OSC Whistleblower

Experienced Legal Representation for Office of Special Counsel (OSC) Whistleblowers

The Office of Special Counsel (OSC) is one of several federal authorities that accepts whistleblower complaints. As the OSC is tasked specifically with addressing wrongdoing within the executive branch of the federal government, it accepts specific types of whistleblower complaints from current, former, and prospective federal employees. If you believe that you may be eligible to serve as an OSC whistleblower, our lawyers can explain everything you need to know about making a confidential disclosure. We can walk you through the OSC whistleblower process; and, if you decide to come forward, we can represent you every step of the way.

Our Attorneys Represent OSC Whistleblowers Nationwide

We represent OSC whistleblowers nationwide. Regardless of where you live, and regardless of your current federal employment status–including whether you have been affected by a reduction in force–we can help you report fraud, waste, abuse, and other forms of wrongdoing to the Office of Special Counsel. We can also help you secure the protections that are available to current, former, and prospective federal personnel; and, if necessary we can assert the protections afforded to those who face adverse actions after deciding to blow the whistle when disclosing wrongdoing is necessary for ensuring accountability.

Importantly, while reporting wrongdoing to the OSC will be the right approach in many cases, there are other options for reporting wrongdoing to the federal government as well. If contacting another federal agency or submitting a qui tam complaint in federal court is the right approach under the circumstances at hand, these are also matters that our whistleblower lawyers can handle on your behalf.

Filing a Whistleblower Complaint with the OSC

The Office of Special Counsel handles whistleblower complaints (or what the OSC refers to as “disclosures of wrongdoing”) involving statutory and regulatory violations committed either against or within the federal government. While the OSC’s primary role is to enforce federal workers’ protections against prohibited personnel practices (PPPs), it also accepts whistleblower complaints involving numerous forms of fraud, waste, abuse, and other wrongdoing. These specifically include:

• Violations of Federal Laws, Rules, and Regulations – The OSC accepts disclosures of wrongdoing involving violations of federal laws, rules, and regulations intended to promote compliance within the federal employment, contracting, and grant sectors. It also accepts complaints involving statutory and regulatory violations affecting other federal programs, initiatives, and law enforcement interests. 
• Gross Mismanagement – The OSC accepts complaints involving gross mismanagement of federal funds, contracts, grants, and programs. While “gross mismanagement” is not clearly defined, the breadth of this term invites whistleblowers to come forward in a wide range of scenarios. These include scenarios involving unsupported costs, inaccurate records or reports, financial discrepancies, lack of internal controls and auditing procedures, and other similar types of issues. 
• Gross Waste of Federal Funds – Along with complaints involving gross mismanagement, the OSC also accepts whistleblower complaints involving gross waste of federal funds. This also includes complaints involving federal personnel as well as entities and individuals in the private sector. Examples of gross waste include excessive spending, excessive travel, and awarding federal contracts to bidders with excessive pricing—among many others.
• Abuse of Authority – Abuses of authority can also take many different forms. They can also involve a wide range of issues, from nepotism in federal employment and accepting bribes in federal contracting to misusing federal data or federal funds. If you believe that you have information about any abuse of authority within the federal government, we strongly encourage you to speak with one of our attorneys about filing a whistleblower complaint with the OSC. 
• Substantial and Specific Dangers to Public Health or Safety – The OSC also accepts whistleblower complaints that involve “substantial and specific” dangers to public health or safety. Similar to “gross mismanagement,” these terms are not clearly defined. If you are aware of a federal practice or a federal contractor’s or grant recipient’s practices that are threatening public health or safety, our lawyers can determine whether you are eligible to serve as an OSC whistleblower. 
• Censorship Related to Research, Analysis, or Technical Information – Current, former, and prospective federal employees can also report censorship related to research, analysis, or technical information to the Office of Special Counsel. This includes censorship occurring within all federal departments, agencies, offices, units, and divisions.

As the Office of Special Counsel explains: “Federal law establishes a unique process for disclosures made to OSC. This process is intended to protect the confidentiality of the whistleblower and ensure that the alleged wrongdoing is investigated and, where necessary, corrected.” Rather than investigating whistleblowers’ reports of wrongdoing directly, the Office of Special Counsel, as an independent agency, has the authority to require federal agencies to “investigate and report on the disclosure[s]” submitted by OSC whistleblowers.

After an agency completes its investigation and implements any necessary corrective action, the component responsible for the issue must then submit a report for the OSC’s review. The OSC then makes a determination regarding “the completeness and apparent reasonableness of the agency report and any corrective action.” After making its determination, the OSC submits its conclusions, the original whistleblower disclosure, and the agency’s report to the President and the appropriate congressional oversight committees for further action as warranted. The OSC also publishes all documentation related to disclosures of wrongdoing online—with the whistleblower’s name redacted to keep the employee’s identity confidential.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

Protections Afforded to OSC Whistleblowers Under Federal Law

Current, former, and prospective federal employees who file disclosures of wrongdoing with the OSC are entitled to strong protections under federal law, including job restoration in the event of retaliatory actions. The Whistleblower Protection Act (WPA), Whistleblower Protection Enhancement Act (WPEA), Dr. Chris Kirkpatrick Whistleblower Protection Act, and OSC’s Reauthorization Act of 2017 work together to ensure confidentiality for OSC whistleblowers and prohibit whistleblower retaliation in the federal employment sector.

At Oberheiden P.C., we assist OSC whistleblowers not only with preparing and submitting their disclosures of wrongdoing, but also with protecting their identities and challenging any retaliatory personnel action when necessary. While your federal employer (or former or prospective employer) is unlikely to discern your identity if you come forward through the appropriate channels, if it does, you will be entitled to clear remedies–potentially through the Merit Systems Protection Board–in the event that you experience retaliation.

FAQs: Serving as an OSC Whistleblower