Trials and Tribulations

Yesterday, a federal jury ruled against POGO in the DOJ's civil case that alleged we unlawfully supplemented a government employee's salary.  This case began a decade ago when POGO shared with two government whistleblowers our lawsuit recovery that resulted from POGO’s suit against fifteen of the world's biggest oil companies.  We shared the lawsuit proceeds as a public service award for the whistleblowers' long-time efforts to expose the oil industry's ripping off the taxpayer when drilling on public land.  The DOJ's case was based on a philosophical disagreement between it and POGO about whether organizations such as ours can have whistleblowers act as shadow relators in litigation to fight government fraud.  During the trial, the DOJ argued that under no circumstances can federal employees accept an award for their work as a federal employee and that DOJ has discretion in pursuing such violations.

In case you aren't familiar with the history of the case: In June 1997, POGO and others filed a qui tam False Claims Act lawsuit against the biggest oil companies.  POGO asked two government whistleblowers to join the lawsuit (the law allows government employees to do so).  Fearing retaliation, the whistleblowers declined.  The DOJ ultimately intervened in the qui tam suit against fifteen of the companies.  In August 1998, the Mobil Oil Company settled the False Claims litigation for $45 million, of which POGO received $1.2 million.  POGO and its Board of Directors shared the settlement with the two whistleblowers for their courage in trying to hold Big Oil accountable for defrauding American taxpayers.  Ironically, during the trial, DOJ accused POGO of keeping our sharing with the whistleblowers a secret. In fact, at the time DOJ asked POGO not to hold a press conference (so we did not), and indicated no concern with our sharing with the whistleblowers.  Ultimately, the federal government recovered nearly $440 million in settlements against the major oil companies, and the Department of Interior was forced to collect oil royalties more rigorously.

The oil industry and its allies in Congress struck back, harassing POGO with invasive subpoenas, then attempting to hold POGO in contempt of Congress.  Oil-funded Members of Congress then pressured DOJ to investigate and the result was DOJ charging POGO with supplementing the income of one of the whistleblowers.

POGO continues to believe that we did the right thing in sharing the settlement, and certainly did not violate the law.  We believe that the DOJ's case mischaracterized the facts and misinterpreted the law.  In addition, the jury was not allowed to consider the fact that POGO had notified the Justice Department of our intentions before we presented a share of the lawsuit recovery as a public service award; nor the fact that oil industry-funded Members of Congress wrote to DOJ demanding an investigation of POGO; nor was POGO allowed to explain our intent in sharing with the whistleblowers.  POGO plans to present additional arguments to the Court related to the assessment of civil damages.  Further, we are considering an appeal.

So this morning, we had to laugh when we opened the Washington Post Express: There before us was a half-page ad for the Partnership for Public Service "Service to America Medals" award for "extraordinary federal employees" and each award is accompanied by a cash prize from $3,000 to $10,000.  The ad asks readers to "Honor America's Unsung Heroes. Nominate a fed who is doing remarkable work for a Service to America Medal."

Hmmm.  We love this idea, and are glad the Partnership is doing this, but why has DOJ spent ten years harassing POGO for doing essentially the same thing?  Could it be that DOJ is more comfortable with awards that are sponsored by such government contractors as CH2MHill and Acquisition Solutions, and, drum roll please--CHEVRON--than when it is the work of POGO and whistleblowers?

At any rate, all of us at POGO would like to thank all of our friends who sent emails, calls, and even a few notes cheering us on during this pretty grueling process.  We've been touched by those who have encouraged us to stand up against the government's harassment.  This case has taken its toll on us.  But, to quote Kanye West's take on the old adage "...that that don’t kill me, can only make me stronger..."  We couldn't agree more.  Now, we at POGO can get back to work full-steam.

-- Danielle Brian

Editor's Note: After hearing from our friends at the Partnership for Public Service, they asked us to clarify that we were not suggesting there is anything wrong with their Service to America medals awards program.  They tell us it operates pursuant to a well-recognized exception to the general ban on gifts to federal employees for bona fide awards programs.  And they wanted people to know that the Office of Government Ethics blessed the program without knowing who the corporate sponsors were.  As I said in the original post, we love this idea and we are glad the Partnership is doing this.  If you want to nominate a federal employee for outstanding achievement, go to www.servicetoamericamedals.org.

Comments

[Havard]

Follow the $$$, some gift:
1) joint sharing agreement in Texas( W Johnson good old boy ESQUIRES)
2) POGO never testifed in court, Berman was not a qui tam plaintiff
3) Mobil Oil dumps money into DOJ coffers.
4) DOJ cuts up a tiny bit, & sends to the "good old boys" in Texas.
5) Good old boys in Texas send a small % to POGO in DC, and the Mormon's Congressman's son(so CALLED POGO ESQ) says in effect, ya sure drop it in the suckers lap. (in effect, and seeing the whole of how came down, in teh BIG PIC)

Bingo: The tar and featehrs spring out, oozing out, and the trap was set.

Long Cubin Hearings, screaming bloody murder, grand jury proceedings.
and a civil case lodged against POGO & Berman.

