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WASHINGTON
U.S. Department of Veterans Affairs

Obama taps D.C. lawyer Michael Missal as new Veterans Affairs' watchdog

Missal to take over troubled inspector general department

Donovan Slack
USA TODAY

WASHINGTON – President Obama is nominating Michael Missal, a Washington attorney who specializes in government enforcement and internal investigations, to be the new chief watchdog at the troubled Department of Veterans Affairs.

“The president selected Missal because he has a distinguished legal background and a proven record of expertly leading prominent, sensitive, and extensive investigations,” said a White House official, who spoke on condition of anonymity because he did not have permission to speak publicly about the nomination.

The move comes after months of criticism from Congress that the post has gone unfilled so long. The previous inspector general at the VA stepped down in December 2013.

It also comes after VA whistleblowers repeatedly blasted the inspectors who have filled in since then, accusing them of overseeing shoddy investigations of veteran health care and of targeting whistleblowers rather than the problems they are reporting.

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They have also criticized the office’s secrecy following a USA TODAY report in March that showed the VA inspector general had failed to publicly release the findings of more than 140 investigations of veteran health care, including cases of harm and death. 

The inspector general is responsible under federal law for unearthing and exposing mismanagement, fraud and abuse at the agency. The VA is the largest civilian federal agency, with 300,000 employees responsible for administering benefits and providing health care to veterans.

The White House official said Missal has extensive management and leadership experience. He is a co-leader of his company’s policy and regulatory practices overseeing 200 lawyers and a member of the firm’s management committee that governs 2,000 attorneys.

Missal was appointed by the Justice Department to look into negligence in the bankruptcy of subprime lender New Century Financial Corp and he was lead counsel in an investigation of the meltdown of WorldCom, which was the No. 2 long-distance phone company in the country.

He also was tapped to assist the Senate Select Committee on Ethics in its investigation of former Sen. John Ensign of Nevada, who resigned amid the probe. 

“Throughout these and dozens of other high-profile and significant investigations, Missal’s work and reports have consistently received widespread acclaim,” the White House said.

Before joining K & L Gates in 1987, he served as a senior counsel at the Securities and Exchange Commission in the Division of Enforcement.

VA whistleblowers, who banded together in a group called VA Truth Tellers and had written to the president asking for a new inspector general, said Friday they are cautiously optimistic about his choice of Missal.

"VA Truth Tellers are heartened to hear that President Obama has listened to the cries of whistleblowers, Congress, American taxpayers, and most of all, veterans," said group spokesman Shea Wilkes, a social worker at the Shreveport, La., VA who reported on wait list problems.

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He said the group hopes Missal will be a "leader of impeccable integrity who has the fortitude to correct a VA system that has become plagued with corruption, cronyism and selfish careerists.

"We look forward to listening to Mr. Missal’s confirmation hearings to assure he is committed to changing the culture of the VA Office of Inspector General," Wilkes said. "It is imperative that he is willing to make the organization more transparent, honest, and independent that will not only protect whistleblowers, but fully and properly investigate their allegations and claims."

Sen. Ron Johnson, R-Wis., chairman of the Senate Homeland Security and Governmental Affairs Committee, applauded Obama for making the nomination and said he hopes Missal will be more cooperative than the previous "IG regime."

“For far too long, the VA OIG’s lack of permanent leadership has compromised veteran care, fostered a culture of whistleblower retaliation within the agency, and compromised the independence of the VA’s chief watchdog," he said. "Whistleblowers deserve a fair shake from the OIG, and I hope this nominee will usher in a new era of openness, transparency and accountability for veterans.”

The Office of Inspector General came under fire in fall 2014 after issuing a report on falsified patient wait times at the Phoenix VA that did not conclude the delays led to patient deaths. Johnson and other members of Congress stepped up their criticism of the office after news reports in January revealed previously unreleased findings by the inspector general that showed providers at the VA in Tomah, Wis., were prescribing dangerous amounts of opiates.

The IG finished the investigation in March 2014 but didn't issue a public report, trusting that local VA officials would fix the problem. They did not. Five months later, 35-year-old Marine Corps veteran Jason Simcakoski died of mixed drug toxicity as an inpatient at Tomah after doctors agreed to add another opiate to the 14 he was already prescribed.

Sen. Tammy Baldwin, D-Wis., who has been calling for months for a new inspector general, said permanent leadership at the inspector general's office is "long overdue."

"I now look forward to engaging in a careful review of Michael Missal’s qualifications for this important job," she said.

A sign marks the entrance to the Edward Hines Jr. VA Hospital in Hines, Illinois.
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