Family pleads with VA employees to step forward after veteran's suicide

Family of soldier who took own life asks VA whistle-blowers to come forward
AZ Family
Lindsey Reiser
September 24, 2018

The 2016 letter specifically mentioned Castaneda, among other veterans, saying the Phoenix VA failed him by not checking on him. "He was considered such a high risk that they were supposed to be having someone check on him at his home, and apparently they weren't not checking on him all the time," Smith said.

PHOENIX (3TV/CBS 5) - Arizona's Family has been covering problems at the Phoenix VA for years. We told you in 2016, whistle-blowers wrote a letter alleging serious problems there.

Now, the family of one of the veterans mentioned in that letter is making a plea, asking those whistle-blowers to come forward to give them closure.

Three years after Army Ranger Antouine Castaneda took his own life, his mother-in-law, Margaret Smith, said they are still searching for answers. And she said her granddaughters ask questions about their dad.
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Womack Army Medical Center retaliated against whistleblowers?

Army criticized for its handling of whistleblower retaliation case at Womack
Military Times
By: Kathleen Curthoys
February 5, 2018

OSC found that a pattern of retaliatory personnel actions against Gilbert aggravated the seriousness of the hospital’s infection control problems and increased the risk to patients. Those actions were likely a deterrent to others who may be whistleblowers, the report said, and the supervisor deserved discipline for actions that violated personnel policy.

A federal agency that protects government whistleblowers criticized the Army on Monday for declining to discipline a staff member at its Fort Bragg, North Carolina, hospital after an investigation found failures in infection control that put service members and families at risk.

Whistleblower Teresa Gilbert was a board-certified infection control technician at Womack Army Medical Center who reported violations of infection control policies in early 2014 that she said presented a health and safety threat to troops and family members at the hospital.

She reported that Womack staff members failed to correct infection control deficiencies that an earlier inspection had found, including dirty and unsterilized medical equipment, according to a redacted 2017 report by the U.S. Office of Special Counsel, the independent federal agency tasked with safeguarding whistleblowers from reprisal.

A supervisor retaliated against Gilbert by restricting her access to infection control practices and patient medical records and excluding her from meetings, the OSC report said. The supervisor also cut her work hours to half days, requiring her to take four hours of leave each day and then charging her with being absent without leave for not submitting leave requests for that time, the OSC report said. In addition, Gilbert was threatened that she would be removed from the hospital unit.
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Fort Bragg Whistleblower Office Special Council Servant of the Year

Well folks we have a great update to the story Army settles Womack whistleblower case with former employee 



OSC Awards Its 2016 Public Servant of the Year 
FOR IMMEDIATE RELEASE
CONTACT: Nick Schwellenbach, (202) 254-3631; nschwellenbach@osc.gov


WASHINGTON, D.C./September 29, 2016 –
This afternoon, the U.S. Office of Special Counsel (OSC) honors Teresa Gilbert as its 2016 Public Servant of the Year. Ms. Gilbert was a civilian infection control analyst at Womack Army Medical Center in Fort Bragg, North Carolina. She disclosed violations of infection control policies and regulations that created a significant threat to the health and safety of members of the military and their families treated at Womack. Her disclosures resulted in improved hospital conditions and significant disciplinary action against senior leaders at Womack.

OSC gives its Public Servant of the Year to a federal whistleblower who has demonstrated exceptional courage in bringing to light a serious disclosure of wrongdoing. The award recognizes the whistleblower’s bravery and dedication to public service and furthers public understanding of the important role that whistleblowers play in holding government accountable.

As the hospital’s only board‐certified infection control specialist, Ms. Gilbert observed the use in operating rooms of unsterilized equipment, as well as other deficient infection control practices. She initially made her disclosures to the hospital, which failed to act. She then turned to the Joint Commission, a nonprofit that accredits hospitals. The Joint Commission confirmed that the hospital had 19 systemic deficiencies, including the lack of an infection control plan and a staff inadequately trained to perform their duties.

