The LTC Rocky Baragona Act (Part I)
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Walk with a big stick called “In Personam Jurisdiction”
By Pam Baragona (Rocky Baragona’s Sister)
Military loopholes in government contracting allow for little justice in the US courts when soldiers are harmed or killed by foreign contractors. Our personal story to fight for change in the laws following the unnecessary death of my brother may provide the tools for other families facing similar crimes.
My younger brother, LTC Rocky Baragona died in Iraq at the hands of a foreign US Government contractor named Kuwait Gulf Link Transport (KGL). This is the story of our family’s 7 year battle to find justice for my brother and how it led to the creation of the “LTC Rocky Baragona Act” now awaiting a approval on the US Senate floor.
Rocky was killed on May 19 2003 on his way home after completing his tour. He was in Safwat, Iraq when a Kuwait Gulf Link Transport (KGL) flatbed tractor trailer suddenly jackknifed and landed on his humvee crushing him instantly. The KGL driver and a truck were not properly licensed. Rocky, a decorated career soldier, with a flawless military record who had been in the top 5% of his West Point Class, proudly, with honor, served his country as the Commander of the 19th Maintenance Battalion out of Fort Sill, Oklahoma. Because of the irresponsible contracting practices of this multi-billion dollar foreign US Defense contractor, my brother was killed.
Our family finally received the AR 15-6 report eight months after Rocky’s death, just two days before Christmas. The report gave no information about the company or the driver who killed him. Accident scene photos later showed KGL’s name 20 inches high written across the front of the vehicle with other KGL trucks and 18 people who were at the scene that day. Some reported inaccuracies surrounding the crash tarnished Rocky’s honor with insinuations that his death was his own fault. The officer who accompanied the report said in all his years, he had never seen anything quite this bad. It was a dark day.
This is the KGL truck that killed LTC Rocky Baragona on May 19, 2003
No family should be tasked to do their own investigation into the death of their loved one. Now, in shock and grief following this report we did just that.
Distraught and with disbelief toward the military who appeared now to have abandoned and betrayed us, we looked for legal recourse. After 700 attempts failed to find an attorney who would consider our case, we found Steve Perles Law Firm. The Steve Perles Law Firm are experts at plaintiff claims in international laws and Middle Eastern affairs. Their skills were the cutting stone for what appeared to be an impossible set of circumstances and we relied heavily on their skills and expertise. Mr. Perles instructed us how to reach out to the military, Congress and even the White House to get results, in spite of our grief.
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Other Related Posts From Ms Sparky
- Rocky Mountain hijinx and other news
- The LTC Rocky Baragona Act (Part II)
- Contractors and Government: Till Death Do Them Part
- I Got Mugged In Istanbul-Part 2
- I Got Mugged In Istanbul-Part 1
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Thursday, August 5th 2010 at 3:59 pm |
I have been part of 2 AR-15 investigations and the Tillman case should tell you all you need to know about the integrity of the Army and the ability to investigate themselves. Congress needs to abolish IG investigations and any other that allow the Agency to investigate themselves.
It is impossible to get justice with such biased incompetence. Then they leave it to the Army to basically reprimand itself. Impossible to get justice. You say it is white and they say it is black.
The on-going incompetence of the U.S. Army IGs which is basically the start of an AR-15 and the criminal accomplice actions of the DOJ, FBI and the U.S. Army CID by not bringing the charges that are required by law are what cover-ups are made of. Or, as in the case of the Army CID, they apparently are sent to Kuwait with instructions not to pursue any criminal actions of Kuwait companies.
We seem to have no action out of the Subcommitte for Contracting Oversight. What is going on Senator Claire McCaskill? McCain ? Those DoD Contractor contributions seems to have taken your teeth out.
Thursday, August 5th 2010 at 9:27 pm |
The loyalty is to the U.S. Army and not to the U.S. Taxpayer or the citizens of the United States. Tillman was a prime case of cover-up. Did any 4-Star Generals lose their jobs over that one.
