Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
I was involved in an investigation a few years ago and no wrongdoing was found. However, I later obtained documents that showed the agency lied during the investigation. I reported this to the original investigator and the IG office and GAO. Is it ethically okay for an agency to lie during an investigation?
The short answer to your question is that it is not permissible to lied during an investigation. I gather from the information you provided that there is a disagreement between you and others about whether you have actually shown a basis to investigate a lie. You have inquired and sought relief in all the right places. If these offices will not help, I do not believe you have an additional remedy.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
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We had two investigations A INFORMAL AND A fORMAL on EO here at the Joint Staff. Both investigations subtained the allegations of wrong doing by two non veteral Federal Employees bocking veterans from employment at the Pentagon.
The two non veteran members of the agency as reprisal prepared a bogus complaint and lie to the leadership stating that the individual who filed the EO complaint was disruptive and was causing loss of productivity in an effort to do defamation of character on the EO complaint filed and in an effort to intimidate the employee who filed the complaint.
This was not the case the individual was not disruptive and there was never no loss of productivity. As the agency manager a non veteran has been blocking Veterans from employment at the Joint Staff in addition missrepresented the fact to the leadership the individual was expeditiously removed from his work place and placed on detail to another agency for several months.
No one in the leadership check on the claims and validity of the managers statement but actions was taken swift and immediately to remove the employee from the agency and place him on detail.
It gives me a great concern on the lack of attention to detail by the leadership to verify the claims of the manager. The same manager that has comited perjury in her statements to the two EO investigators. The two ROI’s are currrently ending review with the EO Administrative Judge.
The moral of all this is that we no longer have the integrity in the agencies leadership not to lie during investigations and not to cover up their ineficiency and their mistakes.
If a agency manager lies during an investigation and is found that he or she lied and comited perjury then needs to be removed from his or her emloyement in our government because he or she is un trustworthy to lead any agency and to be a raw model for the staff.
Shameful process!!!!!! But it happends daily… to cover incompetence and ineficiency.