Aviles v. Merit Sys. Protection Bd., No. 14-60645 (5th Cir. 2015)Annotate this Case
Petitioner, a former IRS agent, filed suit alleging that he was fired in retaliation for protected whistleblowing. Petitioner alleged that he uncovered that Exxon had perpetrated a $500 million tax fraud and that IRS officials covered it up. The court concluded, however, that petitioner's disclosure was not protected because the court agreed with the Board’s finding that petitioner failed to make a nonfrivolous allegation of government involvement in Exxon’s alleged wrongdoing. The court also concluded that petitioner's remaining argument under 5 U.S.C. 2302(b)(9) is exhausted. Accordingly, the court denied the petition for review.