Endorsements and Testimonials

"No Fear Act" reporting and accountability requirements mandate that, more than ever, discrimination and whistleblower reprisal allegations will be closely scrutinized for discipline of the accused manager.

FEDS wishes to thanks those people who have offered testimonials. These personal accounts of experience with professional liability exposure can assist in determining your own potential vulnerabilities and needs.

“In my nearly 30 years as an attorney in and around the federal employee community, I have seen many employees, including managers and executives, unjustly treated and wrongfully accused of misconduct. Considering this, I cannot imagine any federal employee not having professional liability benefits – especially a supervisor or a worker in law enforcement or homeland security. Federal employees today simply cannot have a career without having someone complain in some fashion at some time. Whether it’s an EEO complaint, an allegation of wrongdoing, whistle blower or other reprisal or even some complaint from the public, a federal employee’s job and livelihood could be unfairly at risk. A professional liability policy is the best way for federal employees to be able to do their jobs and also sleep well at night, knowing they are protected and can defend themselves if a claim is filed. The staff at FEDS has shown a commitment to federal employees and I am sure that anyone who purchases professional liability protection with the FEDS association will be well served in the unfortunate event that he or she runs into problems at work. It is a great product and the people at FEDS truly understand and care about the federal community.”
-- William L. Bransford
Managing Partner

Shaw, Bransford & Roth, P.C.

“‘Big cases, big problems. Little cases, little problems. No cases, no problems.’ If you are a federal law enforcement official, you have heard this anecdotal expression often enough to know that it contains more than a kernel of truth. In my experience, it is often the most aggressive, most productive and most capable agents who get ground up in the disciplinary machinery of their respective law enforcement agencies. And when that happens, you may be shocked to learn two things: the first is that you are now in an adversarial relationship with the Agency that once embraced you as a member of its family; and second, you may find that your exemplary record of performance and achievement may not count for as much as you think.

When the shock you will invariably experience when confronted with the potential loss of your career subsides, hopefully you will find solace in the fact that at some point in your career you had the foresight to purchase a professional liability policy, which in turn will provide you with the caliber of legal advice necessary to defend against the charges and salvage your career. I have represented hundreds of federal law enforcement officials in my career. The best advice that I have given any of them is to purchase a professional liability policy in anticipation of that dark day when they might need it. Unless you are one of those rare “no cases, no problems,” agents, you simply cannot afford not to.”
-- Thomas G. Roth

Law Offices of Thomas G. Roth

“Anthony Vergnetti defended me against a number of false allegations that were the result of political pressure placed against numerous high ranking officials in the US Forest Service. From the moment of his first phone call, which came promptly on the heals of my first phone call to my then professional liability insurer, Mr. Vergnetti provided excellent and compassionate counsel. He brings extensive knowledge to the administrative arena from a legal perspective, as well as from the position of a teaching professional from whom the administrative law profession seek training. He has a broad view of assistance to his clients, and has generously supported others with advice and counsel during some of the most difficult periods in their professional firefighting careers. Because of his perspective that he was there to protect me, his client, from all sources in a contentious, complicated, and often unreasonable legal/political environment I was reassured, as was my family, friends, and coworkers that we were all in very capable hands.”
-- Pete Soderquist
District Fire Management Officer, USFS, Retired

“I consider professional liability insurance a must for federal attorneys and other senior officials. In my 22 years with the Navy General Counsel’s Office, I regularly advised my clients to purchase professional liability insurance coverage and had such a policy myself. In my experience, the potential liability senior officials face is not so much the risk of a Bivens-type judgment, but the extraordinary cost of legal representation to defend civil suits, allegations of misconduct, or unfounded ethics complaints. As an attorney, you have no choice but to protect your professional reputation. Professional liability insurance assures that your personal savings and childrens’ college funds will not be depleted defending vindictive and baseless allegations. As the Navy’s Assistant General Counsel and as Mobilization Assistant to the Air Force TJAG, I consistently advised my clients to protect their assets and their families’ assets with professional liability insurance coverage. FEDS provides an excellent policy that is tailored to the needs and potential exposure of federal attorneys and other senior officials.”
-- Joseph Lynch
Former Assistant General Counsel, U.S. Navy

