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The management teams of large companies like Columbia Gas of Massachusetts do not see every detail of the day to day operations of their companies. Fortunately, those companies have thousands of employees who are working for them every day who see every detail of their work. Those employees are a valuable source of information that managers can access to assess the performance of their company in many areas, including safety. Unfortunately, many safety complaints are not addressed by the management teams that receive them. Sometimes, the consequences remain within the company, with workers getting hurt or killed on the job. At other times, the unsafe conditions that come to the attention of workers that report them to management go on to cause disasters that hurt and kill many people and destroy large amounts of property.

In September 2018, a series of explosions and fires occurred in the Merrimack Valley as the result of excess pressure within Columbia Gas’s natural gas lines. One person died, twenty-five people were injured, and thousands of residents had to evacuate their homes. Officials entered each home and business to ensure that the gas supply was shut off and that there was no gas trapped inside the building. Gas and electric service remained shut off as the displaced residents waited to be allowed back into their homes. After several days, all area residents were back in their homes, and electric service had been restored. The restoration of gas service to the area required extensive work on the pipeline, which was completed several months after the disaster. During the time that gas service was unavailable, residents had to employ temporary solutions like cooking on hot plates, heating with electric space heaters, and going without hot water.

A few months before the explosion, an employee of Columbia Gas repeatedly warned the managers of the company that the company did not have enough employees to provide safe, reliable natural gas service within the company’s service area. The employee worked in the metering and monitoring department. As staff numbers in his department were cut, he realized that the company did not have enough human resources to adequately monitor the gas pressure in the pipelines throughout its service area. Bart Madeiros retired after his repeated attempts to have his safety concerns addressed went ignored. His testimony was critical in the recent federal case against his former employer.

Columbia Gas Company recently pled guilty to federal charges alleging that the company violated federal pipeline safety laws. Investigators report that the company not only failed to protect the safety of the public, but it also acted with disregard for public safety. Columbia’s company will sell its business in Massachusetts and pay fines of over fifty million dollars. Columbia is also subject to a separate settlement under which it must pay eighty million dollars to individuals who experienced loss and damage because of the explosion and the municipalities whose infrastructure was damaged by the explosion.

Conscientious employees like Bart Madeiros are powerful allies to companies who want to prevent accidents and catastrophes. The Mississippi Whistleblower Protection Attorneys of Barrett Law PLLC support whistleblowers in their efforts to expose safety concerns, fraud, waste, and corruption. Call us today, at 1 (601) 790-1505 to arrange an initial consultation with the Mississippi Whistleblower Attorneys of Barrett Law PLLC.

Money laundering has been going on for over two thousand years, and many people are unaware of how much money is laundered on a worldwide basis every year. It is estimated that between eight hundred billion and two trillion dollars of cash annually are received illegally and passed through legal businesses to make those dollars “clean.” The intention behind money laundering schemes, which are often complicated financial transactions, is to hide money obtained illegally from law enforcement officials. If a criminal obtains money unlawfully and then they spend the money without laundering it; there is a possibility that law enforcement officials will be able to connect the person who received the money illegally with the crime of obtaining the money illegally.

Money laundering is a crime in the United States, and there are both state and federal anti-money laundering laws. Other countries also have laws against money laundering, but in some places, it is easier to launder money and not get caught. Money laundering schemes are often complicated, and some money laundering schemes funnel money into international transactions involving either businesses or financial institutions. Modern money laundering often incorporates the electronic handling of funds, which can make catching money launderers even more difficult.

There is a bill before the United States Congress called Senate Bill 2563, or, “The Illicit Cash Act.” The bill would give law enforcement officials more tools to fight back against money laundering, which is often connected with criminal activity like human trafficking, drug dealing, and terrorism. While anti-money laundering laws do currently exist, supporters of the bill say it is time for those laws to be updated and strengthened.

One of the ways the Illicit Cash Act could help officials increase enforcement of money laundering laws is by offering a monetary reward to individuals who supply officials with information that leads to the successful prosecution of money launderers. Similar financial reward provisions exist in the Internal Revenue Act, the SEC Act, and other anti-fraud whistleblower laws. The basis for all of these whistleblower laws is the False Claims Act, which was introduced by Abraham Lincoln during the Civil War and updated in 1986. The False Claims Act and the rules that were inspired by it provide a means by which ordinary citizens can report violations of the law to the government officials who can enforce those laws and receive compensation for their role in bringing criminals to justice. The payment for whistleblowers under the False Claims Act and similar laws is a portion of the fines and other financial penalties that are collected from individuals who are convicted of wrongdoing.

