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I read the New York Times article above about the Department of Health and Human Services (HHS), Food and Drug Administration spying on their employees, eavesdropping on confidential communications and creation of a hit list.   It brought back memories of having been subjected to the same egregious treatment as a whistleblower that reported fraud, waste, abuse, mismanagement and specific dangers to public health and safety.  From 2007-2009, no one wanted to hear about how unethical the officials and their legal counsel were except the San Jose Mercury News. FEDS DIGGING INTO EHC

The spying on my every move and prohibited personnel practices were outlined in pleadings before the Merit System Protection Board (MSPB) to LuNell C. Anderson, AJ who allowed the agency to interfere with communications with members of Congress, the Inspector General and investigators working for the Equal Employment Opportunity Commission (EEOC).  LuNell allowed HHS to go so far as interfere with due process of law rights by blocking my ability to receive service of process at work, forcing me to use my own private computer for official business.  That’s one way to get the spyware placed.

I’m just one of the many HHS employees that was subjected to retaliation, receiving heinous work place hostility because officials do not want the public to know the truth.  The agency is awash with unethical employees, political appointees and contractors from the top to the bottom.  Interestingly enough, those who read pornography all day at HHS are ignored for years but whistleblowers receive focused attention to destroy their federal service career.

Now we have a closer look at the common practice of the federal agency whose mission is to protect and provide health care for all Americans and their willful acts of deliberately harming their employees, interfering with legally mandated disclosures, open investigations and falsifying personnel records.  Creating a record of trumped-up charges for discipline, demotions and removals is falsification of government records.

HHS has been caught red handed retaliating against whistleblowers to the point of inserting spyware into private property computers.  This didn’t happen overnight and it wasn’t done by one geek in a basement working alone.  It had to involve dozens of managers, numerous employees and contractors which HHS uses for information technology (IT) purposes.

What is missing from the story is how do you get this many people to agree to a conspiracy to commit crimes.  Yes, crimes because even if the agency suspected their employees were somehow misusing their work computers, according to the Human Resources Manual, Instruction 752, Discipline and Adverse Action, issued in March 2009, management was prevented from abusing it’s authority to commit prohibited personnel practices, according to federal law and by agency rule and regulation.

Indeed it appears those responsible for the illegal conduct in spying on the whistleblowers should be prosecuted for violating 5 U.S. C. 2302, waste and misuse of government property, misrepresentation, falsification, concealment of material facts with an official matter and civil rights violations.  The penalty for committing these acts is removal from federal service.

Office of Special Counsel (OSC) has the power to refer the matter for criminal prosecution against those responsible for violating a cadre of federal laws.  This would include legal counsel of HHS who were involved and approved the actions.  It would also include removal of individuals who knew of the violations of law and did not report the wrongdoing under the 14 ethical principles of federal service, posted here on the Department of Justice website.  6rqmajo

As we earlier reported, HHS has failed to file No Fear Act reports to Congress under Section 203.  It should be no surprise to anyone that this federal agency has no respect for any employment or whistleblower protection laws.  Below is the table of discipline applicable to all Operational Divisions of HHS. Perhaps one HHS employee will step forward to the OSC to provide details of what has long been an institutional cancer at the agency which must be cut out.  The current lack of ethical acumen at HHS shows management officials cannot be trusted to oversee the new health care law.  Secretary Sebelius, all eyes are watching you.

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