Retired Major General, U.S. Air Force

“I served as a federal prosecutor with the Department of Justice for 14 years and for the past 11 years, I have headed up a boutique criminal defense law firm in Washington, D.C.. Over the years, I have defended dozens of federal officials and employees who have become the subjects or targets of criminal investigations. The vast majority of federal employees I have represented were honest, upstanding, and dedicated civil servants who committed no crime, but rather were the victims of overzealous investigators and prosecutors. Not surprisingly, the first reaction of these clients almost uniformly is: “I can’t believe that this is happening to me.” They find themselves in a situation where their careers, livelihoods, and financial security are in jeopardy. It is frightening.

I have also seen how injecting experienced, knowledgeable and aggressive defense counsel into these situations can make all the difference to these individuals. In many of our cases, we were able to convince prosecutors to decline any type of prosecution or dismiss charges. Moreover, in law, as in any other profession, you generally get what you pay for and the legal costs for the best lawyers is almost prohibitive today.

All federal employees need the protection and the sense of security that a professional liability policy provides. I had such a policy myself when I was a supervisor in the Department of Justice, knowing that I might be the target of someone’s misguided allegations. I have worked with Anthony Vergnetti for a number of years in defending federal employees. He knows and understands what can happen to a federal employee accused of wrongdoing. He and his staff at FEDS are concerned about the individual and want all federal employees to have the protection they need. I encourage all federal employees to protect themselves and invest in a professional liability policy. It is a small price to pay in exchange for the protection and security it can provide you.”
-- David Schertler
Managing Partner

Schertler & Onorato, LLP

“I first heard of Professional Liability Insurance in the early-1980s from several co-workers. As a District Ranger then for the U.S. Forest Service, I was advised to get this insurance; however, I could not justify it, believing instead that I would always be protected by my agency. I continued to hold that belief until 2001 when I was Fire Management Officer for the Okanogan and Wenatchee National Forests. A fatal wild fire changed many lives that year. By this time, I had obtained a Professional Liability policy; however, I still thought I would never use it.

Following the various investigations, I was proposed for discipline. Three charges and eight specifications were asserted that shocked me. I began to see my agency in a very different light. My professional liability policy secured me very competent legal representation from Shaw, Bransford, Veilleux, and Roth. At the conclusion of the administrative process, one charge and six specifications could not be supported by the Regional Forester. I credit this in large part to solid legal representation.

Later on I was required to testify in a product liability lawsuit involving Thirtymile Fire and since this litigation did not involve the government, I was not represented by the United States Attorney. Once again, my professional liability policy was called upon to provide me personal legal counsel. This was essential due to the United States Attorney’s investigation into the criminal aspects of the Thirtymile Fire.

A few months later I was issued a separate subpoena to testify in a civil case against the U.S. Government resulting from the Thirtymile Fire. Once more, I was provided excellent legal counsel through my liability protection. When the final bill was rung up, my legal fees were well in excess of $50,000.

Given the paradigm shift that has occurred within the U.S. Forest Service to discipline employees involved with fatal fires along with the statute requiring Office of the Inspector General involvement in specific investigations, I strongly recommend all wildland firefighters and managers obtain Professional Liability Benefits from FEDS. I personally know the founder of FEDS, Tony Vergnetti, and he truly cares about federal employees. He demonstrated that many times over to me. Please don’t let another day go by without having Professional Liability protection. It is very affordable and will bring you peace of mind that you cannot otherwise buy.”
-- G. Elton Thomas
Retired Forest Fire Management Officer

