Vindication: FBI Whistleblowers Reach Long Overdue Settlements With DOJ
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It’s been an interminably long slog, but all 10 longstanding FBI whistleblower disputes being handled by Empower Oversight have now been resolved with the Department of Justice. The firm announced the welcome resolution on X and shared a letter addressed to Senate Judiciary Chair Chuck Grassley (R-IA) regarding the settlements. 

WASHINGTON – Empower Oversight is applauding the historic resolution of eight whistleblower retaliation cases, which now resolves all 10 longstanding client disputes with the FBI, as outlined in the organization’s March 5 letter to the FBI General Counsel. The settlements represent more than 12 years of suspended days corrected by these agreements.

“For each of these cases where whistleblowers finally received at least some measure of justice for the retaliation they faced just for telling the truth about wrongdoing, there are many more who still need a remedy. …[T]here are more who still have no remedy and no justice. The work to combat weaponization and whistleblower retaliation is far from over,” Empower Oversight Founder Jason Foster and President Tristan Leavitt wrote in a letter to Senator Chuck Grassley thanking him for his leadership and providing a summary of the settlement agreements.

The letter to Grassley, penned by Empower Founder and Chair Jason Foster and President Tristan Leavitt, summarizes the settlements thusly: 

Each of the agreements differ slightly depending on each employee’s particular situation, case, and circumstances. Of these eight settlement agreements:

  • None required any resignations as a condition of the agreement.
  • Four involve or facilitate voluntary retirements.
  • All include lump sum payments for damages.
  • Fourrequire full restoration of back pay and benefits to be calculated according to the Back Pay Act, which requires putting federal employees in the same financial position they would have been had they not been subjected to an “unjustified or unwarranted personnel action.” See 5 U.S.C. § 5596(b)(1)(A)(i), (B), (b)(2) and 5 C.F.R. § 550.805.
    • This requires that employees receive interest on all back pay, restored leave, and replaced Thrift Savings Plan contributions—including the agency match and lost investment earnings.
    • These agreements also require all back pay and benefits to be calculated and paid within 30 days of the employee returning to work and providing all necessary information. 
  • Three require the FBI to return the employees to duty, including Garret O’Boyle, Stephen Friend, and Zachery Schoffstall.

We were first introduced to several of these whistleblowers — Marcus Allen, Garret O’Boyle, and Steve Friend — in May of 2023, when they testified before the House Judiciary Subcommittee on the Weaponization of the Federal Government. 

The men presented compelling testimony regarding concerns each of them had raised regarding the weaponization of the FBI, only to meet with retaliation. 


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