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Moschetti Combined and Reduced
Moschetti Combined and Reduced
March 8, 2021
Dear Clerk:
Attached, please find a Petition for Declaratory Judgment and Verified Petition for Mandamus
that I am asking you to file in your Court.
Once the Judge is assigned, please alert his chambers that we are requesting expedited review of
this matter.
Service of the Petition will be via email to the Office of the Attorney General per the COVID-19
protocols at [email protected].
Sincerely,
/s/
Timothy Anderson
www.virginialawoffice.com
Clear All Data
............................................................................................................................... ......................................................................................................................
I, the undersigned [ ] plaintiff [ ] defendant [ ] attorney for [ ] plaintiff [ ] defendant hereby notify the Clerk of Court that I am filing
the following civil action. (Please indicate by checking box that most closely identifies the claim being asserted or relief sought.)
Jennifer A. Moschetti
Petitioner
v. Case No.
Michael C. Westfall in his official capacity
As State Inspector General
Respondent
3011 of the Code of Virginia. Due to the sensitive nature of the circumstances, the Mandamus
Petition is intentionally written to disclose the most minimal nature of the facts and
circumstances. Petitioner will file documents with this Court and give testimony regarding the
FACTS
2. The Office of the State Inspector General operates primary operations in the City of
Richmond, Virginia.
investigate multiple complaints of fraud and abuse involving the Virginia Parole
Board.
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4. The Petitioner faithfully performed her investigation in the numerous allegations of
fraud and abuse as directed by her supervisor, State Inspector General Michael C.
Westfall (“Westfall”). At all times during the investigation, Westfall supervised and
5. Westfall certified findings of the Petitioner for seven offenders involving violations
of policy and law by members of the Virginia Parole Board in granting parole to the
following offenders (names redacted) DLB, IC, RDG, TXG, DMR, PS, and DKS.
6. State Inspector General Westfall further certified the findings of Petitioner for an
additional offender (name redacted), VLM, with substantial violations of policy and
law by members of the Virginia Parole Board in granting the parole of VLM which
were detailed in a executive summarized 10-page report. That report was submitted
by Westfall to the Office of the Attorney General where it was redacted and reduced
to a six-page report.
7. The reports of the violations of the reports stated in paragraph 5 and the redacted
report stated in paragraph 6 are known by the Petitioner to be in the possession, since
September 2020, of the Office of Governor, The Office of the Attorney General
(OAG) and the Office of the Secretary of Public Safety and Homeland Security.
8. In 2020, summarized reports detailing the violations of the Parole Board of DLB, IC,
RDG, TXG, DMR, PS, DKS and VLM were released to member of the General
Assembly by Westfall. Following those releases, the media obtained copies of some
9. Petitioner did not release any of her work product or documents to the media at any
time.
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10. During the Parole Board investigations, Petitioner was contacted by Federal Law
investigation involving the circumstances of the Virginia Parole Board; Petitioner has
11. Shortly after the leak of the six-page redacted report regarding offender VLM,
Petitioner was summonsed to the Office of the Governor where she was interrogated
findings. At that meeting were Clark Mercer, Chief of Staff for Governor Ralph
Northam; Brian Moran, Secretary of Public Safety and Homeland Security, State
12. For over an hour, Petitioner and Westfall were hostility interrogated for the findings
the six-page report that had been redacted by the OAG and leaked to the media.
regarding VLM existed; however, State Inspector General Westfall refused to release
13. The meeting contained in paragraph 11 and 12 was intended to intimidate the State
Inspector General and the investigators tasked with making fact findings related to
14. Following the meeting, State Inspector General Westfall spoke to Petitioner and
explained that Westfall may lose his job for the work product regarding the VLM
fear of losing her job as the primary investigator on the Parole Board matter.
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15. The investigation into the Parole Board continued. Petitioner submitted additional
reports to Westfall but those additional reports of additional misconduct have not
16. In February 2021, the full 14-page VLM report was leaked to the media. The 14-page
report was an earlier draft of Petitioner’s work product. The report contained
substantial facts and findings of serious wrongdoing by members of the Parole Board
17. Petitioner did not leak the report to the media then or at any other time.
18. Following the leak of the 14-page report, Westfall then publicly announced that the
19. Petitioner having already cooperated with Federal Law Enforcement and being the
author of the report that was leaked feared she was now going to be used as a
scapegoat for cooperating with law enforcement based on the announcement of the
Virginia State Police investigation by Westfall and the previous hostile in-person
20. On Wednesday, March 3, 2021, Petitioner released a partial copy of her file to
Virginia Whistle Blower Act and identified herself anonymously through the
1
https://apnews.com/article/richmond-ralph-northam-virginia-a3a0a4573234f9dd8a01b449d0fa0978
https://www.wtvr.com/news/problem-solvers/problem-solvers-investigations/email-shows-osig-shared-parole-
board-report-with-attorney-generals-office
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undersigned counsel as a Whistle Blower. The release contained the full reports of
DLB, IC, RDG, TXG, DMR, PS, DKS and VLM, as well as other facts and
circumstances detailing additional violations by the Parole Board which are not being
21. On Friday, March 5, 2021, Petitioner received a home visit by Katrina Goodman,
the Office of the State Inspector General who hand delivered the attached letter
authored by Corrine Louden placing the petitioner on pre-disciplinary leave with pay
pending an investigation into alleged misconduct. Petitioners work laptop was seized
22. On March 5, 2021, Petitioner through counsel sent a letter to State Inspector General
Blower and demanding retraction of the threat of “pre-disciplinary” leave for “alleged
misconduct.”
23. As of the timing of this Petitioner, the Petitioner remains of “pre-disciplinary” leave.
COUNT 1
I. Petitioner has been subjected to retaliatory actions for conduct as a whistle blower
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24. Virginia Code §2.2-3011(A) states: No employer may discharge, threaten, or
25. Petitioner has, in good faith, cooperated by request with Federal Law Enforcement.
26. Petitioner has, in good faith, reported alleged misconduct by State Inspector General
27. Petitioner has, in good faith, reported alleged misconduct of the Office of the
VLM report to conceal the findings of the State Inspector General from other
28. Petitioner has, in good faith, reported alleged misconduct of the Office of Public
Safety and Homeland Security and the Office of the Governor for failing to take
29. Petitioner has neither communicated with the media nor released any information,
30. State Inspector General Westfall has been on notice that that Petitioner is a protected
31. State Inspector General Westfall is harassing Petitioner by threating Virginia State
Police investigations to the media and suspending her under the auspices of a “pre-
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disciplinary” investigation for “alleged misconduct” in violation of her rights as a
protected whistle blower in an effort to insulate his own position as State Inspector
General.
Accordingly, the Petitioner moves this Court for the following relief:
3. Ordering State Inspector General Westfall to cease and desist in threats and
4. To grant any other relief as may be appropriate to further the intent and integrity of
Respectfully Submitted,
Jennifer A. Moschetti
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By: ' A - ~
Counsel
Timothy Anderson
Anderson & Associates, PC
2492 N. Landing Rd 104
Vrrginia Beach VA 23456
757-301-3636
VSB 43803
I have reviewed and verified the above Petition for Mandamus and state it is true and correct to
the best of my knowledge information and belief.
Han over
Vrrginia
city/Comity of=
Subscribed and sworn by me, Jennifer Moschetti, this _5-=----_ day of March 2021.