Transcript ARRA Whistleblower Jurisdiction A Brave New World

ARRA Whistleblower Jurisdiction
A Brave New World
NATIONAL FRAUD AWARENESS CONFERENCE
JULY 26-29, 2010
HEATHER ALBERT & THOMAS SHIPLEY
DOT/OIG
AGENDA
The Statute
Evaluating Jurisdiction
Prepping the Case
Questions
The Statute
Section 1553 of the American Recovery and
Reinvestment Act of 2009, extends
whistleblower protection to non federal
employee’s who reasonably believe they are
being retaliated against for reporting wrong
doing stemming from the use of American
Recovery and Reinvestment Act (ARRA) federal
funds.
The Statute
Who is protected? Employees of non-federal employers receiving
Recovery funds, including:
•State and local governments,
•Contractors,
•Subcontractors
•Grantees
•Professional membership organizations acting in the interest of Recovery
fund recipients
What are people who report fraud protected from?
Being discharged, demoted, or otherwise discriminated against as a
reprisal for making a protected disclosure.
The Statute
To whom must the disclosure be reported to qualify
as protected?
•The Recovery Accountability and Transparency Board,
•An Inspector General,
•The Comptroller General of the United States,
•A member of Congress,
•A state or federal regulatory or law enforcement agency,
•A person with supervisory authority over the employee,
•A court or grand jury, or
•The head of a federal agency or his/her representatives
The Statue
What evidence must the disclosure include?
•Gross mismanagement of a Recovery contract or grant,
•Gross waste of Recovery funds,
•Substantial and specific danger to public health or safety as
related to the use of Recovery funds,
•Abuse of authority related to the use of Recovery funds, or
•Violation of law, rule, or regulation related to an agency
Recovery contract or grant
Evaluating Jurisdiction
Frivolous
Previous Administrative
Proceeding
Employee
Covered Funds
Disclosure
To Authorized party
Reprisal: discharge,
demoted or discriminated
Contributing Factor
Gross, Substantial
Abuse of authority related to
implementation
Violation of Law, Rule,
Regulation
Related to a contract or grant
Awarded or Issued
Timeline
Prepping the Case
Burden of Proof
Disclosure must be a contributing factor in the reprisal
Circumstantial Evidence of contributing factor
Reprising official knew of the disclosure; or reprisal occurred
within a period of time after the disclosure that a reasonable
person would conclude it was related
Employer Rebuttal
Clear & convincing evidence that employer would have taken the
action in absence of disclosure
Questions?
Heather Albert
Heather.Albert.oig.dot.gov
Thomas Shipley
[email protected]