U.S. Forest Service

“I have been representing federal employees and officials for over 18 years. The past 10 years of my practice has been spent with a focus on defending federal law enforcement officers and employees in various investigations, disciplinary proceedings, and at DOJ’s request in Bivens suits. The work of federal law enforcement took a sharp and marked turn post 9/11 into the realm of our national security. No doubt federal law enforcement activities pre 9/11 were complicated, dangerous, and subject to all forms of scrutiny. The post 9/11 landscape has taken the work and scrutiny of federal law enforcement to a whole new place, making it unlikely anymore to complete a career in law enforcement without having to answer to an allegation of wrongdoing. While the type of allegation may vary from your use of the GOV, loss of a weapon, treatment of a witness or source, information on a travel voucher, to something as serious as your handling of a law enforcement operation, what remains constant is the new post 9/11 level of scrutiny you will be subject to by your agency when the allegation surfaces. I have seen first-hand in my representation of hundreds of law enforcement officials how having experienced, tenacious, and objective legal counsel has saved a career even in cases of what you think is a “minor” matter. Having objective and experienced legal counsel to deal with federal matters is simply cost prohibitive. Its remarkable to be able to purchase through an insurance policy that kind of protection as well as the protection for payments of personal judgments if you are sued. If you are engaged in any law enforcement or homeland security function, you have to ask yourself if you are willing to gamble your life savings when you can so readily purchase an affordable safety net.”
-- Debra L. Roth on Federal Law Enforcement
Partner

Shaw, Bransford and Roth, P.C.

“Why would a federal attorney have a need for professional liability insurance? It’s not like an attorney in private practice who buys insurance to protect against malpractice claims. But malpractice claims are not the only challenge that can be made to an attorney’s rendering of professional services.

For example, there’s the Bar complaint asserting some type of ethical wrongdoing, a process from which government attorneys are not immune. For federal attorneys in regulatory agencies, public and congressional scrutiny is a given. And if you’ve worked in government for at least a few years, you’ve seen that this scrutiny can lead to internal investigations into complaints from the public and congressional inquiries or investigations if the matter gains political interest. Just ask an SEC attorney who works in the post-Maddoff SEC workplace. If you’re a DOJ attorney, then allegations of professional misconduct such as an alleged Brady violation, a failure to disclose a conflict of interest, or a misrepresentation in a pleading are all subject to rigorous investigation by DOJ’s Office of Professional Responsibility.

And for AUSA’s, there is the added risk of being sued personally for prosecutorial decisions and by prisoners. Although most personal suits against AUSA’s are routinely dismissed by motion, there are the occasional suits in the post 9/11 theater that present more unique or complicated facts and claims that are not summarily dismissed. And frankly, there is nothing “routine” about an OPR investigation or Bar complaint.

In my 20 years representing federal employees, I have represented many federal attorneys and AUSA’s, all of whom have commented on the peace of mind and satisfaction they experienced by having the objectivity, focus, and clarity of private counsel through one of these processes.

The professional liability insurance offered by FEDS essentially offers federal attorneys the benefits that attorneys in private practice obtain from malpractice and general liability insurance policies. For a fraction of what private malpractice insurance costs, FEDS provides legal defense counsel and judgment protection from suits.

If attorneys in private practice carry these protections, and your jobs involve the use of power and authority unique to the federal government, all of which makes you more vulnerable to allegations of ethical or professional misconduct, then you have to ask yourself why you wouldn't protect yourself too.
”
-- Debra L. Roth on Federal Attorneys
Partner

Shaw, Bransford & Roth, P.C.

“The legal landscape associated with wildland firefighter may have forever changed after the Thirty Mile Fire tragedy in the Summer of 2001. I know this having represented fire management officials involved in the Thirty Mile, Cramer, and Esperanza tragedies. Federal law passed one year after Thirty Mile now requires the Department of Agriculture Office of Inspector General to investigate any fatality of a Forest Service employee due to an entrapment or burnover. An IG investigation means criminal investigators conducting criminal investigations, and has resulted in the brining of criminal charges (involuntary manslaughter and false statements made in federal investigations) against the lower level Forest Service employees involved in Thirty Mile and Cramer fires. Before this law passed, who would have ever thought that you could go to prison for doing your job –fighting fire? It's a whole new set of rules.