As is the case with other whistleblower laws, the Illicit Cash Act, if passed, contains provisions that would protect whistleblowers from retaliation. The reason that whistleblower laws have been so successful in identifying and prosecuting illegal activity is that the people who work inside of the organizations where the crimes are occurring can provide reliable information about the illegal things that they witnessed. It was a whistleblower who helped authorities crack the Danske Bank Case, the largest money laundering case in history.

If the Illicit Cash Act passes, officials will gain valuable allies in their fight against money laundering. To learn more about whistleblower protection, call the Mississippi Whistleblower Attorneys of Barrett Law PLLC today at 1 (601) 790-1505 for an initial consultation.

President Trump’s barrage of attacks on the whistleblower who expressed concern over Trump’s telephone conversation with the president of the Ukraine has already had severe consequences for other whistleblowers and would-be whistleblowers. Not only do potential whistleblowers see the president treating a whistleblower with disrespect and disregard, but there is also evidence that other government officials are following suit. Reports from the Pentagon’s office of the Inspector General indicate that managers in government agencies are retaliating against whistleblowers without concern that they will be disciplined for doing so. Would-be whistleblowers report feeling more afraid than ever to speak up. People who work for government agencies also report feeling little confidence that they would be protected if they did speak up.

For example, within the defense department, there has been a trend of the department either disagreeing with the results of investigations conducted by the Inspector General or failing to take action in whistleblower retaliation cases. This trend both suppresses would-be whistleblowers and gives management the notion that retaliation against whistleblowers might be overlooked if it were to happen. This problem is especially frustrating for whistleblower protection advocates because the Pentagon’s office of the inspector general can do little about cases where the department disagrees with the results of their investigation or fails to act on their recommendations.

The severity of the retaliation that has occurred in the Trump whistleblower situation has caused whistleblower protection advocates to urge Congress to enforce and strengthen the laws that are intended to protect whistleblowers. Among the suggestions that have been offered for improvement of whistleblower protection laws are a statutorily enforceable right to anonymity and provisions for filing a lawsuit in court (instead of a board or agency) if privacy is violated.

The high profile nature of the Trump whistleblower situation is affecting all kinds of whistleblowers, and it’s not a good one. Where some whistleblower cases, even high profile ones, have illustrated the value of coming forward to expose corruption, fraud, or waste and the protections offered to the people who do so, that is not what Americans are seeing in the Trump whistleblower situation. They are seeing a whistleblower who exposed a serious issue being poorly treated by a powerful public official who has not yet been held accountable for their words and actions toward the whistleblower.

  Presently, American confidence in federal whistleblower protection laws is declining thanks to the Trump whistleblower situation and a troubling trend within government agencies of letting retaliation against whistleblowers slide by unpunished. Would-be whistleblowers mustn’t cower in the face of the current events in Washington. As long as there are waste, corruption, and fraud, your voice is needed to expose it. The Mississippi Whistleblower Protection Attorneys of Barrett Law PLLC affirm whistleblowers in their efforts to expose fraud,  waste, and corruption. To learn more about whistleblower protection, call us at 1 (601) 790-1505 to arrange an initial consultation with the Mississippi Whistleblower Attorneys of Barrett Law PLLC.

Whistleblowers are in such a precarious position that they need all of the help they can get. Fortunately, whistleblower protection attorneys are willing to go to bat for their clients day after day, even when other groups that are supposed to be joining them in their efforts to protect whistleblowers fail to do so. The Trump whistleblower situation has already revealed a lack of federal protection for whistleblower anonymity.  It is too early to predict what consequences Donald Trump and others who have tweeted or blurted the whistleblower’s name or referenced articles revealing his identity will face.

In addition to the lack of federal protection of their anonymity, whistleblowers face yet another type of insult. The insult comes in the form of a sharp-tongued senator who has tweeted several hostile remarks about the Trump whistleblower as she continues to be a member of a Senate caucus whose name implies that it exists to protect whistleblowers. The attorney for the Trump whistleblower, along with other whistleblower protection attorneys are calling for Senator Marsha Blackburn’s resignation from the caucus, and for a good reason.

