OIG INVESTIGATIONS

TIPS FOR SURVIVING AN OIG INVESTIGATION

After representing many clients in OIG investigations, we realized that there were few resources available to explain the process and offer practical advice. That’s why we wrote this book: to help you survive a stressful and difficult process. Even though we can’t describe the details of our clients’ stories (because of our ethical obligations to maintain their confidences), we can use what we’ve learned representing them to help you.

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What Our Clients Say About Us

First Quote

“I engaged Kropf Moseley Schmitt after my client agency’s Incident Response Team accused me of wrongdoing and referred my case to their Office of Inspector General. Both entities maintained a Kafkaesque level of secrecy by refusing to disclose any information about my alleged wrongdoing, their case review procedures, adjudication timing or if I would ever be allowed to know what I had been accused of or given an opportunity to respond to the charges or my accuser. The Kropf Moseley Schmitt team successfully steered me through this gut wrenching, 5-month byzantine process which lead to the OIG finding no wrongdoing and the reinstatement of my subcontract. Look no further than the KMS team if you or your business is on the line due to an OIG investigation.”

– Contractor, Department of Health and Human Services

Second Quote

“Sara Kropf and the firm are capable advocates with deep experience and integrity. [They] steered me through the worst experience of my life. I appreciated their wise counsel and tireless work. Also, their efficiency in managing the cost of representation.”

– Federal Employee, Department of Housing and Urban Development

Third Quote

“OIG investigations are a gut-wrenching experience. At a minimum, they upend your life, threaten your livelihood, and the mere fact of an investigation – regardless of merit – can trigger feelings of shame and embarrassment. I can’t imagine making it through the nightmare without Sara’s steady demeanor, immensely valuable advice, and empathy.”

– Federal Employee, Department of State

1. DO NOT AGREE TO AN IMMEDIATE INTERVIEW

The OIG investigator (some are called “agents” or “special agents”) may stop by your office or call to ask if she can interview you right then. Politely decline and explain that you may want to hire a lawyer so you need a little time before the interview. You can schedule an interview for a few days later, by which time you should have spoken with a lawyer. See Chapter 6 for a description of the risks of being interviewed and some tips for your interview. An investigator sometimes will tell you a little something about the probe to gain your trust and persuade you to talk, but don’t succumb to the temptation. All of our clients tell us, “I didn’t have anything to hide” or “I just wanted to help.” Both of those may be true, but you need to prepare for the interview so that you are not caught off guard by the questions and unintentionally tell the investigator something that is incorrect

2. CALL A UNION REPRESENTATIVE OR A LAWYER

You need someone to advise you through this process from the very beginning. This book only scratches the surface of important decisions that will need to be made as you navigate the process. If you are a federal employee, your union may have information about OIG investigations or other resources to help you. An experienced lawyer can help answer your questions about the process and—maybe more important—act as the intermediary between you and the OIG. Once you have retained a lawyer, the OIG cannot contact you unannounced and seek to interview you. See Chapter 7 about using the resources of your union representative or a lawyer.

3. FIND OUT WHAT THE INVESTIGATION IS ABOUT

You or, preferably, your lawyer should find out the subject of the investigation from the OIG investigator before you agree to an interview. That way, you will know what is being investigated and may be able to figure out if you are the target of the investigation. It also will help you prepare for the investigation. See Chapter 1 about common issues 6 7 that are investigated by OIGs and Chapter 6 about preparing for your interview. You may already have an idea of the subject(s) from your first encounter with the investigator, but it always helps to confirm and try to get more information.

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