Whistleblower Law Blog » Department of Defense

Feature Article Interviewing The Employment Law Group® Principal Attorney Dave Scher Receives Wide Coverage in Military Publications

admin — Mon, 30 Jan 2012 15:45:39 +0000

On January 11, 2011 the Air Forces Times featured The Employment Law Group® law firm principal attorney Dave Scher in a story regarding recent whistle-blowing by U.S. Department of Veterans Affairs (VA) physicians.

The story has since been featured in other Gannet Government Media publications including the Army Times, Navy Times, Marine Corps Times, and Military Times. In addition, the article was mentioned on the Government Accountability Project’s (GAP) Daily Whistleblower News blog.

Cover of January 16, 2011 print edition of Air Force Times

The Air Force Times and the other Gannet publications are weekly newspapers that serve active, reserve, and retired members of the U.S. military and their families by providing news and analysis that is relevant to members of the military community. The newspapers are among the most widely purchased publications on U.S. military bases and other military installations and, together, have an average weekly circulation of over 240,000.

The article highlighted a current case that arose following allegations that a whistleblower was fired from a VA facility in Northport, New York after complaining about unsafe patient practices and hazardous working conditions. The Employment Law Group® law firm attorney Dave Scher noted that the U.S. Office of Special Counsel substantiated the allegations and that “the special counsel herself went out of her way to praise [the whistleblower’s] courage in a press release.”

The article also profiled other cases in which The Employment Law Group® law firm has advocated for whistleblowers’ rights by assisting VA doctors who claim that “they were fired or harassed for speaking out about problems affecting patient care”. In these cases, said Scher, the “former healthcare professionals attempted to point out the dangers patients were facing at VA medical facilities.”

“How such rampant disregard for regulations and respect for patients took place is a travesty. The whistleblowers are stepping forward to protect these patients’ rights as well as their own.”

The original article, entitled “Whistle-blowers Sue VA, Claim Reprisal”, appeared in the January 16, 2012 print edition of the Air Force Times.

The Employment Law Group® law firm has an extensive nationwide whistleblower practice representing employees who have been victims of retaliation.

World’s Largest Container Shipping Company Pays Federal Government $31.9 Million to Settle Lawsuit

admin — Tue, 10 Jan 2012 17:54:13 +0000

Last week the U.S. Department of Justice (DOJ) announced that Virginia-based container shipper, Maersk Line Ltd., and its Denmark-based affiliate, Maersk Line, entered into a settlement agreement in which Maersk will pay the federal government nearly $32 million to resolve allegations that the companies submitted false claims involving cargo shipments to U.S. military personnel in Afghanistan and Iraq.

The DOJ brought the suit in the U.S. District Court for the Northern District of California under the whistleblower provisions of the False Claims Act (FCA). The suit was initially filed in 2004 against another shipping firm, American President Lines (APL), by its former employee, Jerry H. Brown. In 2007 the suit was amended to include Maersk as a defendant.

APL agreed to settle the suit with the government for $26.3 million in 2009 with the whistleblower, Mr. Brown, receiving $5.19 million. Mr. Brown is entitled to $3.6 million of the current settlement with Maersk.

According to the allegations, the companies “inaccurately billed the U.S. military for certain…services rendered during war-time conditions in Iraq, Pakistan, and Afghanistan.” Specifically, the DOJ alleged that Maersk “knowingly overcharged the Department of Defense to transport thousands of containers from ports to inland delivery” and that Maersk “inflated its invoices in various ways” including overcharging the government.

Maersk attorney, James Philbin, claims that “once Maersk became aware of the allegations [it] commenced an extensive internal review…and voluntarily disclosed these findings” to the government.

U.S. Attorney for the Northern District of California, Melinda Haag, noted that “contractors that submit false claims for monies they are not owed cost the government millions of dollars every year,” and that this settlement “should send a strong signal that the government is committed to safeguarding taxpayer funds by ensuring that contractors operate ethically and responsibly.”

DoD Strengthens Whistleblower Protections for Employees of Contractors

admin — Mon, 23 Nov 2009 17:16:31 +0000

On November 19, 2009, the Department of Defense (DoD) issued an interim rule implementing the whistleblower protection provisions of the National Defense Authorization Acts for Fiscal Years 2008 and 2009. The rule clarifies the scope of protected conduct, sets forth procedures governing Inspector General investigations, and clarifies the removal provision under which a whistleblower can obtain de novo review in federal district court.

For information on The Employment Law Group® law firm’s Whistleblower Practice, click here.

Center for Public Integrity Reveals Lack of Oversight in Defense Department

admin — Mon, 06 Apr 2009 19:40:34 +0000

A new report released by the Center for Public Integrity (CPI) reveals that the number of DoD referrals to the Justice Department for contracting fraud and corruption cases have decreased drastically since 1993. According to the report, the Justice Department has received 76% fewer cases in fiscal year 2008 compared to fiscal year 1993, despite the upsurge in defense contracting ($200 billion in 1993 compared to nearly $400 billion in 2008). The CPI attributes the low number of referrals to a number of factors, including shifting priorities, workload increases, and the declining manpower and expertise in the DoD Office of Inspector General (OIG). According to the report, these problems are not unique to the OIG. The number of prosecutions of cases involving defense contracting fraud has also decreased since the Clinton administration due to the lack of “personnel to detect, investigate, prosecute and deter criminal activity impacting DoD.” The good news is that the existing problems are being addressed. Efforts to increase oversight and accountability in the DoD and Justice Department, include:

Examining the government’s work in combating fraud and determining whether it is sufficient to catch and deter wrongdoing;
Reviewing and improving government contracting rules;
Improving coordination among government investigators; and
Providing specialized training for agents and prosecutors on procurement fraud.

For more information about procurement fraud and The Employment Law Group® law firm’s Whistleblower Practice, click here.

DoD Whistleblowers Get Little Support from Inspector General’s Office

admin — Fri, 31 Oct 2008 18:34:08 +0000

An investigation conducted by the Associated Press reveals that in the past six years, more than 90 percent of Department of Defense (“DoD”) whistleblower retaliation cases have been dismissed by the Inspector General’s office. According to a study by the Associated Press, DoD investigators believe that many legitimate whistleblower claims are prematurely dismissed because of a demoralized work environment in the Military Reprisal Investigations (“MRI”) unit of the Inspector General’s office. According to a government survey conducted by the Corporate Leadership Council, only five percent of MRI personnel take whistleblower complaints seriously. The Employment Law Group® law firm is hopeful that a new administration will change the culture at DoD IG and protect DoD whistleblowers.

The Employment Law Group® law firm routinely represents DoD whistleblowers in retaliation cases. For more information about The Employment Law Group® law firm’s whistleblower practice, click here.