At the same time as a federal criminal investigation was ongoing, all Forest Service employees in Thirty Mile and Cramer Fires had to deal with a Forest Service Accident Investigation, an OSHA investigation, and administrative disciplinary proceedings. The legal complexities of being subject to a federal criminal investigation while these other investigations and disciplinary proceedings are also underway is truly remarkable. No one can ever fully prepare for these tragedies, but having professional liability insurance (which meant having legal counsel experienced in the array of federal investigations and proceedings) made a world of difference. It saved my clients from prosecution and then saved their jobs. Having to effectively defend yourself in these various concurrent investigations and disciplinary actions is outright cost prohibitive for any federal employee. Nothing could be more critical to preserving your career, livelihood, freedom from prosecution than knowledgeable, tenacious, and experienced counsel. If you are engaged in wildland firefighting, you have to ask yourself in the post-Thirty Mile legal realm if you are willing to gamble your life savings, your job, and the risk of prosecution, when you can so readily purchase an affordable safety net such as professional liability insurance.”
-- Debra L. Roth on Wildland Firefighters
Partner

Shaw, Bransford & Roth, P.C.

“In today’s challenging workplace, Federal managers confront a wide array of decisions requiring split-second responses in a “do more with less” environment. The purchase of professional liability coverage, as offered by FEDS, can provide those managers with a safety net should their decisions lead to forms of legal review. I recommend any manager with the potential of such review to secure a policy of this type for their financial protection.”
-- Darryl Perkinson
Immediate Past National President

Federal Managers Association

“I served in the federal government for over 41 consecutive years and retired just this past July (2007). Up until the final six months of my career, I had never thought I would be close to needing professional liability insurance. My mindset was “I’ll never need it, especially when I am so close to retirement and having enjoyed a wonderful, unblemished, long career.” Even though the expense of professional protection was minimal, especially in comparison to the other kinds of personal insurance premiums I was paying, simply stated (due to my upcoming retirement and long-standing record of accomplishments), I felt “bullet proof.” Unfortunately, I was very wrong. I got involved in a work related scenario wherein I had to spend a small fortune of my own money to hire a world class

Washington D.C. law firm and protect myself. The fees I paid out of my own pocket would have been covered by a quality professional liability insurance policy, if I had one. In retrospect, it was unquestionably dumb to not obtain the kind of coverage offered Federal Employee Defense Services, Inc. when it first became available to me. Furthermore, through personal experience, I can state unequivocally that the people at FEDS have great integrity and they understand the professional liability needs of federal employees. To be sure, I will never be vulnerable and without professional liability protection again.”
-- Dennie Lawson
Retired Federal Employee, FAA

“In addition to administrative and criminal actions, there is another area that the FEDS policy protects—that is civil rights liability, otherwise known as Bivens claims. The United States Supreme Court has held that federal employees (and civilians in certain circumstances) can be sued for alleged violations of the United States Constitution. This is the federal counterpart to section 1983 actions against state actors. In most cases, the DOJ or the applicable federal agency will represent their employees in these lawsuits. Unfortunately, this is not always the case.

