NATIONAL FRAUD AWARENESS CONFERENCE JULY 26-29, 2010 HEATHER ALBERT & THOMAS SHIPLEY DOT/OIG ARRA Whistleblower Jurisdiction A Brave New World

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