General Petraus was involved in the one I know of in Iraq and it took him to fix the situation that his low level officers were covering up and keeping from the State Department. The Army’s cover-up cost a lot of innocent Iraqi lives by not sharing the problem. The AR-15 only covered up for the incompetence of Army 0-6s and O-5s, and those responsible were never charged. Good how that system of self-investigation works out for them? Rule of Law or Loyalty ?
Tell me where the loyalty is for an Arab owned company that has anything to do with an AR-15 and the law ?
Friday, August 6th 2010 at 12:22 am |
Small correction:
“”Iranian owned company with strong ties to the Iranian government”"
Friday, August 6th 2010 at 12:20 am |
Unfortunatly if you looked at all the trucks on bases in iraq and afghanistan and i mean all not just the so called jingly trucks but ones run by kbr/fluor/dyncorp and the likes you will find a lot of them would be taken of the road immediately by the DOT.We do not have the properly qualified mechanics to repair trucks properly.
Friday, August 6th 2010 at 12:45 am |
There is a Prime Contract in place and it has terms and conditions. What you are saying once again just shows the incompetence of the Army to oversee a contract. The Defense Contract Management Agency have Quality Assurance Representatives and they are in a position to oversee contracts and enforce the terms and conditions. Let the Army keep taking their kickbacks and bribes to get the contracts in place, but let DCMA run the contract.
Those companies that cannot comply with contracts should be warned then terminated. But if you have the same corrupt Army Contracting Officers that put the contract in place overseeing it, what does the taxpayer expect – competence and integrity. Impossible. Look at just one base they are at – Camp Arifjan and 30 contracting officers who have gone to jail. $ 6 Billion unaccounted for in Iraq. $ ?? Billion unaccounted for in Afghanistan.
Friday, August 6th 2010 at 2:48 am |
You bring up another point about foreign contractors (TCNs) who are “barred” by their governments to work in a certain country like Iraq or Afghan. I don’t know the nationality of the driver in this incident, but if he had been a Nepalese or Filipino, driving in and out of Iraq, what would the government have to say about that. Who verifies their licensing and certifications or do we just say “can you drive a truck” and throw them the key when they nod in the affirmative?
Sunday, August 8th 2010 at 11:14 am |
Except from a letter written to Sec Robert Gates from Congressman Tim Ryan and Steve Dreihaus asking for a criminal investigation of KGL.
The official U.S. Army 15-6 2004 accident reconstruction report found that the driver caused Colonel Baragona’s death, but a criminal investigation into the circumstances surrounding the traffic accident never occurred. Mahmoud Muhammed Hussein Serour, the KGL driver was airlifted to a military hospital after the accident, from which he later disappeared. KGL later claimed that he quit his job, and moved back to Egypt but did not have his contact information. Other troubling facts have emerged from the US Army investigation of this accident. It is clear from US Army photographs of the accident that the KGL truck did not have a license plate at the time of the accident, which is a violation of Kuwaiti law.[2] The truck could not have crossed into Iraq through security checkpoints without a license plate, which leads to the presumption that the license plate was removed after crossing the checkpoint for illicit activities. The KGL truck also disappeared immediately after the accident.[3]
There remains an open question whether KGL was properly insured for the accident as required by the U.S. government contracts, and therefore U.S. procurement law, it was operating under at the time of accident. The question remains critical because KGL never offered an insurance payment to the Baragona family, testified in a U.S. federal court proceeding that it did not retain any records of its insurance contracts for the time period involved and has refused to produce its response to a request for information from the U.S. Army Legal Services Agency, Fraud Procurement Branch regarding this issue.
