Drake v. USAID
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This case established that a whistleblower under the Whistleblower Protection Act does not need to prove that he disclosed an actual violation of the law, but instead that he had a reasonable belief that there was a violation of a law, rule, or regulation.
Summary of Filed Complaint
TELG client Matthew Drake suffered retaliation after reporting that federal employees were consuming large quantities of alcohol at parties at the U.S. Embassy in Budapest, Hungary.
What Happened in Court
Matthew Drake was an OIG Investigator for the USAID in Budapest, Hungary. After witnessing government employees consuming large quantities of alcohol at a part at the U.S. Embassy, Drake contacted senior management officials. Mr. Drake began suffering retaliation after blowing the whistle. Drake appealed the actions taken against him to the Merit Systems Protection Board which found that he did not engage in protected activity under the Whistleblower Protection Act. Mr. Drake appealed to the United States Court of Appeals for the Federal Circuit, which overturned the MSPB and issued an order in Mr. Drake’s favor.