Judge J. Paul Oetken
Leshinsky was a vice president at PB Farradyne Inc. (Farradyne), acquired by Telvent GIT S.A. in 2006. In 2007 Telvent acquired toll collection software developer Caseta Technologies Inc. Leshinsky voiced objections to a "two overhead strategy" outlined in a 2008 meeting on the Metropolitan Transportation Authority’s request for proposals for a toll-system maintenance contract. Thereafter, he was purportedly marginalized before being fired in July 2008. Addressing issues of first impression over the scope of the whistleblower provision in §806 of the Sarbanes-Oxley Act of 2002 the court only partly granted defendants summary judgment. The court found it reasonable for Leshinsky to believe the two overhead rates scheme could be plausibly carried out, and that it was objectively reasonable for an employee of Leshinsky’s background and experience to conclude that a fraudulent scheme requiring the use of the mails, telephones and email was imminent or in progress. However, noting Leshinsky’s purported subpar job performance and his purported termination due to the need to reduce the workforce, the court found that genuine factual issues existed as to whether Leshinsky’s whistleblowing contributed to his termination.