Senator Blackburn’s comments fit right in with tweets and statements that have been made by President Trump and his allies in what appears to be a unified effort to intimidate witnesses in the presidential impeachment probe. It is no secret that Blackburn has long been a supporter of Trump, and her comments echo sentiments that have been expressed by Trump and others who support him.

Attorney David Colapinto, a co-founder of the National Whistleblower Center, along with the Trump whistleblower attorney and other whistleblower protection attorneys question how someone with views that are so contrary to whistleblower protection can be a member of the Senate Whistleblower Protection Caucus. The caucus was created in 2015, by a bipartisan group of senators who wanted to discuss legislative issues affecting the treatment of whistleblowers in addition to collecting and distributing information regarding whistleblower issues.

Attacks on Twitter and elsewhere and mentions of the whistleblower’s name increase safety risks to the whistleblower and their family every time they happen. The attacks continue, even though every allegation made by the whistleblower is substantiated by one or more witnesses, and even after whistleblower attorneys sent a cease-and-desist letter to the White House in November calling for an end to the attacks. Meanwhile, the whistleblower has had to surround himself or herself and their family with additional security.

It is clear that whistleblowers are not receiving adequate protection under federal laws. It is also clear that little stands in the way of attempts to discredit whistleblowers after they come forward and to dissuade would-be whistleblowers before they speak up. The Mississippi Whistleblower Protection Attorneys of Barrett Law PLLC support whistleblowers in their efforts to expose waste, corruption, and fraud. To learn more about whistleblower protection, call us at 1 (601) 790-1505 to arrange an initial consultation with the Mississippi Whistleblower Attorneys of Barrett Law PLLC.

Whistleblowers are to be commended for their courage and willingness to come forward with information that can help others and protect them from harm. Unfortunately, between the time a whistleblower first reports a concern and the time the concern becomes publicly evident, tragedies can occur. A construction worker who had reported construction safety violations to his supervisor was seriously injured when the building he was working on collapsed. Many others were wounded in the Hard Rock hotel collapse in New Orleans, and three people perished.

Delmer Joel Ramirez Palma is a citizen of Honduras. He and his family have lived in New Orleans for eighteen years. When the Hard Rock hotel collapsed, Ramirez suffered trauma to his head and an eye injury that will require surgery, in addition to internal inflammation and injury. Several days after the hotel collapse, after Ramirez had been released from the hospital, he was fishing with his family when Immigration and Customs Enforcement (ICE) officials arrested him because he did not have identification documents. He was recently deported, and the timing of his arrest raises concerns that his deportation is retaliation against Ramirez Palma for reporting safety violations before the hotel collapse and for speaking with the media after the collapse occurred. He and his family had been fishing several times before, always with a valid fishing license, and they report that the October encounter with ICE officials is the first time they were asked for personal identification.

The hotel collapse is under investigation by the New Orleans Police Department and the United States Occupational Health and Safety Administration (OSHA). The investigating agencies need information from Ramirez Palma and other workers about what they saw and experienced at the hotel site before the collapse, especially safety violations they may have witnessed. Some of the safety concerns that Ramirez Palma reported to his supervisors include uncured concrete that was too weak to support weight and asymmetry within the structure that could impact its stability. He states that upon voicing his concerns to his supervisors, he was told to continue working. He also says that he was threatened with replacement on the job site.

Workplace safety advocates, immigration advocates, and others urged ICE to delay or stop Ramirez Palma’s deportation, to no avail. Deportation could make Ramirez Palma unavailable to the investigating agencies, possibly depriving them of critical information that could assist them in determining the cause of the deadly collapse. It is also reported that other undocumented workers may have information that could help investigators. They are reluctant to speak about the accident because they fear that they, too, could be deported. Multiple undocumented workers had reported safety concerns while working at the Hard Rock hotel site, and it is crucial that the investigating agencies not lose access to them.

A whistleblower protection attorney is a powerful ally in the face of painful retaliation. If you have experienced retaliation as the result of reporting safety, health, financial, or other concerns, call the Mississippi Whistleblower Attorneys of Barrett Law PLLC today at 1 (601) 790-1505 for an initial consultation.

