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July 21, 2009

Willkie prepares in-depth independent report, at the request of Amtrak's Office of Inspector General, reviewing and analyzing several Amtrak policies and practices relating to oversight of OIG audits, investigations, and operations.

As reported widely in the press, Willkie recently prepared an in-depth independent report, at the request of the Office of Inspector General of the National Railroad Passenger Corporation (Amtrak), reviewing and analyzing several Amtrak policies and practices relating to oversight of OIG audits, investigations, and operations. The report, which was commissioned by the former Inspector General just prior to his retirement, specifically examines (1) Amtrak’s policies and practices regarding the role of the Amtrak Law Department in OIG audits and investigations, (2) Amtrak’s policies regarding Law and Human Resources oversight of OIG personnel matters, and (3) Amtrak’s internal procedures governing OIG funding under the American Recovery and Reinvestment Act of 2009 (ARRA) for potential impairments to the OIG’s statutory independence under the Inspector General Act.

Prior to engaging Willkie, the then Inspector General, Fred Weiderhold, had suggested that the policies and practices in question were "inconsonant with the Inspector General [Act] and the standards of the IG Community" and resulted in "serious and unreasonable interference with OIG activities."

The report, prepared by partner Robert Meyer, concludes that Amtrak managers have improperly interfered with oversight of the railroad’s $1.3 billion in economic stimulus funding through procedures that interfered with the internal watchdog’s ability to get stimulus-related documents and the $5 million Congress appropriated for stimulus oversight.

Senator Chuck Grassley (R-Iowa) made the 94-page report publicly available on his website, stating that Amtrak managers are "interfering with the system of checks and balances." Also, following the release of the report, the Chairman and Ranking Member of the House Oversight and Government Reform Committee announced that the Committee was launching an investigation into the effectiveness and independence of Amtrak’s Inspector General.

Mr. Meyer was assisted by associates Barbara Block, Nikhil Singhvi, Benjamin Shapiro and Marianne Dobelbower in the preparation of the report.