On August 8, 2012, U.S. Department of Justice Inspector General Horowitz announced the creation of an Office of Inspector General Whistleblower Ombudsperson. It appears that the DOJ took a page from the playbook of private sector employers, as a number of leading companies have turned to various forms of ombudsperson programs to address whistleblower reports and foster early conflict resolution. It has been reported that the DOJ likely took this step in hopes of reestablishing credibility with whistleblowers, particularly in light of the controversy over Operation Fast and Furiousa crackdown by the Bureau of Alcohol, Tobacco, Firearms, and Explosives on the smuggling of weapons from U.S. gun dealers to Mexican drug cartels.
The DOJ likely found, too, that now is the right time to make such a move given the efforts Congress and other agencies have taken to promote whistleblowing, such as the creation of the Securities and Exchange Commissions Office of the Whistleblower. It would behoove corporations to monitor the results of this program and contemplate whether to follow suit, as they may conclude that this tool will lessen the chances that whistleblowers will immediately head to the SEC for a bountya fear that is well founded in light of Dodd-Franks incentive structure.
What the Ombudsperson is Expected to Do
The ombudsperson is expected to act independently and will assume the following responsibilities: monitoring whistleblower reports and ensuring they are efficiently investigated; monitoring investigations and resolutions of whistleblower retaliation claims; communicating with whistleblowers regarding the status and resolution of their cases; and serving as a liaison with other whistleblower protection agencies, such as the U.S. Office of Special Counsel, as well as whistleblower advocacy organizations.
It is likely that this list will be expanded in the future to include institution and oversight of formalized training, updating whistleblower policies, and periodic reporting-out on the types and volume of whistleblower complaints.
