• Exclusives
  • Qui Tam
  • SEC
  • CFTC
  • FCPA
  • Whistleblowers Handbook
Subscribe
Donate
No Result
View All Result
Whistleblower Network News
The Truth at Any Cost.
Qui Tam, Compliance and Anti-Corruption News.
Whistleblower Network News
  • Exclusives
  • Qui Tam
  • SEC
  • CFTC
  • FCPA
  • Whistleblowers Handbook
Subscribe
Donate
No Result
View All Result
Whistleblower Network News
No Result
View All Result
Home Government

Whistleblowers Expose FDA’s Illegal Surveillance of Employees

WNN StaffbyWNN Staff
February 1, 2012
in Government, News
Reading Time: 5 mins read
Share on TwitterShare on FacebookShare on LinkedInEmail

TAKE ACTION!

FDA Spy Program Documents Linked Here

As reported in today’s Washington Post, six current and former employees of the Food and Drug Administration (FDA) have filed a complaint against the FDA in U.S. District Court. The employees are seeking an injunction to stop the agency from illegally spying on employees’ private communications to Congress and other oversight agencies.

Linked here are key documents related to this lawsuit and the FDA’s spying program.

The complaint details how the FDA targeted its employees with a covert spying campaign that lasted for two years. The FDA began the program after learning that the employees wrote a letter to President-Elect Obama and his transition team in early 2009 detailing government misconduct in approving unsafe medical devices.  The Agency installed (or activated) spyware on their workplace computers and used other technology that to monitor their password-protected Gmail-to-Gmail communications.

In addition to reading the whistleblowers’ emails, the FDA took contemporaneous screen shots of the employees’ computer screens. Managers used the collected information to learn the identities of confidential whistleblowers and to obtain the details of the public health and safety concerns the whistleblowers intended to disclose to the Office of Special Counsel, Congress and the Agency’s own Inspector General.

The FDA also intercepted email communications to and from staff members of the House Committee on Energy and Commerce and the Ranking Member of the Senate Finance Committee.  These Congressional intercepts are linked here.

The FDA’s prolonged covert monitoring of the whistleblowers continued even after the HHS Office of Inspector General denied the FDA’s request to take any criminal and/or administrative action against the whistleblowers. In their letter of refusal, the OIG explicitly informed the FDA that the whistleblowers’ communications to Congress were protected under law.

The managers who spearheaded the surveillance efforts were the same managers involved with the wrongdoing and corruption that the whistleblowers were seeking to report. Lawyers at the FDA and HHS Offices of General Counsel, who should have understood that the program breached the employees’ confidentiality, helped FDA managers with their obstruction and retaliation.

In their lawsuit, six FDA whistleblowers who were fired by the agency (including two highly respected medical doctors, a Branch Chief, a former Health and Safety Officer employed by the Public Health Service and a 23-year FDA career M.D./Ph.D Scientist) are requesting a nationwide injunction prohibiting the federal government from targeting whistleblowers with selected surveillance and monitoring.

The lawsuit alleges that such targeted monitoring of whistleblowers violates their First Amendment rights of freedom of speech and association.

Stephen M. Kohn, NWC Executive Director and attorney for six FDA whistleblowers, issued the following statement:

The FDA declared war on employees who were trying to warn Americans about threats to public health and safety.

The federal government cannot—and should not—spy on whistleblowers. The First Amendment prohibits targeting whistleblowers and selectively monitoring them using highly intrusive electronic surveillance without a warrant.

Targeting the employees who raise health and safety concerns—or who try to report waste, fraud and abuse to the proper authorities—will have a massive chilling effect on employees.

The FDA’s illegal spying program is not just a problem for the six victims in this case. The day we allow the government to spy on employees based on their lawful whistleblower activities is the day we give up privacy for every honest public servant in America.

If permitted to stand, the FDA’s whistleblower surveillance program will be used by government agencies throughout the United States to silence employees who want to report misconduct.  Those who are not silenced will be subjected to years of intrusive covert spying designed to dredge up embarrassing information that the agencies can use to destroy the whistleblowers’ reputations and careers.

