You Can't Turn the Clock Back on an Allegation made Against You
A former federal prosecutor, Tom Roth, once said, “In my experience, it is often the most aggressive, most productive, and most capable agents that get ground up in the disciplinary machinery of their respective law enforcement agencies."
And when it happens you may be shocked to learn two things:
- You are now in an adversarial relationship with the Agency that once embraced you as a member of its family; and
- You may find that your exemplary record of performance and achievement may not count for as much as you think.
We defend conscientious, hardworking, honest federal employees every single day. We can’t, however, assign an attorney if you purchase the insurance after an incident occurs. This is no different than the way your auto or home insurance works. You can’t buy auto insurance after the car crash. You can’t buy homeowners insurance after the house is on fire. You can’t buy flood protection after they name the hurricane. You can’t buy FEDS Protection after an incident or allegation in your professional capacity occurs. In other words, if you purchase the insurance because something happened and you think you may need the coverage in the future, it’s already too late. You already have prior knowledge of an incident that could lead to a claim, allegation or suit – and coverage will be denied.
What types of claims do federal agents invoke their FEDS Protection benefits for?
- To defend on your behalf in a personal capacity lawsuit should DOJ decline to represent you because of a determination that it is not in the interest of the United States to do so;
- To provide complete, concise, thorough arguments for DOJ to provide defense in instances where DOJ is on the fence for an “interest” or “scoping” issue;
- To monitor DOJ’s defense where a personal judgment of damages against you is possible;
- To pay damages when you are held liable in a Bivens Action or other Personal Capacity Lawsuits; and
- To provide representation throughout an investigation – OIG, OSC, OPR/OIA, Congressional, HR, MSPB appeals; and defend you in any resulting personnel action.
Even if the allegation, claim or suit is completely baseless—and the judge or final deciding committee agrees with you, you could still need to hire an attorney to prepare you or defend you. We know. You are dedicated.You are careful. You have an exemplary record! You would never need a lawyer to defend an act, error or omission in the course of your employment. Unfortunately, your phone call is the hardest one we receive and almost always starts with, “I can’t believe this is happening to me!”
Attorneys are expensive. FEDS Protection isn’t. You need to have coverage in place prior to the incident resulting in an allegation, claim or suit – or coverage will not apply. So call FEDS at 866.955.FEDS or enroll online at fedsprotection.com today – enrollment takes 5 minutes – and the agency will reimburse up to half the cost for all federal law enforcement officers. We can’t turn the clocks back on claims, allegations or suits, but we can certainly protect you if you have the coverage in place prior to. Yes…this even applies to those of you that think nothing will ever happen to you.
FEDS provides professional liability insurance for the entire federal law enforcement community. For information on your specific exposures, how professional liability insurance protects, or how the FEDS program differs from other insurance programs, visit us on the web at fedsprotection.com and choose the position or agency that best describes your job and professional responsibilities.
Posted in The Spotlight