Please don't compare Berman to other federal employees, they are not as utterly stupid and so naive as R B, it is hard to believe Berman is an E-CON -O- mist at DOI DC.., he was clueless as to what hit him, and seems to not know how stuff works in the world--in Texas.
POGO did not take money out of its 501(C)(3) kitty(FOR ANY GIFT), it was merely on the end of the DOJ Daisy chain, drip down $$ to sping some $$$ on Berman, and Berman was no qui tam plaintiff, POGO should stop spreading that bull...
The Court in Texas apparently knew what POGO was, and it allowed grand jury stuff to seep into civil proceedings in Tex, which was odd.
The good old boys in Texas took POGO for quite a ride, why don't POGO start using the truth to tell how it got taken for a ride, many know POGO is not the GRAND Master in Court rooms in America fighting for some lowy federal employee.
So, why don't POGO just be flat out candid and tell how it got snookered, taken for a ride, and duped, and its SONNY BOY Mormon Esq(the Congressmen's sons) put it in a heap of trouble, that grueling ordeal, that keeps on going on and on, and it must be driving Berman over the edge how he got snookered, really rolled, his attorneys have charged him what ? No kidding... Are they cluless too ?
You mean the Morman Sonny Boys are not his stand up ESQUIRE on the long ordeals.. Really

[Lars]

I wonder if it is possilbe that the DOJ rigged it to set up POGO, in that Texas matter, knowing POGO is a major follower of corruption in oil matters, as if some retaliation thing.
It is ironic, some in the DOI, or DOJ don't want others speaking to federal employees to learn about corruption in federal programs.
POGO does a wonderful job of seeing to provide information on matters so they is some degree of sunshine.
Cubin is the one who was pushing to undermine accountability, and she apparently did not want POGO seeking out information from federal employees, so if there is corruption in a federal agnecy exposing federal employees to hostile work conditions, then Cubin and her clique just upped the danger factor. Will this only make POGO more determined to find the truth ? Lets hope so.
Jurisdictional bars were put in the 1986 False Claims Act to undermine persons from pursuing fraud.
Hopefully, POGO will seek to have a real Lincoln Law restored--it had no jurisdictional bars, NONE.

[ROG]

The POGO process of extended grueling was set in motion by the attorney it hooked up with in Texas where it was a qui tam, launched by the sons of the Mormon Congressman.
And, how much money did he(Esq--Lon/ RON) walk away with--in Utah, and Texas. can you let the public know ?
Did he take you all for a ride, or what ?
Not exactly a big trial in court on the qui tam matter, he just offered you all up to Cubin, & to the DOJ and, was it a gift to the DOJ
tricksters, you just never saw the real train track you must have been put on, huh.. ?
Not like POGO was an experience litigator, in the pits of the Courts fighting large corporations for so many years.
On the one POGO so called qui tam, POGO was set up, taking for a ride, and that Berman guy was left twisting in the wind, hung out to dry.
But, that was all before crude busted over $ 50 per barrel, now wan't it ?
You mean you thought a qui tam was some go file a piece of paper at the clerk's office, and the next day you get a check for 100,000's of dollars, and that then can be laundered in some "gift".
And, the guy you dropped the "gift" on, must really know his crude prices, SKY rocket city, huh.
He never testifed in any qui tam action in Texas, either.
He was the poster boy for Cubin to rail at, and beat up, and spit on.
Did he spend all thet gift money on attorney fees by now ?
What did you call the POGO "gift", the HOPE Diamond ?
Mr Berman sure got some ride, taken to the cleaners---some GIFT.
Or was it a gift in name only, obscuring something far different.

[Axel]

Dear POGO, 2/12/2008

As your Article mentions Whistleblowers, please allow me to re-mention my gratitude, appreciation and encouragement for your continued success within your many superb and excellent painstaking endeavors and accomplishments at POGO. Also, thank you for posting my 2/12/2008 4:17:16 PM response from my hurried frustrated imnpropmtu earlier 2/12/2008 4:17:31 PM blog comment reply.

Again, good luck and best wishes POGO in your continued endeavors.

Thank you and all for your time and considration.

Sincerely,
Axel

[Beth Wellington]

Which members of Congress wrote DOJ?

[Scott Tisthammer]

The US government is no longer of the people, for the people, or by the people. Terrorist have won the war & We the People are now POWs in our own country with dictators, Dubya & Cheney in control of Congress & the Senate through executive privilege. Take down the flag & tear up the constituon. It's in the history books.

I did not read your Article in my above reply. I am not an Attorney although a proper Court and DOJ should have brought this to the Court attention as apparently the law may provide for Employee compensation. Good luck with your appeal endeavors and with hopefully the corrective and/or disiplinary action against any DOJ Attorneys and or Court Members, et all.

Again, please note that the the Honorable Appeals Court Justice and former promising candidate to our US Supreme Court, the Honorable Judith Dent spoke at Harvard law School Federal Society, approximately 10,000 members approximatetly 5 or more years ago and stated in part and from memory, "Our legal system is corrupt almost beyond recognition......The reason this has come about is because what is politically expedient is routinely sacrificed to what is moraly right.... the reason this has come about is because our country has decended to nihilism'.

Good luck and best wishes POGO in your continued endeavors.

I do not agree. Also, in a proper and forthright Democracy with Proper and forthright Education, lifestyle and a host of other proper and forthright and reasonable upbringing and with reasonable common sense with democratic values and with reasonable and/or good nature nature and with food, shelter and clothing would most likely put a reasonable person to not have to be confronted with the implication of getting killed to learn or become stronger.