In the past, we have represented agents of the ATF, INS, ICE, FBI, DEA, and EPA in actions where the plaintiffs accused individual agents of violating assorted provisions of the United States Constitution. These lawsuits run the gamut from invasion of privacy to unlawful searches to the unreasonable use of force to violations of religious freedom under the First Amendment. In suits where a federal employee is not afforded a government lawyer, the FEDS policy will provide representation by counsel familiar with this type of litigation for covered claims. Civil rights litigation is significantly different from many other areas of the law and, due to its unique characteristics, federal employees are well served retaining a lawyer who knows how to defend these cases. In the event a federal employee finds himself or herself without government representation, FEDS will assign the case to a knowledgeable lawyer who will aggressively defend the employee. Moreover, as noted above, legal costs are increasing along with other areas of the economy. It is an unfortunate truth that many individuals cannot afford to retain the caliber of attorney necessary to defend these types of cases. We wholeheartedly agree that the people at FEDS fully understands the devastating financial effect that these lawsuits can have in the everyday lives of federal employees. We join in the other testimonials and encourage all federal employees to invest in a professional liability policy so that they can relax in the knowledge that they are protected should they find themselves a defendant in a civil rights action.”
-- Marvin C. Moos and A. David Carlson
Partners

Ebanks, Smith & Carlson, L.L.P.

“I first learned of professional liability insurance coverage at a retirement seminar I attended in 1997. The recommendation was that anyone who was a supervisor should obtain coverage to protect their assets and retirement from lawsuits brought against you personally so I bought my first coverage that year and kept it up until my retirement from the U.S. Forest Service in March 2007. I had always been very confident of my professional skills and was quite sure that my agency would defend me if there ever was a situation that resulted in me being personally named in a legal action, and the thought of disciplinary action against me never crossed my mind. However, as I observed my agency respond to such tragedies as the Thirtymile and Cramer Fires, I quickly learned differently. When my agency investigated these fires and other similar accidents, my opinion was that the focus was to assess blame and hold employees accountability in order to protect the perceived integrity and reputation of the organization and its upper management, as well as to appease outside stakeholders such as the media and Congress. In these situations, you, as a federal employee, may find that you are completely on your own to protect your professional and personal livelihood. Such a situation did happen to me personally and if it were not for outstanding legal representation provided by my professional liability provider, I am not so sure the results would have been as positive as it was in the end. In today's murky legal environment, a government employee, supervisor or not, absolutely should maintain outside professional liability coverage.”
-- Rick Hafenfeld
Retired Regional Aviation Officer (Region 1)

U.S. Forest Service

“As an FFDO that flies for a major express cargo carrier, I recommend that if you are an FFDO, you obtain some form of Professional Liability Insurance. In this regard, I highly recommend that you seriously consider the Professional Liability Insurance that was developed specifically for FFDO's in coordination with Federal Employee Defense Services (FEDS).

Several pilot organizations worked with FEDS to develop a PLI program specifically to meet the needs of FFDOs. The FEDS policy was written, developed and implemented to cover the serious liability concerns that were identified by FFDO’s at American, UPS, Fedex, United, Delta and other airlines. Notwithstanding the liability protection afforded to FFDOs under the APATA and FTCA, FFDOs are still vulnerable for lawsuits and administrative actions—even when we are complying with the SOP. Given the amount of time we spend with our weapon, this liability protection is significant—it protects our personal and professional livelihood.

The liability insurance offered by FEDS is the same one that is currently in place and being used by federal law enforcement officers at the FBI, ATF, Secret Service, ICE, TSA and other federal law enforcement agencies. As we have seen and heard, when an incident occurs, FFDOs can be largely on their own for protection, both officially and unofficially. You can protect yourself with this policy because it ensures that you have financial and legal protection if an incident occurs.”
-- Federal Flight Deck Officer

“During the last 10 years of my career, I have observed or witnessed numerous investigations or reviews on serious accidents or fatalities. We have all watched well meaning actions with sometimes tragic results in the world of firefighting. While these events are truly tragic and life-changing, the liability and legal aftermath is even more life changing; and with potential criminal, civil or career implications.

The need for PLI is real. Within the last 3 years, I have witnessed many firefighters and managers finding themselves involved in various serious accident or fatality investigations. What is most disturbing is that the majority of the folks involved with these "unplanned, never happen to me events", do not have PLI! The reasons are highly varied and usually center around the concept it will never happen to me or the cost is too high.

Unfortunately, I have personally witnessed the stress and anxiety experienced by friends, co-workers and other firefighters who find themselves thrust into this arena without PLI.