In response to the Commission’s findings, the Army began an internal investigation into the problems in April 2014. Ms. Gilbert provided information to Army investigators, including the actions taken against her after disclosing problems to the Commission. As a result of the Commission’s findings and the Army investigation, operations at the hospital were shut down for over a week, senior leadership was relieved of command, several managers were disciplined, and Ms. Gilbert’s second line supervisor was issued a reprimand. During the course of the investigation, Ms. Gilbert’s first line supervisor retaliated against her by cutting her work hours in half and engaging in other pretextual personnel actions, which culminated in her proposed removal.

Over much of 2014 and 2015, OSC investigated her case, finding no legitimate basis for Ms. Gilbert’s removal. In September 2015, the two sides reached a settlement on her whistleblower retaliation claim.

“Teresa Gilbert is a true hero whose efforts likely saved the lives of soldiers at the Womack Army Hospital in North Carolina,” said Special Counsel Carolyn Lerner. “When Ms. Gilbert became concerned about the unacceptable risk of infection at Womack, she refused to stand idly by and watch. Her tenacity and bravery should serve as an example for us all.”

The U.S. Office of Special Counsel (OSC) is an independent federal investigative and prosecutorial agency. Our basic authorities come from four federal statutes: The Civil Service Reform Act, the Whistleblower Protection Act, the Hatch Act, and the Uniformed Services Employment & Reemployment Rights Act (USERRA). OSC’s primary mission is to safeguard the merit system by protecting federal employees and applicants from prohibited personnel practices, especially reprisal for whistleblowing, and to serve as a safe channel for allegations of wrongdoing. For more information, please visit our website at www.osc.gov.

Whistleblower Got Justice For Soldiers and Herself

Army settles Womack whistleblower case with former employee
FayObserver
By Amanda Dolasinski Staff writer
October 27, 2015

"The Army should have focused on correcting the problems she identified, rather than retaliating against her," Lerner said in a news release. "However, in the end, the Army did the right thing by settling her claim. Ms. Gilbert's case underscores why whistleblower protections are vital."

An infection preventionist for Womack Army Medical Center who claimed the hospital retaliated against her after she went to a higher authority to report serious infection control issues has received a favorable settlement, according to a decision from federal officials.

The Army has settled a claim of reprisal with Teresa Gilbert, a former civilian employee at the hospital, after more than a year of legal wrangling. Gilbert will receive a monetary settlement and all negative information about her employment records will be removed, according to the Office of Special Counsel, which mediated the case.

A spokeswoman for Womack confirmed the settlement was signed last month.

"There has been no finding or admission of wrongdoing by either Womack Army Medical Center or any personnel," according to a statement from Womack. "Army Medicine takes seriously all concerns regarding patient safety, and the issues raised were thoroughly investigated and appropriately acted upon."

Womack said it promotes an environment for employees to report patient safety concerns.
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Courageous VA Doctor hid records to save them

Second VA doctor blows whistle on patient-care failures
USA TODAY
Dennis Wagner
May 2, 2014

Corrections and clarifications: An earlier version of this story incorrectly stated that employees thought documents were being destroyed on Sunday. Dr. Katherine Mitchell said she and a colleague feared that patient records were about to be destroyed and moved to preserve them.

(Photo: Nick Oz, The Arizona Republic) Late on Sunday night, Dr. Katherine Mitchell said she received a phone call from a fellow employee at the Phoenix VA hospital who needed advice on how to handle a sensitive situation.

Her co-worker explained that patient appointment records in the Phoenix VA Health Care System were in danger of being destroyed. But he had printed paper copies to ensure that accurate wait times for patient care would not be lost if removed from computers. The purported "secret lists," along with accusations that up to 40 Arizona veterans died awaiting care, are the subject of national controversy and investigations by Congress and the VA Inspector General.

Mitchell was a confidante with experience — nearly 16 years at the veterans hospital, first as a nurse who became supervising physician in the emergency room, then as medical director over a transition program for veterans of the Iraq and Afghanistan wars.

She said her colleague explained that the documents were likely to be deleted within a day. Aware that the House Committee on Veterans' Affairs had issued orders for the VA to preserve documents at the medical center in Phoenix, the two agreed to protect evidence.

Mitchell said she went to the medical center and walked her co-worker to VA police headquarters, where they asked officers to secure the documentation. Police declined, Mitchell said, but suggested they find a safe place to conceal the materials inside the hospital.

