Case Law Update James P. Garay Heelan Case Law Update James P. Garay Heelan

Federal Government May Retry Dismissed Oklahoma Convictions For Crimes On Creek Reservation

Thousands of Oklahoma convictions of Creek Nation members on reservation land may be dismissed following the U.S. Supreme Court’s recent decision in McGirt v. Oklahoma. In that case, the Supreme Court held that only the tribes and federal government may prosecute Native Americans living in most of Eastern Oklahoma for crimes committed there. This holding may be extended to dismiss potentially thousands of state convictions for retrial by either tribal governments or the U.S. Department of Justice.

Read More
News FEDagent News FEDagent

OPM Releases Proposed Rule on Continuation of Benefits, Services During Government Shutdown

In a proposed rule submitted to the Federal Register on July 20, the Office of Personnel Management implements provisions within the FY 2020 National Defense Authorization Act (FY 2020 NDAA) that ensure the continuation of certain federal benefits and services in the event of a lapse in appropriations. The FY 2020 NDAA names certain Federal Employees Health Benefits (FEHB) Program and Federal Employees' Group Life Insurance (FEGLI) services as emergency services under the Antideficiency Act.

Read More
The Takedown FEDagent The Takedown FEDagent

ICE HSI Leads Collaborative Effort to Take Down MS-13 Gang Members

From the Oval Office last week, President Donald J. Trump announced the conclusion of a multi-year investigation led by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) that led to the takedown of 17 members of the MS-13 gang. These arrests took place in Las Vegas and Los Angeles with the assistance of Las Vegas Metropolitan Police Department (LVMPD) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). During this bust, HSI seized five pounds of methamphetamine, $28,000 in cash, and 14 firearms. Gang members were charged on 21 counts, including a violation of the Kingpin statute and transporting large quantities of methamphetamine from Los Angeles to Las Vegas.

Read More
Case Law Update Conor Dirks Case Law Update Conor Dirks

Seventh Circuit Rebukes MSPB AJ’s Whistleblower Findings, Remands Again for Damages

In 2018, the United States Court of Appeals for the Seventh Circuit held the MSPB acted arbitrarily and capriciously when it dismissed an ATF employee’s Individual Right of Action appeal. The Seventh Circuit’s 2018 opinion found that the employee “properly alleged a ‘protected disclosure’ and exhausted his administrative remedies so that the Board had jurisdiction to evaluate the merits of his claim.” The MSPB AJ denied relief, and the employee appealed to the Seventh Circuit again. On July 16, 2020, the appeals court again held that the MSPB acted arbitrarily, capriciously, and contrary to law. This time, the remand to the MSPB was only on the extent of relief to the employee.

Read More
FEDtalk FEDagent FEDtalk FEDagent

FEDtalk: A Dialogue about Racism in the Federal Government

In the most recent FEDtalk podcast episode, Alice Mercer, Chairperson of the Blacks in Government (BIG) Committee on Affirmative Action/ Equal Employment Opportunity, Margaret Williams, Vice-Chair of the Senior Executives Association (SEA) Board of Directors, and Chad Hooper, National President of the Professional Managers Association (PMA) discuss the implications of racism within federal agencies. BIG is a government-wide organization that strives for racial equality in governance for black Americans. SEA is the professional association for career members of the Senior Executive Service (SES) and other senior government leaders. PMA represents management and non-collective bargaining unit eligible employees at the Internal Revenue Service (IRS).

Read More
The Spotlight, Partner Columns FEDS Protection The Spotlight, Partner Columns FEDS Protection

Federal Task Force Officers—Am I Protected?

Over the years, federal law enforcement agencies have been able to magnify their reach and effectiveness through the setting up of federal task forces, made up of both federal and state & local law enforcement officers. These task forces (led by officers from agencies such as the U.S. Marshals, FBI, and DEA) are assigned to address specific issues such as sex trafficking, drug trafficking, tracking fugitives, and counterterrorism efforts. While the task forces are largely spearheaded and funded by federal agencies, oftentimes a majority of the manpower is provided by state & local law enforcement.

Read More
News FEDagent News FEDagent

House Committee on Homeland Security Urges DHS to Halt CBP Deployments

Representative Bennie Thompson (D-MS) and Representative Kathleen Rice (D-NY) sent a letter to Acting Department of Homeland Security (DHS) Secretary Chad Wolf and Customs and Border Protection (CBP) Chief Operating Officer and Senior Official Performing the Duties of the Commissioner Mark Morgan this week urging the DHS to halt deployments to the southwest border as the region experiences a spike in coronavirus cases. The lawmakers warned that further deployments may place a strain on “already overwhelmed” local health resources.

Read More
News FEDagent News FEDagent

OSC Issues Guidance on Black Lives Matter, Hatch Act

In guidance issued on Tuesday, the Office of Special Counsel (OSC) clarified questions relating to use and displays of the phrase “Black Lives Matter” (BLM) while on duty or in the federal workplace. The guidance addresses two central questions: whether BLM terminology is inherently political activity and whether the Black Lives Matter Global Network (BLMGN) is a partisan political group. OSC found the answer to both questions to be no, which under the Hatch Act generally allows employees to engage in BLM-related activity while on duty or in the workplace.

Read More
The Takedown FEDagent The Takedown FEDagent

Member of Chinese Talent Plan Charged for Illegally Using U.S. Grants to Help China

Song Guo Zheng, a professor of rheumatology and researcher at various American universities, was charged with grant fraud after it was discovered that he used approximately $4.1 million in grants from the National Institutes of Health (NIH) to further China’s knowledge of immunology and rheumatology. Not only did he allegedly make false statements to his employers regarding his ties to the Chinese government, but he also allegedly attempted to steal intellectual property from the United States with the intention of taking it back to China.

Read More
News FEDagent News FEDagent

Cybersecurity Experts Weigh In On Best Practices for Remote Work

As millions of federal workers conduct their business remotely due to the ongoing coronavirus pandemic, the Chief Information Officers (CIO) Council has released their views on best practices for working remotely. The guidance acknowledges that the expansion of telecommuting activities has increased the potential for sensitive government projects and information to be exposed to unauthorized individuals.

Read More
News FEDagent News FEDagent

Census Welcomes Nearly 1 Million Temporary Workers with New Safety Protocol

The Census Bureau has made adjustments to its 2020 Decennial Census operations in order to ensure the count occurs without risking the safety and wellbeing of the employees enumerating the American public. To get the count started, the Census Bureau announced this week that the agency has hired some 900,000 temporary employees to conduct in person confirmations of addresses.

Read More
The Takedown FEDagent The Takedown FEDagent

DOJ Concludes Investigation into Massachusetts Narcotics Bureau with Findings of Constitutional Violations

The Department of Justice announced its findings relating to an investigation into the Narcotics Bureau of the Springfield, Massachusetts Police Department (SPD) this week. The DOJ found reasonable cause to believe the bureau engaged in a “pattern or practice of using excessive force in violation of the Fourth Amendment to the United States Constitution.”

Read More