosure would tip off the crooks to the government's investigation against them, and could subject whistleblowers to retaliation.

This case divided whistleblower advocacy groups. Taxpayers Against Fraud (TAF) and the National Whistleblowers Center (NWC) opposed the suit. Despite concerted efforts to educate the ACLU, OMB Watch and GAP to the whistleblowers' need for confidentiality, the groups decided to proceed with their suit.  They claim the the public's right to know about lawsuits as soon as they are filed should trump the government's need to investigate, and the whistleblowers' need for confidentiality. Lawyers Marc Vezina, Cleveland Lawrence and Zach Kitts filed an amicus brief for TAF's Education Fund. Judge O'Grady cited this amicus brief in his decision.

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U.S. District Judge Clay Land, of Athens, Georgia, issued an order yesterday compelling the U.S. Environmental Protection Agency (EPA) to provide their employee Madolyn Dominy for deposition in a whistleblower's scientific fraud case.   Madolyn Dominy was the EPA's Regional Biosolids Coordinator from 1998 to 2004.  In his whistleblower lawsuit, Dr. David L. Lewis (pictured) and dairy farmers Andy McElmurray and William Boyce claim that researchers at the University of Georgia (UGA) conspired with EPA employees to make false statements as part of a grant application to justify land application of sewage sludge. The law firm of Hallman & Wingate of Marietta, Georgia, represents Dr. Lewis, McElmurray and Boyce in this case. The EPA tried to use is "Touhy" regulation to prevent Hallman & Wingate from deposing Dominy.  Yesterday, Judge Land rejected this attempt, and ordered that EPA make Dominy available for deposition by September 11, 2009. A copy of the order is available at this link.

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The U.S. Justice Department announced that it is suing First Choice Armor over its marketing of Zylon-based bullet-proof vests that the company knew would break down in heat or humidity. The suit follows disclosures by Dr. Aaron Westrick, a researcher for another manufacturer, who first opposed the use of Zylon for body protection.  Based on his disclosures, Zylon-based armor is now off the market, and officers lives have been saved.  Dr. Westrick was fired.

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