Twelve hours later, Mitchell said, her co-worker delivered the evidence and a statement to an investigator from the Office of the Inspector General while Mitchell visited The Arizona Republic, asserting status as a government whistle-blower.

Mitchell struggled with emotions as she described the incident, her career-threatening decision and concerns about the integrity of VA administrators.

"I had no doubts they were capable of destroying evidence, or altering evidence," she said. "So there I am, a 47-year-old doctor with two degrees, trying to figure out where to hide stuff.

"I spent my whole professional life wanting to be a VA nurse, and then a VA physician. ...(But) the insanity in the system right now needs to stop, and whatever I can do to accomplish that, I will."
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JPMorgan whistleblower gets $63.9 million in mortgage fraud deal

JPMorgan whistleblower gets $63.9 million in mortgage fraud deal
Reuters
Jonathan Stempel
March 7, 2014

(Reuters) - A whistleblower will be paid $63.9 million for providing tips that led to JPMorgan Chase and Co's agreement to pay $614 million and tighten oversight to resolve charges that it defrauded the government into insuring flawed home loans.

The payment to the whistleblower, Keith Edwards, was disclosed on Friday in a filing with the U.S. district court in Manhattan that formally ended the case.

In the February 4 settlement, JPMorgan admitted that for more than a decade it submitted thousands of mortgages for insurance by the Federal Housing Administration or the Department of Veterans Affairs that did not qualify for government guarantees.

JPMorgan also admitted that it had failed to tell the agencies that its own internal reviews had turned up problems.

The government said it ultimately had to cover millions of dollars of losses after some of the bank's loans went sour, resulting in evictions and foreclosures nationwide.

"There were a lot of bad loans made during the financial boom, and the United States taxpayer was left holding the bag through the VA and FHA loan programs," Edwards' lawyer, David Wasinger, said in a phone interview. "Hopefully the settlement sends a message to Wall Street that this conduct is not allowed, and that in the future it will be held accountable."

Edwards could not immediately be reached for comment.
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Iowa Mayor-National Guardsman blows whistle on spending

Soldier-mayor blows the whistle on war fraud
The Des Moines Register
By Kyle Munson
July 29, 2013

UNIVERSITY PARK, IOWA — Leave it to a stubborn, small-town Iowa mayor to step up and help Congress thwart fraud in its decade-long, $100 billion reconstruction of war-torn Afghanistan.

George Toubekis, an Iowa Army National Guard sergeant first class, spent most of the last year stationed in the landlocked nation.

Today he’s back home in University Park, an obscure suburban bump on the southeast side of Oskaloosa that occupies less than one square, hilly mile of Iowa soil. Toubekis, 37, is mayor here of fewer than 500 residents and oversees a modest annual budget of about $100,000.

The mini-putt golf course qualifies as a major business. The big issue is the $783,675 reconstruction of a main road that runs eight-tenths of a mile all the way across town, 80 percent of which will be federally funded.
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DOD Contractors to Get New Whistleblower Protections

DOD Contractors to Get New Whistleblower Protections
By Nick Simeone
American Forces Press Service
Press release

WASHINGTON, June 28, 2013 – Beginning July 1, whistleblowers working for Defense Department subcontractors will begin receiving protection against reprisals through a new law intended to better protect those who expose possible wrongdoing.

In addition, as part of the National Defense Authorization Act for Fiscal Year 2013, contractors who report suspected waste, fraud and abuse within their company rather than directly to the DOD inspector general also will be protected, a modification of previous laws aimed at better protecting whistleblowers working on DOD contracts.

Nilgun Tolek, who directs investigations against whistleblower reprisals for the Defense Department inspector general’s office, explained the new law to reporters yesterday at the Pentagon.

“Since internal complaints weren’t covered under the statute, those people who did make an internal hotline complaint and believed they were retaliated against had nowhere to get protection,” Tolek said, adding that the measure “brings the statute up to par with existing whistleblower protections.”

The new law will apply to all DOD contracts beginning on or after July 1, as well as to new amendments to existing contracts.

