A former FBI special agent has raised allegations that the bureau systematically uses its internal review processes to intimidate whistleblowers. Valentine Fertitta, a former special agent, claims that the FBI’s internal mechanisms are being leveraged to suppress complaints and retaliate against whistleblowers, as seen in his case. The dispute began in 2021, following a workplace conflict that escalated after Fertitta returned from an overseas deployment with injuries that limited his work capacity. His manager’s dissatisfaction with his reduced productivity led to a block on his promotion, which Fertitta believed violated FBI policies and federal employment laws.
As retaliation for raising these concerns, Fertitta’s wife, Emily, reported that he faced a negative performance review, restrictions on training access, and demands for medical records. Fertitta appealed to the FBI’s internal Office of Attorney Recruitment and Management (OARM), a body meant to protect whistleblowers, but the bureau responded by initiating a security clearance evaluation of his suitability. Legal counsel Matthew Crotty noted the timing of the clearance review, which began within weeks of Fertitta’s appeal, suggesting a targeted retaliation strategy.
The Fertittas’ case is part of a broader pattern of whistleblower retaliation within the FBI, as indicated by OARM’s records showing 107 complaints over the past decade, with nine confirmed cases of retaliation. Emily Fertitta argues that the agency’s structure prioritizes loyalty over accountability, making it difficult for employees to seek justice. The Biden administration has been criticized for not addressing the issue, with hopes that a potential Trump-led administration might push for reforms. Crotty proposed legislative changes that would allow whistleblowers to take cases to federal courts, arguing that legal accountability through jury verdicts would pressure the FBI to reform its practices.
The FBI declined to comment on the Fertitta case, but the agency’s broader practices have come under scrutiny. The Supreme Court has granted the FBI broad powers to make decisions about its employees and their security clearances, with few exceptions. This means that for their duration at the bureau, FBI agents have no external recourse to appeal a clearance dispute, a policy that Crotty described as structural and deeply rooted within the agency. The Fertittas’ legal action remains pending, with delays in the case due to the FBI’s ongoing internal deliberations over Fertitta’s clearance status.