If KGL did not carry the insurance required under the FAR for the performance of its U.S. government contracts, criminal penalties could result. The FAR contains several mandatory insurance clauses which are incorporated into a wide variety of federal contracts, including transportation contracts, e.g. FAR 52.228-8. The historic purpose of those clauses is to serve two equally important public policy goals. First, they are to protect innocent third parties from financial losses experienced through the negligent acts of contractors while in the performance of government contracts by making liability insurance coverage an available resource for the satisfaction of any damages to innocent victims of contractor negligence. The second purpose is to protect the United States from lawsuits by those third parties under the theory of respondent-superior. A former KGL employee named Robert Stephens stated to Steven R. Perles, representative for the Baragona family, that:
[H]e had been directed by Mohamed Fahmie, a legal advisor for KGL at the time, to improperly certify that KGL carried the proper insurance requirements for US government contracting, even though KGL did not meet the US government insurance requirements. Mr. Stephens believed this to be an act of procurement fraud and refused to bid on the contracts that required him to make those certifications. He was subsequently let go.[4]
Counsel for the Baragona family filed this statement in an affidavit in the United States District Court for the Northern District for the District of Georgia
Sunday, August 8th 2010 at 2:11 pm |
So, we all know that DLA and the Army could not organize children lining up to see Santa Clause (Well, except for Major Woolverton) So, where the heck is DCAA to audit the contract? Then whose job is it to press the charges once they determine the driver wasn’t qualified or the truck not in compliance? The DOJ ? The Army ? The Army CID or the FBI.
Between all of them surely they should be able to figure out if they had the required insurance or not.
Sure the license plate didn’t come off in the accident?
Where is the driver? Why did the Army CID track him down and get a statement that became part of the record. Ok, maybe they cannot travel out of Kuwait. What about the FBI ?
The KGL case was tossed in the U.S. – so you go back to the Prime Contract terms and conditions and then hold the Contracting Officers responsible to do their jobs when the violations are brought to them. Or you bring charges against them for not doing their jobs. What are the Contracting Officers names on the Prime Contract ?
Tuesday, August 17th 2010 at 8:08 am |
Sherman Letter[1]
Tuesday, August 17th 2010 at 8:16 am |
Very hard to envision how KGL will prevail in its protest bid to take the new PV contract away from Anham in light of the letter to Sec. Def/ Gates from 2 U.S. members of Congress, posted above.
However, I understand there is a second, different company that has filed its own bid protest against the PV award to Anham.
Tuesday, August 17th 2010 at 12:13 pm |
Where is the link to that letter. I only see the first half on what you posted and not who signed it. Google under the Subject line doesn’t get another copy to see.
Wednesday, August 18th 2010 at 9:28 am |
Sorry, I’m new to Scribd — I hope this link works better. I think there’s a vertical arrow at the bottom that lets you turn the page:
http://www.scribd.com/doc/36013297/Sherman-Letter-1
Friday, August 6th 2010 at 3:31 am |
There is a Prime Contract. What Agency is overseeing that the terms and conditions are followed. Was it one of the Camp Arifjan Contracting Officers that has gone to jail. Too busy collecting bribes and asking for kickbacks to oversee the contract?
Do you see any relation to oversight of the contract and not being qualified or capable. Or, it just isn’t possible due to their culture.
How long does the American tax-payer put up with lack of oversight before something is done.
We have a Subcommittee for Contracting Oversight that should be answering that question ?
Friday, August 6th 2010 at 3:34 am |
License plates aren’t required (read enforced, especially for OIF contractors) in Iraq and contractors routinely remove them once they have entered into Iraq to prevent civilians and other contractors from stealing them. Ask around. This is common practice amongst most transportation companies that send their assets to Iraq. Regarding proper training, I completely agree with you. Compared to the western world standards, most of these “trained” drivers take a week long course and are designated as “qualified”. Some are excellent drivers, but it only takes one poorly trained, overworked driver to cause an accident or death.
I’ve personally looked into the claim that several companies are/were banned form recruiting in India. This isn’t fact based. What’s factual is that these companies, along with most of the OIF/OEF contractors are placed on a watch list to prevent trafficking. Regardless if a company has had allegations of human trafficking, several have been placed on the list. The company I work for is included on the list despite a clean record of hiring abroad.