Today, the NWC issued an Action Alert seeking public support for the FDA whistleblowers and demanding an end to the federal government’s targeted and selective surveillance of whistleblowers.

The NWC obtained the intercepted emails as a result of a lawsuit filed under the Freedom of Information Act and from documents produced by the FDA as a result of administrative actions taken against three of the whistleblowers.

Links:  

FDA Whistleblower Complaint

Intercepted Emails from FDA Whistleblowers  
 
Letter from the HHS OIG
 
Support FDA Whistleblowers Page
 
NWC Action Alert

 

Protect Yourself: Purchase the New Whistleblower Handbook Protect Yourself: Purchase the New Whistleblower Handbook Protect Yourself: Purchase the New Whistleblower Handbook
Tags: FDAOffice of Special CounselWhistleblowerWhistleblower News
Previous Post

New IRS regulation is no help to whistleblowers

Next Post

Senator Grassley’s Ten Scathing Questions for the FDA

WNN Staff

WNN Staff

Next Post

Senator Grassley's Ten Scathing Questions for the FDA

Write a Letter to The Editor.

Receive Daily Alerts

Subscribe to receive daily breaking news and legislative developments sent to your inbox.

  • This field is for validation purposes and should be left unchanged.

Most Popular

DOJ’s Agreement with Physician Settles Qui Tam Whistleblower’s Allegations

Whistleblower Nets $51,952 in Settlement with University of Maryland Shore Regional Health

DoD Inspector General Finds Trump Officials Retaliated Against Col. Vindman

Whistleblower to Receive Over $630,000 in $2.8 Million Fraud Settlement

“I was not going to be silenced, and the world needed to know.” – WNN Exclusive Conversation with Natalie Mayflower Sours Edwards and Jason Leopold

Malaysia’s Health Ministry Seeks to Improve Whistleblower System

Whistleblower Poll

Whistleblower Poll
Whistleblower Poll

Exclusive Marist Poll: Overwhelming Public Support Among Likely Voters For Increased Whistleblower Protections

byGeoff Schweller
October 6, 2020

ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT

STAY INFORMED.
Subscribe to receive breaking whistleblower updates.

  • This field is for validation purposes and should be left unchanged.

About Us

  • About
  • Contact Us
  • Donate

Subscribe

  • Daily Mail
  • Follow us on Twitter
  • YouTube Channel

Contribute

  • Letter to the Editor
  • Submission Guidelines
  • Reprint Guidelines

Your Experience

  • Accessibility Statement
  • Privacy Policy
  • Terms of Use

Help

  • The Whistleblowers Handbook
  • Advertise
  • FAQs
Whistleblower Network News

Whistleblower Network News is an independent online newspaper providing our readers with up-to-date information on whistleblowing. Our goal is to be the best source of information on important qui tam, anti-corruption, compliance, and whistleblower law developments. 

Submit an Article

Copyright © 2021, Whistleblower Network News. All Rights Reserved.

This Newspaper/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this website, you understand that there is no attorney-client relationship between you and the Newspaper/Web Site publisher. The Newspaper/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

No Result
View All Result
  • Exclusives
  • Government
    • False Claims-Qui Tam
    • Federal Employees
    • Intelligence
  • Corporate
    • CFTC & Commodities
    • Dodd-Frank
    • IRS & Tax
    • SEC & Securities
  • Features
  • Legislation
  • International
    • Foreign Corruption
  • Rewards
  • Whistleblower of the Week
  • Environment & Climate
  • Opinion
  • Editorial
  • Employment
    • Sarbanes-Oxley Whistleblowers
    • Retaliation
    • OSHA
  • Media
    • Podcasts
    • Videos
    • Webinars
    • National Whistleblower Day
  • Whistleblower Poll
  • Whistleblower Resources
    • Frequently Asked Questions
    • The New Whistleblowers Handbook
  • National Whistleblower Day ’22

Copyright © 2020, Whistleblower Network News. All Rights Reserved.

Become a Whistleblower Network News Subscriber

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Subscribe to WNN

Retrieve your password

Please enter your username or email address to reset your password.

Subscribe to WNN
Get Whistleblower Network News Mail
Subscribe
Free Sign-up!
close-image

Add New Playlist

Go to mobile version