 

Witnessing wrongdoing at work is easy, and it is often unavoidable. You may have nothing to do with the wrong that occurs, but there you are, as it’s happening or after it has happened, when evidence of it is in plain view. You’re in the unenviable position of deciding what to do next. You know that what you see is not right, but you are afraid of losing your job and uncertain what your next step should be because whistleblower policies and laws are confusing. You need help, and a whistleblower protection attorney may be able to help you decide what to do next.

The success or failure of many whistleblower complaints depends upon how the whistleblower goes about reporting the wrongdoing they have witnessed. It’s not an easy task to do it right, because there are different laws that protect public and private employees and protection is often only available to individuals who follow the proper procedures for reporting misconduct. Whether you work for a private company or a government agency or contractor, the very first thing you must do before you blow the whistle is to make sure that you know the procedure for reporting wrongdoing that applies to your situation. If you need help, an attorney may be able to help you understand what a whistleblower policy says about what you must do. If you interpret the policy incorrectly and embark on a course of action that is improper, such as jumping the chain of command, you may jeopardize your ability to claim protection as a whistleblower.

In addition to helping you know how to expose wrongdoing properly, a whistleblower protection attorney may be able to help you obtain protection if you lost your job or suffered retaliation after you refused to participate in an illegal activity. Sometimes you don’t have the opportunity to read and understand your company’s policy or the applicable laws before you do something that causes you to lose your job. Workers are sometimes caught in the difficult position of having to choose between doing their job as they have been asked to do it and breaking one or more laws. For example, a truck driver might be asked to make a trip that would violate the laws that govern work and rest periods for truckers. In that moment the trucker must choose between obeying their boss and breaking the law or obeying the law and almost certainly losing their job. If you decide to follow what the law says and you get fired, meet with a whistleblower protection attorney to assess whether you may be able to prevail in a case against your former employer. You’re not likely to want your job back, but you may be able to recover lost wages and prevent your former employer from sabotaging your future employment seeking efforts.

Those are just two of the many reasons a whistleblower protection attorney is a powerful ally both before and after you blow the whistle or experience retaliation. To learn more about the protections available to whistleblowers, call the Mississippi Whistleblower Attorneys of Barrett Law PLLC today at 1 (601) 790-1505 for an initial consultation.

 

 

Whistleblowers bring matters out into the open that would otherwise remain hidden. Sometimes, the things that are exposed by whistleblowers have consequences that are literally a matter of life or death. A recent disclosure by a whistleblower who filed a suit in federal court claims that the largest military shipbuilder in America put American lives at risk when it falsified certifications and test results pertaining to the stealth coatings that it puts on its submarines. The stealth coating is a material that resembles foam rubber, and it is designed to applied to submarine hulls with a two-part adhesive that requires special certification for its use. The reason that certification must be obtained by the companies and workers who apply the adhesive is that the adhesive doesn’t work correctly if it is not mixed properly. When the adhesive is not prepared properly prior to application, the coating can peel off of the hull. It was reported by personnel who operated the affected submarines that large sections of coating had torn off of their vessels while the vessels were on the move.

The complaint accuses Hunter Ingalls Industries of claiming that it had coated the hulls of certain submarines properly when the reality is that the company took shortcuts during the coating application process that compromised the coating’s performance. The coating is designed to enable submarines to elude detection by enemy sonar. When the coating was not applied properly, it created a danger to all of the people on board each of the affected submarines, who were operating as if they could not be detected when in fact their submarines were detectable.

Applying the stealth coating incorrectly was dangerous enough, but the company is alleged to have gone even further in their wrongdoing by certifying to the government that they had applied the coating correctly. That certification was made under a contract  that the company had with the government to manufacture the submarines to meet specific criteria in exchange for payment for the submarines. This is an example of a whistleblower case where the wrongdoing is several layers thick, simultaneously exposing American troops to a heightened risk of harm and violating the federal False Claims Act.

While not all whistleblower cases offer a reward for the person who stepped forward to expose the wrong, this case is a type of whistleblower lawsuit where the party who filed it on behalf of the government could receive compensation if the government collects damages resulting  from the fraud committed against it. Whistleblower lawsuits that contain this type of reward for the whistleblower are called “qui tam” lawsuits.