What many of these reports of human trafficking don’t report on is the fact that many, not all, Phillipinos and Nepalese personally choose to disobey their government’s rules and venture into Iraq and Afghanistan in order to obtain a greater salary. That doesn’t make it legal or right, but it is fact.
Completely agree about the issues of the USG failing to enforce contract compliance regarding vehicle specifications and driver training. The USG includes Quality Assurance Surveillance Plans (QASP) in most of their contracts, but typically only inspect on occasion. Only in the last 1-3 years has the USG started inspecting on a more regular, random basis. Obviously this doesn’t help the soldiers that have been severely injured or killed due to the deficiencies. I blame both the contractor for not abiding by the contract regulations and the USG for not policing the vendors.
The USG’s and private industry’s insistence to “get it done” has led to cutting corners. There lies one of the most significant problems. Claiming “it’s war” or a “contingency operation” doesn’t excuse trafficking people or jeopardizing people’s safety and lives.
I’m glad we have outlets like Ms Sparky to expose and ultimately correct these violations.
Saturday, August 7th 2010 at 9:14 am |
As a Filipino American, I would have to “DISAGREE strongly” with JHowds’s “LAME” comment about the “Filipino and the Nepalese” drivers, “Personally choose to disobey” their Government’s rule….
Here’s what Mr. JHowds failure, to tell you (THE PEOPLE) and the general public.
I have lived here in Kuwait, for the pass 6 years.
I have witness AND LEARNED; how intrequit, wide spread AND ENTRINGED “CORRUPTION” is, in the Middle East. As a DOD Civilian Contract Worker myself, I can see how the LACK OF OVERSIGHT, LAX OF APPLICATION OF THE LAW BY BOTH U.S. GOVERNMENT AND LOCAL GOVERNMENT and it’s “weak and corrupted system” can easily manage to “TRAFFICK WORKERS” paving the way for further “exploitatin of workers” HERE IN THE MIDDLE EAST.
The falsification, Cover up and colaboration; amongst American Companies,Gang Like Organization AMONGST Management; running these programs WHICH INTER ACT WITH, ARAB Local vendors and ARAB business Owners (who hire and often times TRAFFICK WORKERS to work in Kuwait, Iraq and “no doubt” in Afghanistan)
Here is how the SCHEME OR SCAM IS CARRIED OUT.
Arab Companies, will hire a Retired, High Ranking Military Official(s) mostly U.S. Army, for the PURPOSE OF INFLUENCE AND “ACTIVE CONNECTION” OR AFFILIATION” with the “active and current” contracting officer/Military.
Corruption, is then even “pushed” further into the ACTIVE MILITARY RANKS. A “GANG LIKE, organization” of the “U.S. Military” for the Arab Company to be given directions, series of “Expensive Restaurant and Private Meetings” are then arranged and colaborated for careful planning and manipulation of the SYSTEM.It is then coordinated with the PROCUREMENT OFFICERS TAKING (BRIBE OR PAY OUT)
This criminal activity and conspiracy is wide spread and cuts thru, not only the Military, but also the American Companies, in colaboration with the Local Vendors and Local Business Owners, who has “CORRUPTED OFFICIALS” THAT WILL DO WHAT EVER MEANS NECCESSARY TO “PROCURE THE CONTRACT, SINGLE HANDEDLY” to one Arab, Company and eliminating other competition by means of (WASTA).
WASTA MEANS: UNDERGROUND CONNECTION, USUALLY CORRUPTED OFFICIALS IN “MIDDLE EAST”, WELL ORGANIZE AND RICH POWERFUL OFFICIALS, WHICH WILL TAKE A “SHARE OF THE “PROFIT” MADE BY THE ARAB, COMPANY THAT GETS THE CONTRACT, FROM THE U.S. MILITARY, ARMY OR AIRFORCE.
Thus, “TAX PAYER’S MONEY” IS UN-ACCOUNTED FOR. WITH ARROGANCE, CARELESSNESS AND GREED OF THE PEOPLE THAT ARE PUT IN CHARGE; BUT, INSTEAD THEY CORRUPT THE SYSTEM.
