• Qui Tam
  • SEC
  • CFTC
  • FCPA
  • Whistleblower Resources
  • FAQS
Subscribe
Donate
No Result
View All Result
Whistleblower Network News
The Truth at Any Cost.
Qui Tam, Compliance and Anti-Corruption News.
SIGN THE PETITION FOR NATIONAL WHISTLEBLOWER DAY IN 2023
Whistleblower Network News
  • Qui Tam
  • SEC
  • CFTC
  • FCPA
  • Whistleblower Resources
  • FAQS
Subscribe
Donate
No Result
View All Result
Whistleblower Network News
No Result
View All Result
Home News

Whistleblower lawsuit questions attorney-client privilege

WNN StaffbyWNN Staff
August 6, 2009
in News
Reading Time: 3 mins read
Share on TwitterShare on FacebookShare on LinkedInEmail

Bookmark and Share

Richard Convertino’s Privacy Act lawsuit against the U.S. government is now addressing a question of whether a U.S. attorney can conceal his emails to his attorney sent over the government’s computers. Convertino was one of America’s top federal prosecutors. The government selected him to conduct a high-profile terrorism trial in Detroit. He lost his job after blowing the whistle on incompetence in the Bush Administration’s “war on terror.” High ranking Justice Department officials then leaked confidential information in an attempt to discredit Mr. Convertino. The government officials with access to the confidential information all submitted affidavits saying they did not leak the information.  Now one of those officials, Assistant U.S. Attorney Jonathan Tukel, is trying to block Convertino’s access to emails saved on government computers. The dispute highlights some common problems in whistleblower cases, and also suggests which U.S. government official most likely leaked Convertino’s private information and then lied in a sworn affidavit to cover up the retaliation.  Today, the Detroit News reports on the dispute. 

 

Support Whistleblower Network News

 The Detroit News focuses on Tukel’s claim that the emails stored on government computers are actually his personal emails to his attorney.  The article quotes Convertino’s attorney, Stephen M. Kohn, as saying that Tukel waived any privilege when he chose to use official government computers to send his emails.  The issue is now pending on Tukel’s motion to intervene in the case to allow him to assert his claim of privilege.

Whistleblowers often face attacks on their credibility and reputation.  Those intent on committing crimes or cutting corners on public safety usually will not stop when a whistleblower makes an initial report.  Instead, they will attack the whistleblower’s credibility, or trash the whistleblower’s reputation, to stop others from believing the whistleblower or from coming forward with additional information.  Here, the high-ranking Justice Department officials released a confidential complaint against Convertino to David Ashenfelter, a reporter for the Detroit Free Press.

I recall a similar dispute in which the government accessed my client’s attorney-client emails without ever giving my client a chance to object.  The government, through lawyers of the Justice Department, later defended itself by arguing that "there is no right to privacy in government computers. United States v. Simons, 206 F.3d 392, 398-399 (4th Cir. 2000)." 

If Tukel is successful in his motion to intervene, he may then have to contend not only with the waiver issue, but also the crime-fraud exception.  Courts will not allow persons to use the attorney-client privilege to conceal crimes or frauds.  If Tukel’s emails show that he released confidential government information without permission, or that he lied in his affidavit claiming that he was not the source, then his claim of privilege may be of no avail.

Tags: National Security
Previous Post

Government sues vest maker after whistleblower’s disclosures

Next Post

Breaking News on Protections for National Security Whistleblowers

WNN Staff

WNN Staff

Next Post

Breaking News on Protections for National Security Whistleblowers

Please login to join discussion

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

WNN Exclusive Interview with Social Security Whistleblowers Sarah Carver and Jennifer Griffith — Part 2

Change the Culture, Make National Whistleblower Day Permanent

Tell President Biden to “Finish the Job” for Whistleblowers

Whistleblower Advocates See Parallels to Enron in Silicon Valley Bank Collapse

Whistleblower Jóhannes Stefánsson Plans to Testify at Fishrot Trial in Namibia

WNN Exclusive Interview with Social Security Whistleblowers Sarah Carver and Jennifer Griffith — Part 1

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
  • Careers

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
  • Frequently Asked Questions
  • Advertise
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.

SIGN THE PETITION FOR NATIONAL WHISTLEBLOWER DAY IN 2023
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
    • Resources for Locating An Attorney
    • The New Whistleblowers Handbook
  • National Whistleblower Day ’23

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

Add New Playlist

Go to mobile version