Fact: If you are involved with Forest Service serious accident or fatality, a 2009 Chief's Memo has declared that the Forest Service Law Enforcement and Investigations (LE&I) branch is in charge of the investigation. So, a serious accident or fatality undergoes scrutiny for potential negligence or misconduct, before any other investigation occurs. An unwitting or innocent statement made at that initial time, could actually turn into a violation of your Fifth Amendment Rights.

Fact: A fatality will automatically result in numerous investigations: Forest Service LE&I, FS Serious Accident Investigation Team, OSHA (Fed), and Office of Inspector General (OIG). All are theoretically independent investigations. It gets even more complicated if the event involves multiple agencies -- federal or state.

Fact: The Federal Government has the option of whether or not it will defend you. The Department of Justice (DoJ) may or may not defend you, despite claims of being "within the scope of your duties". And, in some cases, DoJ cannot represent you because it is conducting a parallel investigation possibly against you.

Fact: Most employees do not understand "Kalkines Warnings" or "Garrity Warnings". If these terms mean nothing to you, then you need to know what they mean! The criminal investigators certainly do! And accident investigators may or may not understand them, or possibly misrepresent their implications.

Rule 1 of self protection: DO NOT PRACTICE LAW WITHOUT A LICENSE. FEDS has amassed a tremendous skill set in terms of today's litigious world, specifically with regard to wildland firefighting.

PLI is cost effective! With or without reimbursement for 50% of the cost, it is truly a Best Buy. Depending on how you file taxes, it may also be considered tax deductible as well. It is less than 5 to 10 hours of overtime.”
-- Michael J. Dietrich
US Forest Fire Management Officer - Retired

“For more than twenty years at the Justice Department, I was involved in the defense of lawsuits brought personally against federal employees. Almost always, the matter involved a public servant conscientiously and in good faith carrying out the legitimate and authorized business of the United States.

This did not prevent plaintiffs from personally attacking the federal employee in court for a variety of motives. The suit would put at risk the personal assets, the reputation, and sometimes, the career of the federal worker. Justice Department representation, although normally provided in a civil case, was not guaranteed and no assurance of indemnity was available in the event of a final adverse judgment. The emotional toll that this exposure often took on the federal defendant was an unhappy reality of federal public service.

The possession of personal liability insurance is one way to protect from liability and the cost of defense in both a civil and criminal matter. It goes a long way toward relieving the anxiety of facing that “worst case scenario”; always possible if usually unlikely. FEDS is the best policy available. Its staff also understands the reality of this unique and threatening kind of litigation and is in the best position to provide meaningful assistance. ”
-- John Euler, Esq.
Fmr. Deputy Director, Torts Branch, Civil Division

U.S. Department of Justice

	“FEDS is ready to protect you should one of your decisions lead to a situation where your career or personal assets could be at risk. This does happen - to good managers - and that is why your agency will pay up half of the premium. CALL FEDS TODAY - it is an important decision you won't regret.” -- Patricia Niehaus National President
	Federal Managers Association

“

Allow me to spend a moment of your time discussing my personal case. If you remember the public spectacle that Congress put on regarding IRS abuse back in 2000, you may remember that several Collection Senior Managers were charged and or investigated for actions that resulted in alleged Taxpayer Abuse.(Headline News for the Wallstreet Journal) After the millions spent in reviewing cases, interviewing taxpayers and employees hidden behind screens, the overall finding was 3 horrible cases where taxpayers accounts were lost in an extremely antiquated set of computer “systems”. Although NO abuse or unprofessional behavior was found, (Wallstreet Journal, a year or so later, somewhere around page 18), this politically staged circus ended with procedural changes, and some drastically needed funding toward improvement of the computer systems. It also created and reinforced protections for taxpayer rights and funded several additional watchdog organizations.