The whistleblower in this case witnessed the faulty coating application and subsequent false certification during the course of their employment at the shipbuilding company. Many individuals work in jobs where their work and the work of others in their workplace can have an impact on the safety of others and the integrity of contracts. The Mississippi Whistleblower Protection Attorneys of Barrett Law PLLC support whistleblowers in their efforts to protect the health and safety of Americans and to expose fraud. To learn more about whistleblower protection, call 1 (601) 790-1505 to arrange an initial consultation with the Mississippi Whistleblower Attorneys of Barrett Law PLLC.

 

 

 

The courageous actions of whistleblowers at all levels of influence bring things to light that would otherwise remain hidden. Each wrong that a whistleblower exposes can provide an opportunity for businesses or governments to mitigate some of the consequences that could be caused by the wrongdoing, outcomes that have the potential to be widespread and devastating without intervention.

Sometimes, whistleblowers expose threats or concerns to our national security. The House Intelligence Committee just released a declassified document containing a whistleblower complaint against President Trump. The document was released shortly before the director of national intelligence was set to testify regarding that complaint. The complaint, filed by an as yet unidentified whistleblower, alleges that the President of the United States is soliciting interference with the 2020 Presidential election from a foreign country.

In their complaint, the whistleblower claims to have received information from multiple United States officials regarding that solicitation. The information is said to have come to light over the past four months, by more than six officials who conduct official interagency business with the whistleblower. That official business routinely includes the sharing of information that would inform those individuals and equip them to carry out their policymaking duties regarding their areas of responsibility.

The whistleblower speaks to potential concerns about the validity of their complaint by explaining how the pieces of information that were revealed to them were each revealed by multiple sources and corroborate with each other. Some of the information also corroborates with publicly reported information. The whistleblower’s complaint, which they claim they have filed in fulfillment of their duty to report this matter, which they say falls within the definition of an urgent concern as defined by 50 U.S.C. §3033(k)(5)(G). The whistleblower’s complaint also implicates other individuals besides the President in the solicitation efforts, including the President’s personal attorney and the Attorney General of the United States.

Much of the complaint focuses on a July 25th telephone conversation between President Trump and Ukrainian President Volodymyr Zelensky. According to the individuals who shared their concerns with the whistleblower, President Trump used the majority of the phone call to advance his personal interests. During the conversation, the President is alleged to have pressured Zelensky to investigate the activities of Joe Biden and his son. He also asked Zelensky to provide information about the Russian interference with the D.N.C.’s computer networks in 2016. Trump also asked the Ukrainian President to meet with individuals that he has selected to serve as his envoys. Approximately a dozen government officials listened to the conversation, which is customary procedure for routine calls with foreign leaders, which is what everyone thought that phone call would be.

The content of the President’s July 25th telephone call with Volodymyr Zelensky is just one concern raised by the whistleblower complaint. There are also concerns about the actions of officials in the White House following that conversation. We will explore those concerns in a separate article.

The integrity of the election process in the United States has come under increasing scrutiny in recent years. National security is also at risk when the election process is tampered with by foreign countries. The Mississippi Whistleblower Protection Attorneys of Barrett Law PLLC support whistleblowers in their efforts to maintain our nation’s integrity and keep America safe. To learn more about whistleblower protection, call 1 (601) 790-1505 to arrange an initial consultation with the Mississippi Whistleblower Attorneys of Barrett Law PLLC.

 

The good that can come from whistleblowers doing what they do can come in many forms. Sometimes, the information that whistleblowers bring out into the open brings awareness to safety risks, some of which could be life-threatening if they are allowed to persist. One such situation happened recently when a whistleblower exposed fuel risks that could endanger the lives of Navy pilots and other people.

The whistleblower, Glenn Schwartz, was a civilian aeronautical engineering technician. Schwartz got fired recently but not before he exposed the fuel safety risks and other serious hazards. He said that his managers placed him in a position that he was underqualified for, and that they attempted to qualify him by providing on the job training that could not adequately prepare him with the training and knowledge that he needed to safely perform the highly technical work that he was performing in his job. Schwartz’s job was calibrating equipment that gets used to test weapons systems and aircraft support equipment, which is certainly not a job that just anybody can do.

