Energy Contractor Fraud

Whistleblower Qui Tam Energy Contractor Fraud

The Department of Energy's Whistleblower Protection Program was established to safeguard "public and employee health and safety; ensur[e] compliance with applicable laws, rules, and regulations; and prevent[ ] fraud, mismanagement, waste, and abuse" at DOE's government-owned, contractor-operated facilities. 57 Fed. Reg. 7533 (March 3, 1992). Its primary purpose is to encourage contractor employees to disclose information which they believe exhibits unsafe, illegal, fraudulent, or wasteful practices and to protect those "whistleblowers" from reprisals by their employers. 

Whistleblower Guidelines

• The Inspector General Act of 1978, as amended, 5 USC Appendix, § 7.
  The IG Act of 1978 protects civil service employees who disclose instances of
  violations of law, rules, or regulations, or mismanagement, gross waste of funds,
  abuse of authority or a substantial and specific danger to the public health and
  safety. The disclosure must be made to the OIG. Knowingly false reports to the
  IG, or reports made without regard to their truth or falsity, are not protected.
• Whistleblower Protection Act of 1989, 5 USC § 1211 et seq.
  The Whistleblower Protection Act of 1989 is another provision that protects civil
  service employees for disclosures relating to violations of law, rules, or
  regulations; gross mismanagement; gross waste of funds; abuse of authority, or a
  substantial and specific danger to the public health and safety. Applicants for
  Federal employment and former Federal employees are protected under this
  statute. The Office of Special Counsel (OSC) administers the law. The OIG may
  investigate such matters and refer them to the OSC, or may work these cases
  jointly with the OSC. The OSC has authority to litigate before the Merit Systems
  Protection Board to seek a stay of the alleged retaliatory personnel action while its
  investigation is pending. When the OSC fails to act, the aggrieved employee or
  applicant may petition for protection directly to the Merit Systems Protection
  Board.
• False Claims Act, 31 USC § 3730(h).
  The False Claims Act protects private sector employees who assist in False
  Claims Act litigation in the Federal courts. Reprisals for assisting in OIG
  investigations of false claims are also protected. The employee must bring suit in
  Federal District court to seek a remedy. In addition to other employment
  remedies, the employee may also seek two times back pay owed as well as
  attorneys’ fees.
• Federal Acquisition Streamlining Act (FASA), § 6005, amending 10 USC
  § 2409. FASA protects private sector employees of NASA prime contractors if the
  disclosure is made to the Department of Justice, Congress, or to the OIG and if
  the disclosure concerns a substantial violation of law pertaining to a contract,
  including its competition or negotiation. The statute does not, however, protect
  employees of NASA subcontractors. The disclosure must also relate to a
  substantial violation of law pertaining to a NASA prime contract or its formation.
  Employees who believe they are aggrieved may file a signed, written complaint
  with the OIG. Unless the complaint is frivolous, under the law the OIG must
  investigate and submit a report to the employee, the employer, and the NASA
  Administrator. The employer and employee can comment on the report, and the
  Administrator can request further fact finding. If the Administrator finds reprisal 
  for protected disclosures has occurred, the Administrator can abate the reprisal by
  ordering reinstatement, back pay, and attorneys’ fees. NASA can enforce the
  Administrator’s order in Federal district court. A party aggrieved by the
  Administrator’s order can seek review in Federal circuit court.
• 5. Sarbanes-Oxley Act of 2002, P.L. 107-204, § 806 (codified at 18 USC § 1514A). The Sarbanes-Oxley Act provides protection to employees of publicly traded corporations for disclosures and testimony and investigative assistance related to fraud against shareholders, mail fraud, wire fraud, and violations of the U.S.
  Securities and Exchange Commission rules. The U.S. Department of Labor
  enforces the law, although the OIG can refer cases to them. The significance of
  this Sarbanes-Oxley Act is that disclosure to the immediate supervisor is
  protected. In contrast, other statutes and case law, such as those that interpret the
  Whistleblower Protection Act, have held that disclosures to immediate
  supervisors, particularly when they are the alleged wrongdoers, are not
  whistleblowing disclosures.
• Sarbanes-Oxley Criminal Provision, 18 USC § 1107. Retaliation Against
  Informants. It is a criminal offense to threaten any employee’s livelihood in retaliation for providing truthful information to law enforcement in an investigation of a
  Federal criminal offense. The provision protects private and public sector
  employees from retaliation. The protected disclosures must actually be truthful,
  not just have reason to believe they may be truthful. The retaliation must be
  knowing and intentional. If convicted of this felony, the sentence can include a
  fine and 10 years of imprisonment.
• Research Misconduct Regulation Implementing Office of Science and
  Technology Policy policy. (NASA regulation 14 CFR 1275.104(e), 69 Federal
  Register 42102 et seq., effective July 14, 2004).To the extent permissible by law, the identities of whistleblowers who wish to remain anonymous will be kept confidential by the OIG.

  If you have a question regarding the False Claims Act or other whistle blower claim please fill out the form below for a free case evaluation.

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