Mahtesian

FACTS

In January 2001, Mahtesian applied for a promotion to become a supervisory auditor at the Department of Treasury, in the Office of the Inspector General, San Francisco Regional Office (Treasury). Mahtesian had spent the last six years as an auditor for the Department of Justice, in the Office of the Inspector General, in San Bruno, California (Justice). In Octo- ber 2001, he was offered the position at Treasury subject to successful completion of a background investigation. MAHTESIAN v. LEE 5129 Background investigators interviewed among others Helen Wong, a former co-worker of Mahtesian at Justice who had transferred to Treasury in March 2001. Wong’s statements were highly critical. Mahtesian alleges they were false.

Benny Lee, an Audit Manager at Treasury, obtained a copy of the background investigation and interviewed several of Mahtesian’s co-workers including Wong. Mahtesian alleges that Lee in the course of the interview revealed the contents of his background investigation to individuals both inside of Treasury and outside of the agency.

Treasury subsequently withdrew the job offer.

PROCEEDINGS

Mahtesian filed tort claims against Wong and Lee…