The “Filipino and Nepalese drivers” are helpless.
Choice as Mr. JHowds mentioned, is not a “Choice” it is carefull “channeling”, rampant, “out right” discrimination and exploitation of “people and workers” by the Arab Companies, that withhold passports and bringing them to work in this country.
There are no “choices” as the choices “given” to them is made, before they even “hire in” as a worker. As Mr. JHowds speaks about is a choice of “funneling and careful planning” of Management and the Greedy Arab Companies and Greed of American Companies and U.S. Military Officials.
Which, perpetuates the “situation” and supports the “TRAFFICKING OF THESE WORKERS” with the lack of “oversight” and lax of Laws and regulation applied to Local Arab Companies doing business with U.S. Military; which started colaboration with “GREEDY” Companies and Corrupted officials.
The “DRIVERS” are no less a “victim exploitation” of the system that is “created” by the “CORRUPTED” U.S. Military, American Companies and it’s managers and Local Arab Companies, coordinating, colaborating and manipulating the system.
Here is the FACT…..If the Filipino and Nepalese drivers, are not being “EXPLOITED” or being “TRAFFICKED” and are given a fair direction and chance to make an honest living and “FAIR WAGE”. Do you really believe, as a responsible person, would still commit the act of “disobedience”……tell me, I am wrong…..
Mr. JHowds, have you been treated or have you been in their shoes……then how can you make that “statement” you made regarding “disobey Government’s Regulations”
Saturday, August 7th 2010 at 9:28 am |
Which sadly, also lead to the result of the death of LTC, Rocky Barogona…..with Local Arab Companies trying to save as much money and being able to “falsify and bring these workers to work” which are sometimes not “qualified” but are given the authority.
Big Profits are taken from U.S. Military “contracts” but in the end, these workers are “neglected” and paid alot less than what the contract originally wanted to pay the “workers” due to “intermediates after intemediates” layers of company that “takes most of the profit” while workers get the “brunt” of the hard work and “menial salary”…….which answers why sometimes you get some “very” unqualified workers……and fabrication of their training and certificates that does not give them enough time and experience……
Saturday, August 7th 2010 at 9:46 am |
I can state that some Phillipinos and Nepalese choose to disobey their own government’s regulations because I see it first hand every day in transportation operations in Kuwait and Iraq. These hard working, risk taking individuals are simply trying to make a better life for themselves and their families. Most maintain possession of their passports. Most are free to return home anytime the choose. Do some companies exploit their workers? Yes. But it’s irresponsible to cast a net openly and include all workers and companies within your allegations.
Saturday, August 7th 2010 at 4:03 pm |
First, I never said “all”. I said “companies”.
Second, I was only filling in, what “missing” information you failed to “say” before you made your ignorant “statement” about workers disobeying Government Regulations.
Third, Mr. Howds is the “choices” as applied to “better your life” the action you take as to “gain or sustain your purpose to live or to better your life or yourself through natural selection process and keep your “Livelihood” as a person.
“Choices” I was speaking of, are positive choices, but those positive choices are already “systematically funneled” which leads you to “disobedience” of the Government Regulations and in order for you to recieve a “decent salary”
Let me explained to you “systematic funneling” of “workers” so you can better understand what I am saying…..Mr. Howds
“Management”(Man or woman) will release the horses in a wide open range. But, within that “plain or range” you already know the “geographic, layout of the land” before you release the horses (hire te workers). Where you release the horses “LACKS, THE SUSTAINMENT OF LIFE TO FEED(livelihood)” feeding and grazing IS very LIMITED (SALARY IS NOT ENOUGH) The fertile ground and the abundance of grass is where the “horses” are not suppose to go “restricted area”(disobey the Government Regulations). By laws of nature and systematic calculations of the man (Management); that release(hire) the horses(people)……where do you think the “horses” will end up “eventually”(funneled) to make the choices due to “hunger”,the lack of support to sustain Life and keep your livelihood and purpose……….hhhhmmmmmmmmm
Are you getting this Mr. Howds are you catching my drift…….People in some “countries like Nepal and Philippines are given “very limited” (funneled) choices and those choices are already “set” to where they will have to “violate” in order to “accumulate”…….
