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

Whistleblower Wilfredo "Boy" Mayor was murdered last Sunday morning in Pasay City, Philippines. According to numerous news reports, gunmen on two motorcycles attacked Mayor's vehicle (which had heavily tinted windows) while it was stopped at a red light at 4:11 am on Sunday.

Mayor had been an operator of an illegal numbers game called "jueteng." His testimony to the Philippine Senate linked President Gloria Macapagal-Arroyo's son to the illegal game. Former Lingayen-Dagupan Archbishop Oscar Cruz announced that he believes Mayor was killed because he was about to expose a concern that construction projects in Albay were being steered to a favored contractor.  This contractor was exercising monopoly power over construction, preventing effective competition. The projects were funded using the Countrywide Development Fund (CDF). My heart goes out to Mayor's family and friends as I consider how speaking truth to power exposes one to unknown levels of retaliation. Follow these links to stories by ABS-CBN, World News and GMA TV.

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The National Employment Lawyers Association (NELA), is presenting "Effective Appellate Advocacy In Employment Cases." Using a mock case, the seminar will feature workshops on brief writing and oral argument. This program will be held on March 12 - 13, 2010, at the Crowne Plaza Hotel Dallas Downtown, in Dallas, Texas. Use this link to register now.

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I had the pleasure this evening of speaking to Prof. Jane Uebelhoer's business ethics class at Marymount University in Ballston, Virginia, this evening.  The class was inquisitive, and we had a wide ranging discussion about the history of whistleblower protections, current controversies and the need for new legislation.  They were surprised to learn that our nation's patchwork of whistleblower laws still has gaping holes where there is no protection for whistleblowers, such as in health care.  I was pleased to learn that the class had such a ready consensus that every American should have access to a jury trial if they are fired for reporting any type of illegality.  Hopefully, they will soon all join the National Whistleblowers Center's Action Alert network. I thank Prof. Uebelhoer and student leader Samuel Papkin for inviting me to this promising class. Here is my photo of Marymount University's Ethical Issues in Business and Society class of 2010:

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I had the privilege of speaking at the Tuscarawas County, Ohio, commemoration of the Dr. Martin Luther King, Jr., holiday. It has been 22 years since Rev. Christopher Lowery and I started these local commemorations. Here I am with my friend, Rev. Archie Jackson.

The event gave me an opportunity to speak about the persistent effect of slavery, and how many Haitian families could still use the wages left unpaid. I spoke of my affection for Tuscarawas County, and the many local organizations that help us live more justly with one another. I explained our work with the Bunny Greenhouse, Bassem Youssef and Bradley Birkenfeld cases.  I called for statehood for the District of Columbia and for passage of the Arbitration Fairness Act, HR 1020 and S 931. Ohioans have two Senators to call for co-sponsorship. DC residents do not. I reflected on the similarity of prophesy, especially as Prof. Francine Childs explained it ten years ago, and whistleblowing. Finally, I compared President Barack Obama's Nobel Peace Prize acceptance speech with that of Dr. King.

The local Times-Reporter has a story about the event in today's edition. Thank to you Rev. Lowery and attorney Marvin Fete for inviting me, and for carrying on the local tradition of remembering Dr. King's message.

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I am pleased to announce here that I will be delivering the keynote address of the commemoration of Dr. Martin Luther King, Jr., Day in Tuscarawas County, Ohio.  The event will begin at 7:00 p.m., this Monday, January 18, 2010, at the First Baptist Church, 140 Regent St., Dover, Ohio.  The local Time Reporter newspaper has a lead story about the event in today's edition.  The event will be an opportunity for me to speak about my work here at the National Whistleblowers Center, and how we draw on the message and mission of Dr. King. Dr. Martin Luther King, Jr., serves as a prophet for the present day. His message and life work ended apartheid in America. Yet, his call for an end to povery, discrimination and war are still unfulfilled. The national holiday in his honor is an opportunity for us to think about how every person has the capacity to change within, and to change the world.

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Mark Toth's management-side blog, Manpower Employment Blawg, reports on findings from Jury Verdict Research. Jury verdicts in employment cases are up this year, a "whopping 60%" from $204,000 to $326,640. Discrimination verdicts rose 16%, from $208,000 to $241,119. Employers are losing 61% of the cases, their worst year this decade. Employees are winning 67% of age discrimination cases, but only 48% of disability cases. Employees do better in state courts where they win 63% of their cases, compared with 57% in federal courts.  State court verdicts were also higher, on average, than those in federal court.  The median settlement only cost $90,000 -- a bargain for any employer that actually cares about the bottom line. These statistics do not reflect the high hurdles placed on getting to a jury trial -- overcoming motions to dismiss and for summary judgment.

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A D.C. Superior Court judge recently released Donald E. Gates, who spent 28 years in prison for a murder and rape he did not commit. The court also expunged Mr. Gates' conviction after it was determined that the government's expert, FBI crime lab examiner Michael P. Malone, lied about the hair and fibers evidence that Malone claimed linked Gates to the rape and murder.

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U.S. Department of Transportation Inspector General Calvin Scovel III issued a letter of commendation to Steve T. Mackey, a former bridge manager for Metro's Silver Line extension to Dulles Airport.  According to a story in today's Washington Post, Dulles Transit Partners overruled Mackey's concerns and decided to use 11 foundations abandoned in the 1970's without testing them to determine if they could bear the weight of the planned rail bridge over Interstate 66.  Mackey reported his concerns to Scovel's office which led to federal safety intervention to obtain the testing Mackey recommended.  Mackey has since left the Dulles Transit Partners and works for an area engineering firm. Scovel's letter states, "Engineers shall hold paramount the safety, health and welfare of the public. Your actions exemplify this ethic and are a credit to you and your profession." If the Silver Line bridge had been built without testing, a latent defect could have led to catastrophic failure at a time when the bridge was under increased load -- such a a crowded train during rush hour traffic.  We add our thanks to Steve Mackey.

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The National Whistleblowers Legal Defense & Education Fund's teleconference on National Security Whistleblowers is underway.  Shown here are Sibel Edmonds of the National Security Whistleblowers Coalition, Stephen M. Kohn, Executive Director of the National Whistleblowers Center, David Colapinto, General Counsel of the National Whistleblowers Center, and Mark Zaid of the James Madison Project.  The teleconference also includes participation by telephone of Fred Whitehurst of NWC's Forensic Justice Project, and TSA whistleblower Robert MacLean.

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The National Whistleblowers Legal Defense & Education Fund will host a conference call training seminar covering a number of innovative and alternative ways to successfully represent national security employees. The three presenters, Mark S. Zaid, Stephen M. Kohn, and David K. Colapinto, all seasoned litigators in this field, will focus on a number of legal tools including constitutional injunction, Title VII, the Privacy Act, FBI whistleblower procedure, and whistleblower laws protecting national security contractors.

The information that will be covered is valuable to any national security whistleblowers, anyone who represents these clients in their practice, or any advocate dedicated to preserving the rights of national security employees.

The teleconference will take place Friday, December 11, at 12:00 p.m. Eastern/9:00 a.m. Pacific.
Click here for registration information.

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