willbeurdaddy -> RE: Whistleblower wins case. (7/29/2011 7:34:21 AM)
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ORIGINAL: Aneirin fast Reply maybe I am misunderstanding this or something, but it is my understanding that if a court of law awards a person with the monies they lost due to other's incorrect actions, that court of law is agreeing the action of witholding monies was wrong. So this woman acted on her conscience as a US tax payer and told her management what they were doing was illegal, in doing so, she got demoted and harrassed, which is basically saying bollocks to legality, do it our way, the illegal way or face the consequences. She faced the consequences and if I were a us tax payer, I would be celebrating the woman for highlighting but one abuse of the system by people who should know better. As to those who deride this woman for her actions, what is it, you like paying tax and furthermore, are quite happy for those in high places to waste it, coz, hey, there is more where that comes from for I have deep pockets for those who have brainwashed me into believing the system works. I think what youre missing is that the settlement was for the demotion as a response to her "whistleblowing". They expected to lose that end of the suit and settled for an amount they thought was equivalent to what would be awarded should they be found guilty. A settlement isnt an admission of guilt nor a finding of the court, it is "insurance" for both sides that they pay/receive a value in line with their expectations for loss/win and the expense of continuing the litigation. There was no award related to the contracts themselves being in any way improper, which is customary in US whistleblower suits when there is a finding that there was an impropriety. That this end of the suit was neither settled nor litigated means that both parties didnt think their was merit to it. Also the DoD would have a responsbility to correct the contract. They havent. As a consultant to one of the largest defense conractors in the world in the 80s/early 90s, I frequently worked with the Defense Contract Audit Agency and the Defense Logistics Agency on contracts of this nature. The DCAA and DLA are the two groups that are responsbile for ensuring that contracts are both legal and adhered to. While I havent seen the KBR contracts themselves, there is nothing in the news reports that make them sound at all unusual in their form, sole source or competitiively bid. If they were administered on an illegal basis (eg payments made that were not covered by the contract, or miscalculations of profits) then the only way there would be something worthy of a whistleblower suit would be if there were government officials complicit in making those payments knowing they were improper. Since that didnt happen, my take is that she was politically motivated in the anti-Bush/Iraq frenzy and thought she might have a case but didnt. The response to her claims was stupid and deserved to be punished.
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