Not only is Schwartz unqualified, his placement in the position that he got placed in violated Navy regulations that specify in detail the credentials that are required to get qualified for certain positions. Unfortunately, Schwartz wasn’t the only individual who got placed in a position that they were unqualified to fill. There are others at the Fleet Readiness Center- East and the Metrology and Calibration Laboratory who lack the training, experience, and education that they need to perform their work properly. When you consider the work that gets done at these facilities – maintaining Navy aircraft and testing weapons systems, it is easy to see the safety risks posed by unqualified workers performing jobs that they do not know how to do properly. Those safety risks are the reason that the Navy has detailed regulations regarding qualifications for positions, and Schwartz played a significant role in exposing his employer’s violations of those rules.

The United States Office of Special Counsel (OSC) is investigating Schwartz’s firing, as it was possibly an act of retaliation against him. He got fired in early June, and his attorney says that the reasons cited for his dismissal, which is mostly related to attendance procedures, are things that would not usually get cited as a reason for dismissing someone. That assertion would support a conclusion that Schwartz’s firing was retaliatory, but it is important to note that the OSC’s investigation into the matter is not yet complete.

The Mississippi Whistleblower Attorneys of Barrett Law PLLC support whistleblowers in their efforts to keep people safe and expose dishonesty, misconduct, and even violations of the law. The consequences of exposing wrongdoing in your workplace can be harsh, but your actions could make a significant and potentially life-saving difference in the lives of others, as Mr. Schwartz’s situation illustrates. If you want to learn more about whistleblower claims, call 1 (601) 790-1505 to arrange an initial consultation with the Mississippi Whistleblower attorneys of Barrett Law PLLC.

 

Last month, the Senate took an important step in the direction of reforming the badly broken system that provides essential services to our nation’s veterans. The “Department of Veterans Affairs Accountability and Whistleblower Protection Act” contains a variety of provisions aimed at improving the Veterans’ Affairs system, including increased protection for whistleblowers within the Department of Veterans’ Affairs. The recent rash of VA whistleblower cases is evidence of a culture of retaliation towards whistleblowers within the Department of Veterans’ Affairs, hence, the increased protection that the Act aims to provide is essential at this time.

The Department of Veterans’ Affairs provides health care and other services to those who serve our nation. Over the years, the system by which those benefits get provided has become severely broken in some ways due to mismanagement and other problems within the agency with the result being poor service to our veterans. Congress has tried to make some improvements in years past, and progress has been made, but it is slow and more changes are needed. In 2014, Congress enacted the “Veterans Access, Choice, and Accountability Act” which gave the VA Secretary the authority to quickly and easily remove underperforming senior executives. That Act also required the VA to incorporate disciplinary action into its human resources policies in instances of misconduct involving falsification of patient care data.

The “Department of Veterans Affairs Accountability and Whistleblower Protection Act” builds on prior improvements by giving the VA Secretary more flexibility in how they can discipline or remove employees who are not delivering quality care or upholding the department’s best practices. As noted before, retaliation against whistleblowers is a major problem within the Department of Veterans’ Affairs. The new Act will strengthen existing measures which protect whistleblowers from retaliation for reporting problems, in the spirit of promoting a culture of accountability within the Department.

The “Department of Veterans Affairs Accountability and Whistleblower Protection Act” got signed by President Trump on June 23.  It is expected to deliver, as it promises, much-needed change within the Department of Veterans’ Affairs. Many people are pleased that this legislation passed, as support for the legislation by outside groups was enthusiastic throughout the legislative process.  For example, the legislative director of the organization Iraq and Afghanistan Veterans of America stated that they think the Act is “the strongest VA accountability measure that can be signed into law.”

The Mississippi Whistleblower Protection Attorneys at Barrett Law PLLC appreciate the efforts of the legislators who worked to draft, promote, and pass “Department of Veterans Affairs Accountability and Whistleblower Protection Act.” Whistleblowers within the Department of Veterans Affairs need all of the support that they can get, given the organization’s current culture of retaliation as evidenced by the numerous whistleblower cases that have been filed by VA whistleblowers. Hopefully, the new legislation will encourage whistleblowers to continue to come forward when they witness wrongdoing within the VA. If you have questions about whistleblower protection claims, call 1 (601) 790-1505 to set up a consultation with the Mississippi Whistleblower Protection Attorneys of Barrett Law PLLC.