Federal Employees Need to be Aware of These Warnings During an OIG Interview

Wednesday, July 1, 2015
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law and Shelby Root




Federal employees are subject to criminal investigations and criminal prosecutions by the Office of Inspector General (OIG) within their respective federal agencies. The OIG of an agency routinely investigates and helps prosecute wrongdoing. If applicable, an investigator will state before the interview the employee's rights in regard to, among other things, remaining silent and obtaining legal counsel or union representation. These statements are referred to as warnings. It is important to know and understand the two kinds of warnings that a federal employee will hear once sitting down with an OIG. These two warnings are known as a Garrity and Kalkine warning.


Garrity Warnings.

When a federal employee receives a Garrity warning, they are requested to provide information on a voluntary basis in connection with an internal or administrative investigation. Since the interview is voluntary, the employee does not have to answer questions if the employee's answers would tend to implicate him/her in a crime.

While no disciplinary action will be taken for remaining silent, an employee's silence may be considered in an administrative proceeding as evidence. A statement given to the OIG may be used as evidence in both a criminal or administrative proceeding.


Kalkines Warnings.

When a federal employee receives a Kalkine warning, he or she is being questioned as part of an internal or administrative investigation. The employee is required to answer questions concerning performance related to his/her official duties. Disciplinary action, or dismissal, may be the result of a failure to answer questions completely and truthfully.

A federal employee's answers to a question or any information derived from them, may be used in an administrative proceeding. However, neither may be used against the employee in a criminal proceeding, unless he or she knowingly and willfully made false statements.


Representation at an OIG Interview
.

A federal employee who is subject to an investigation is allowed to have legal representation present during an interview with the OIG. If the employee requests to have legal representation, he or she is entitled to a reasonable amount of time to make arrangements. The attorney will counsel or advise the federal employee during the OIG interview. To view a past blog about an OIG investigation, click here.



Comments?

What are your thoughts on the investigative process of the OIG? Please leave any thoughtful comments below.


Contact a Health Care Attorney that is Experienced in the Representation of Federal Employees.

The Health Law Firm and its attorneys are experienced in representing federal employees subject  to investigations and criminal proceeding by the OIG and other federal investigative agencies. To view the various areas of criminal defense that we represent, click here.

To contact the Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.


Sources:

Federal Communications Commission. "Office of Inspector General Investigations." From:
https://www.fcc.gov/encyclopedia/office-inspector-general-investigations


About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620. Shelby Root is a summer associate at The Health Law Firm. She is a student at Barry University College of Law in Orlando



Keywords:
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7/1/2015

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