Justia Professional Malpractice & Ethics Opinion Summaries

Articles Posted in US Court of Appeals for the Federal Circuit
Vestal was an IRS Agent and routinely had access to personally identifiable and other taxpayer information. She received annual “Privacy, Information Protection and Disclosure training.” In 2018, Vestal received a notice of proposed suspension for displaying discourteous and unprofessional conduct and for failing to follow managerial directives. In preparing her defense, she sent her attorney a record from a taxpayer’s file, which included personally identifiable and other taxpayer information. Vestal’s attorney was not authorized to receive such information. Vestal sent the record without obtaining authorization, without making redactions, and without relying on advice from legal counsel. Dubois, the deciding official, decided to remove Vestal from service, explaining in his removal letter “that a removal will promote the efficiency of the Service and that a lesser penalty would be inadequate.”The Merit Systems Protection Board and the Federal Circuit affirmed an administrative judge in sustaining her removal. The disclosure was “very serious,” and intentional. The agency’s table of penalties recommends removal for any first offense of intentional disclosures of taxpayer information to unauthorized persons. While Vestal stated that she incorrectly believed that attorney-client privilege protected the disclosure, the administrative judge explained that Vestal nevertheless did “act[] intentionally.” Vestal’s prior suspension was aggravating; her job performance and her 10 years of service were mitigating though also supporting that she had ample notice of the seriousness of unauthorized disclosures of taxpayer information. View "Vestal v. Department of the Treasury" on Justia Law