Marguerite C. Garrison, deputy inspector general for administrative investigations, said complaints about abuse from DOD subcontractors revealed the need for the new law.

“Congress has recognized that there have been some loopholes in the provisions, and that the protections didn’t expand to everyone,” she explained.

The law will provide added protection to whistleblowers from retaliation by requiring “clear and convincing evidence” that a contractor would have taken the same disciplinary action against an employee even if he or she had not come forward with an allegation of abuse, Tolek said.

NSA wiretapped Obama in 2004, proves congress is grandstanding again

Russ Tice, Bush-Era Whistleblower, Claims NSA Ordered Wiretap Of Barack Obama In 2004
The Huffington Post
By Nick Wing
Posted: 06/20/2013

Russ Tice, a former intelligence analyst who in 2005 blew the whistle on what he alleged was massive unconstitutional domestic spying across multiple agencies, claimed Wednesday that the NSA had ordered wiretaps on phones connected to then-Senate candidate Barack Obama in 2004.

Speaking on "The Boiling Frogs Show," Tice claimed the intelligence community had ordered surveillance on a wide range of groups and individuals, including high-ranking military officials, lawmakers and diplomats.

"Here's the big one ... this was in summer of 2004, one of the papers that I held in my hand was to wiretap a bunch of numbers associated with a 40-something-year-old wannabe senator for Illinois," he said. "You wouldn't happen to know where that guy lives right now would you? It's a big white house in Washington, D.C. That's who they went after, and that's the president of the United States now."
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Bank of America whistle-blower’s bombshell: “We were told to lie”

Bank of America whistle-blower’s bombshell: “We were told to lie”
Bombshell: Bank of America whistle-blowers detail horrid schemes to fleece borrowers, reward foreclosures
Salon.com
(UPDATED)
BY DAVID DAYEN
JUN 18, 2013

Bank of America’s mortgage servicing unit systematically lied to homeowners, fraudulently denied loan modifications, and paid their staff bonuses for deliberately pushing people into foreclosure: Yes, these allegations were suspected by any homeowner who ever had to deal with the bank to try to get a loan modification – but now they come from six former employees and one contractor, whose sworn statements were added last week to a civil lawsuit filed in federal court in Massachusetts.

“Bank of America’s practice is to string homeowners along with no apparent intention of providing the permanent loan modifications it promises,” said Erika Brown, one of the former employees. The damning evidence would spur a series of criminal investigations of BofA executives, if we still had a rule of law in this country for Wall Street banks.

The government’s Home Affordable Modification Program (HAMP), which gave banks cash incentives to modify loans under certain standards, was supposed to streamline the process and help up to 4 million struggling homeowners (to date, active permanent modifications number about 870,000). In reality, Bank of America used it as a tool, say these former employees, to squeeze as much money as possible out of struggling borrowers before eventually foreclosing on them. Borrowers were supposed to make three trial payments before the loan modification became permanent; in actuality, many borrowers would make payments for a year or more, only to find themselves rejected for a permanent modification, and then owing the difference between the trial modification and their original payment. Former Treasury Secretary Timothy Geithner famously described HAMP as a means to “foam the runway” for the banks, spreading out foreclosures so banks could more readily absorb them.
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Lawsuit claims unsafe working conditions in Iraq

Lawsuit claims unsafe working conditions in Iraq
By Jared Leone, Times Staff Writer
In print: Monday, September 15, 2008
TAMPA—Patricia Howard wanted to earn good money and serve her country. An Army reservist, she took a job with a Tampa-based company that dismantles explosives. She followed that company to war-torn Iraq.

Now she's suing USA Environmental in U.S. District Court, alleging its managers broke with company policy and federal law by exposing her to a hazard:

Pigeon droppings.

The 2006 lawsuit, sealed until recently under the Whistleblower Act, asks for a portion of the $120-million USA Environmental earned through a contract with the government. Under the False Claims Act, the government also could recoup 70 to 80 percent of the money.

"You had to be aware of your surroundings to be safe,'' said Howard, 39, who now lives in New York. "Going overseas to a war area, you accept that risk as well. ... The risk I did not accept was the one they felt they could expose us to."
go here for more
http://www.tampabay.com/news/military/article811060.ece