Doing the Right Thing about the Wrong Thing

February 12, 2022 6:46 PM

A crime was committed, and investigators at both the state and local levels covered it up. I want them held accountable. Could you help me figure out my next move? Highly generalized specifics within.

In the process of the cover up, the investigators may have violated the color of law statute by knowingly endangering one of the victims. I believe this “incident” is part of a larger pattern in the state, and I want to take steps to help prevent it from happening again, but I can’t afford a lawyer and I’ve been told by the lawyers I did consult that neither of the investigators can be sued.

There is a commission with direct oversight over some, but not all, of the investigators. I think at least one of commissioners is a good person, but I’m afraid that they are not powerful enough to take this on. The commission does not have jurisdiction over the state, and where it does have jurisdiction, there is a direct conflict of interest.

Questionable financial oversight played a role here, too, and I’ve pondered going to FINRA about that, too. I also keep rejecting and rethinking going to the commission because, in a way, it would be easiest to prove my case there, but it would also be easy for the commission to shut me down to save themselves some trouble, and I’m not sure I want to take that risk. Finally, I think I should probably go to the Feds since the state is not doing its job. But I’m not 100% sure of that.

I’m terrified, and some of these complicating factors were calculated in when the perpetrators committed the crime. To make matters worse, I am a secondary victim here, but both the perpetrators and investigators smeared me to take the heat off of themselves.

I have a lot of supporting materials and potential witnesses if only someone would do the right thing. But I also have very little support, and no one to talk to about my decisions.

What should I do next? If I contact FINRA or the FBI, how will that process play out? Should I go to the commission? If you have any off-thread advice, I can be reached here.


Note: This does not involve people of color.

posted by anonymous to Law & Government (9 answers total)

Seconding contacting a journalist, I would imagine at a major paper in your state. If I were that journalist (I'm not the right person though and couldn't tell you who is) I'd listen to all the facts in confidence, confer with some others in the space, and decide whether there's a story or whether it should go to regulators or higher-ups. That might be if, for instance, there's no hard evidence available other than your testimony. They do not have to use your name and will keep your identity confidential if at all possible.

If you contact FINRA or the FBI that may well be the last step you can take since anything further might be considered interfering in the case. However it may be part of the reporting process to provide something to authorities and include their comment or actions in the story.

Lastly if it came to it I would ask your good commissioner what they think you should do - they may have access to a better way forward or escalation pathway that you don't know about.
posted by BlackLeotardFront at 7:15 PM on February 12, 2022 [8 favorites]

This feels like a question that more expert people than MeFi should be asked. Here's a small brainstorm:

Southern Poverty Law Center (I'm not saying you're in their mission statement, but someone there might at least know where you can start, or whom to ask next);

Someone semi-local to you with law, political science, or very very established activist credentials who writes local op-eds or letters to the editor, or who teaches at a university in your state;

Some kind of law clinic at a university in your state;

Erin Brockovich -- you're looking for advice, you're trying to do the right thing against a scary system, you sound sympathetic, so why not? Sure, her focus is environmental/medical, but she might at least point you to someone or something something more helpful.

Because "contacting a journalist" is possibly a good idea, but I think you might need more.
posted by amtho at 8:26 PM on February 12, 2022 [4 favorites]

I wonder if your congressperson's office might be able to assist you with this - if not doing the thing that need to be done then at least telling you what to do. No idea how far you would get, but it's a way to avoid the conflicts you describe.
posted by How much is that froggie in the window at 8:41 PM on February 12, 2022

Are you concerned about your safety? You said you're terrified, so this makes me wonder if you have safety concerns. If you do, figuring out a plan about that seems like it would be a high priority.

As far as contacting journalists go, I would suggest doing a little research on who is covering similar issues or issues in your state that may somehow overlap and contacting that specific journalist. If you're fairly confident this may have farther reaching impacts than the particular people you are directly connected with, or has implications for larger systems or lots of people, consider Pro Publica.

Is there a legal-aid group (non profit) in your state who has some interest in the issues raised by what happened? Perhaps you could talk to someone there who might be willing to point you toward next steps, even if they aren't the appropriate agency to follow up themselves.

Is there a smart, level-headed person you trust enough to talk to about this who can help you think this through? I find I lose perspective on topics that are very emotionally charged for me, and talking it out with someone I trust can help.

Finally, I'd just caution you to try to have some perspective on likely outcomes. I'm a believer you can work diligently to overcome institutional power, and win, but that doesn't mean you will regain your smeared reputation, nor does it mean the outcome of this will be what you wish it to be. You are unlikely to achieve the satisfied feeling of the bad guys getting caught and the good guys getting lauded. In your heart I'm sure you know that mostly only happens in movies. So whatever you chose to do, consider that you are reacting to a feeling of dismay and wrong doing that may never be resolved. If you want to work on this, think about what outcome is realistic and try to step away from the emotion you're experiencing a bit.
posted by latkes at 9:28 PM on February 12, 2022 [6 favorites]

Mod note: From the OP:

I am grateful for answers that either address the options that were provided or that attack the issue in less obvious ways, so there is no need, for example, to recommend a journalist.

Thank you.

posted by taz (staff) at 12:08 AM on February 13, 2022

FINRA has a checklist for victims of investment fraud, which may not exactly apply here, but the checklist has within it a handy list with links of regulators that accept tips for investigation of financial crimes. The page states "You may benefit from reporting the investment fraud to as many agencies as apply."

You absolutely still need a lawyer though. Not for purposes of suing, but because if you go through with reporting, you will become a whistleblower and you need to know your rights surrounding that. Although there are whistleblower protections, often companies can still make things very uncomfortable for whistleblowers and you need to be prepared for that. There is a National Whistleblower Legal Defense Fund that can help you with this.
posted by donut_princess at 7:17 AM on February 13, 2022 [3 favorites]

If your goal is simply to expose the story, it would seem that writing up the story and having it publicized as best as possible would be one avenue. You could write it up and distribute to media, your congressperson, etc. You could try to do it anonymously, though of course you would have some risk that your targets would uncover your name if they wanted to investigate it.

All of that said, I would caution you that -- as someone who has worked in law and in congressional offices -- it is pretty common for people to send in big manilla envelopes full of accusations about coverups and conspiracies. It will be challenging for you to distinguish your story from those stories. You should try to keep your communication short, to the point, and focused on what you know for sure and how you know it.
posted by Mid at 7:38 AM on February 13, 2022 [3 favorites]

To clarify my answer: I wasn't recommending those resources because of potential publicity or problem-solving, but because they will likely know better than I do (or than anyone I've ever met) which of your ideas is best/safest.
posted by amtho at 10:31 AM on February 13, 2022

Depending on the nature of the injury and the wrongdoing, this might be a good fit for a civil rights or personal injury lawyer or someone who does qui tam suits to spur someone who should be investigating to do something.
posted by *s at 8:51 AM on February 14, 2022