That said, not many people wondered or cared what happened to those Collection managers who were under “investigation”. Those dedicated individuals that were negatively impacted by all that went on. (Collateral Damage) After over 30 years with the IRS, 25 of which were in the Collection function, and one of the 13 under investigation, I can truly say the difference in treatment I received as a Senior Manager was “politically” driven. (I guess it was deemed in the "interest of the United States" to be investigated by DOJ) By the time my case was before the Grand Jury, most of my peers had been cleared. There were no cases including my own, of Senior Managers demanding their employees suck the life and last dollar from their taxpayers. It no longer mattered whether I was considered to be taking actions “well within my job duties” but appeared they were looking to provide congress with their token wrongdoer or maybe just for something else. I was never informed of what I was being investigated for or accused of.

Professional Liability Insurance, I did not have it. I thought, as did many of the managers I worked with, that the IRS would cover me as long as I acted within the scope of my employment and direction from my leaders. Thank goodness I did belong to the Professional Managers Association as they provided me with free initial counseling, and names of Attorneys to consider. The agency who directed me in my actions took 10 steps back and basically left me hanging out there on my own…. I was “black listed” and removed from several programs I was involved with, removed from the best qualified list for an Executive Development program, and it cost me thousands of out of pocket dollars to secure representation that I thought I could afford. I was under investigation for 2 ½ years. [Although an outside governmental contractor that wrote an article dismissing the need for PLI and] and claimed to have “never” known where an employee was denied an attorney during an IG interview, I was denied the right to have an attorney present during my Treasury Inspector General for Tax Administration (TIGTA) interview, and as a result I refused to sign the waiver of my rights. I was then given the Miranda warning and ultimately my case went to the Grand Jury. Later the Grand Jury, after interviewing all my direct reports, and a slew of documents (some more than once) dropped the case. It should be noted that the IRS would not give me permission to share those same documents with my attorney. I had to purchase a photocopy machine, and copy and redact all the documentation, on my own time. It took the IRS five months after the closing of the case by the Grand Jury to provide me with a closed without action letter. Note: this was not a Clearance Letter. The IRS attorney who was representing the “Governments interest” said the Service would only provide “clearance” if that was what the Grand Jury determined.

So after this long story, what would have been the difference had I had Professional Liability Insurance? I believe many things would have been different. Those of my peers whose cases closed early had PLI and early attention by Legal Counsel. I learned that having an attorney to advise you of your legal rights and your obligations in the investigative process, the powers of the investigator, whether the investigation could result in criminal charges, and the parameters of the law under which you've been accused are critical to the expediency of the case. As I mentioned I still do not know what I was actually accused of. [Contrary to the outside governmental contractor author who penned the article dismissing the need for PLI], I am also aware of several [other] front line managers and senior managers who were dead certain they'd done nothing wrong and relied on the agency to support them. Many of them ultimately lost everything - their jobs, and homes (leveraged to pay for their attorneys). One group manager came to me for advice because he was turned into TIGTA for not authorizing an employee to take enforcement action against an “alleged friend”. TIGTA “shopped” DOJ attorneys until they found one out of state who would take the case. My first question was DO You Have Professional Liability Insurance? He did not. And by the way, after losing all, his case was later thrown out by the Judge.

Had I had PLI, I would have had counsel earlier in the game and been able to afford an attorney who specialized in these types of cases. And lastly although I survived the ordeal, and eventually paid off my debts with regard to attorney costs, the stress of the process produced ulcers and unnecessary strain on my marriage. Not to say the least of lost credibility on the job. So, now I have become the poster child for PLI and have more than my own story to tell about its need. And not just for Collection managers, but anyone who Manages in a Federal Organization.

I have survived and am a few years from retirement, but the true downside is that I have lost my respect for most of the leadership in the organization and the love and pride in working for the IRS. Even though I feel I have continued to be fully engaged and supported my managers and programs, I have come to consider this a Job and not a Career. That motivation and confidence was lost.

”
-- Catherine Lunderville
IRS Manager

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