So, your likely “choices are” to disobey the regulations. Management, will then subject you to be funneled into making these decisions……..to meet your “financial goal” and to make “ends meet”. it’s called “institutionalize exploitation and discrimination” of “targeted” group, cultures and race”
Mr. Howds, is that clear enough for you to Understand……good let me know, if you are still having trouble…….
Mr. Howds, being responsible means; you are taking the necessary steps, to account for your actions and statements made.
I am taking the initiative or the “responsibility” of “schooling you” of your “own ignorance” in which you just openly make statements and “disregarding” the facts. Your own inability to “comprehend” what other Race and cultures are “subjected to” in which you “lack” to understand. Your status in “society” and your natural arrogance “ignorance” towards people; “which blinds” you and perpetuates “stereo type attitude” towards others….does not constitute “Responsibility”
Responsibility, starts from listening, understanding, being able to weigh the facts and evidences presented; without prejudice and making effort to correct the wrongs, in our Society and the Life we live.
Saturday, August 7th 2010 at 9:14 pm |
I left my home country to “accumulate”, so I guess I would be classified as “funneled” due to the lack of opportunities in my native land. Your argument holds no water Julius. Considering I clearly stated both sides of the spectrum, I find it difficult for anyone classify my comments as ignorant.
I think you should reread my previous post. I’m opposed to human trafficking and/or manipulating potential hires or current employees to send them to Iraq or Afghanistan. My company simple avoids hiring from any the countries that don’t allow travel to Iraq or Afghanistan. Now I’m sure you’ll admonish my company for not providing equal opportunity to everyone. Just another sad example of blaming others for your position in life. Are you related to Obama, Pelosi, or Reid? Shall I send you some of my tax dollars to support your failed cause?
Sunday, August 8th 2010 at 2:06 am |
I appreciate your “explanation” which is good to know the facts, before we make our statement. Your political assumption about me and your last sentence you made, though proves to me your arrogance and your ignorance.
Much of what I was saying does not “apply” to you Mr. Howds, unless you are guilty of it or supporting it. But, I feel the sensitivity issues has got you all worked up. Ignorance is not a bad word, but it’s a term used, when others make assumption about people’s lives, and makes statements without knowing the pass and the facts; which is usually based on “stereotypes” due to arrogance and ignorance. Mr. Howds, I never called you a “RACIST” so why are you getting all worked up?????
It’s hard to “fill a cup” when it is already “FULL”
I thank you for your time and for your “responses”. I believe, we need to stop this “debate” because after all this is suppose to be for LTC Rocky Baragona’s issues so the “family” can get assistance from people who might know the answers or cause to Mr. Baragona’s passing.
Take care Mr. Howds and have a great day……
Sunday, August 8th 2010 at 10:12 am |
KGL has a Prime Contract and it comes with all the responsibilities for training, terms and conditions. No one else is responsible other than the owner of KGL. (do we need that ownership certificate out of the Kuwait Chamber of Commerce ? 6 KD)
The 2 Ohio Senators tried their best as did Senator Claire McCaskill who wrote to Bush-left-over Gates.
The driver bears responsibility in that he should have been charged with manslaughter. Did he get charged?
Sunday, August 8th 2010 at 9:42 pm |
I really do not undrstand why people must insert selective memory just to cast aspersion or slant to their views.I am referring to Pam’s comment on Bush with WMD. Just because we did not find them did not mean they did not exist. She failed to point out the thousands Sadam killed by poison gas, which is a WMD. It is not difficult to figure out that he wanted other types as well and would have used them! She also forgot about the 30 jet fighters we found buried in the desert that were in good condition in 04 0r early 05. Hm,in the US we are still finding things from ground zero that we thought we searched thoroughly.