» 2010 » September Ms Sparky

U.S. District Judge Terrence F. McVerry…very very confused

Posted on: September 12th, 2010 at 5:55 am — by Ms Sparky

U.S. District Judge Terrence F. McVerry

Judge dismisses veteran’s lawsuit against Iraq war contractor

He claimed tainted water sickened him

Saturday, September 11, 2010
By Paula Reed Ward, Pittsburgh Post-Gazette

Click HERE Judge McVerry’s Opinion

A federal judge has dismissed a lawsuit filed by a former soldier who claimed he was sickened because a military contractor running an Iraqi water treatment facility failed to warn him about chemical contamination there.

Glen Bootay, 31, of Pleasant Hills, filed the complaint one year ago alleging negligence, breach of contract and fraud against KBR, which was tasked with getting the Qarmat Ali water treatment facility up and running again.

Mr. Bootay, who joined the Army the day after the Sept. 11, 2001, attacks, was sent to Qarmat Ali in April 2003. He stayed at the plant for only four days.

He claimed in his lawsuit that the facility was coated in an orange dust called sodium dichromate, a dangerous chemical known to cause cancer.

The Iraqi Baath party allegedly spread the chemical to sabotage the treatment plant.

Mr. Bootay, who was honorably discharged from the Army in September 2003, claims that he suffers from constant headaches and chest pain, collapse of his lungs, extreme fatigue, the inability to sweat, kidney stones, loss of consciousness and short-term memory loss.

Though U.S. District Judge Terrence F. McVerry called him a “sympathetic plaintiff,” he wrote in his 22-page opinion released Thursday that KBR had no specific duty to prevent Mr. Bootay’s exposure to the sodium dichromate.

“It was the Iraqis who created the sodium dichromate hazard and it was the Army who ordered Mr. Bootay to perform a duty mission at Qarmat Ali,” the judge wrote.

Although KBR had a duty to inform the military about the contamination, that duty does not extend to individual service members, he continued.

Requiring KBR to do so would intrude into the military’s chain of command, the judge said.

“Similarly, although the public undoubtedly has an interest in notifying soldiers of possible exposure to environmental toxins, that interest is distinctly outweighed by the public interest in the military’s ability to conduct a war,” Judge McVerry wrote. “Indeed, the military routinely exposes its soldiers to more direct and substantial dangers.” (click HERE for original article)

I have highlighted some of Judge McVerry’s statements above. I am going to add them to my list of “The most idiotic things I’ve heard a judge say!” ~ Ms Sparky

Posted in CHEMICAL AND OTHER EXPOSURES, GOV. CONTRACTORS, LAWSUITS, Qarmat Ali Lawsuits, RIO-KBR, Sodium Dichromate @ Qarmat Ali. Tags: Glen Bootay, Hexavalent Chromium, Judge Terrence F. McVerry, Law, Lawsuits Against KBR, Sodium Dichromate. 24 Comments »

9/11 Nine Years Later

Posted on: September 11th, 2010 at 1:00 am — by Ms Sparky

9/11 Fatalities included the following (from Wikipedia)

Everyone aboard the four planes (no one aboard the hijacked aircraft survived)^[20] This includes (not counting the hijackers) 79 passengers and 11 crew members aboard American Airlines Flight 11;^[21] 51 passengers and 9 crew members aboard United Airlines Flight 175;^[22] 53 passengers and 6 crew members aboard American Airlines Flight 77;^[23] 33 passengers and 7 crew members aboard United Airlines Flight 93.^[24]^[25]
2,606 in New York City in the towers and on the ground:^[2]
- This includes 343 New York City Fire Department firefighters, 23 New York City Police Department officers, and 37 Port Authority Police Department officers.^[26] Casualties of the 9/11 attacks also included 15 EMTs^[27] and 3 Court Officers. Approximately 2,000 first responders were also injured in the attacks.^[27]
- 1,366 people died who were at or above the floors of impact in the North Tower (1 WTC); according to the Commission Report, hundreds were killed instantly by the impact while the rest were trapped and died after the tower collapsed (though a few people were pulled from the rubble, none of them were from above the impact zone).^[28]
- As many as 600 people were killed instantly or trapped at or above the floors of impact in the South Tower (2 WTC). Only about 18 managed to escape in time from above and in the impact zone and out of the South Tower before it collapsed.
- Of those who worked below the impact zones, only 110 were among those killed in the attacks. The 9/11 Commission notes that this fact strongly indicates that evacuation below the impact zones was a success, allowing most to safely evacuate before the collapse of the World Trade Center.^[29]
125 in the Pentagon^[3] Of the 125 victims in the Pentagon, 70 were civilians and 55 were military personnel.^[18] Lieutenant General Timothy Maude was the highest ranking military official killed at the Pentagon.^[19]

Since 9/11/2001

4418 American Soldiers have died in Iraq fighting terrorism (4736 total coalition troops) 31, 929 US troops have been wounded in Operation Iraqi Freedom.
1,457 Contractor employees have died in Iraq supporting US troops
338 Journalists have died in Iraq trying to cover the story

1279 American Soldiers have died in Afghanistan fighting terrorism (2071 total coalition troops)

I couldn’t find accurate numbers for the number of civilian contractor employees killed in Afghanistan. If you have those send me a link and I will update.

Are we any closer to apprehending Bin Laden? I don’t think so. Personally, I think we are farther! I’m not convinced we are even trying!

Ms Sparky

Posted in Holiday Tribute To Soldiers, Miscellaneous, Politics. Tags: 9/11, Flag Etiquette*, Holidays*, Osama bin Laden. No Comments »

Saudi firm won’t turn over records to Pentagon in bribery probe

Posted on: September 10th, 2010 at 7:03 am — by Ms Sparky

WASHINGTON — A Saudi subcontractor has refused to cooperate with a U.S. investigation of bribery in Iraq. The Al Tamimi Group, a Saudi subcontractor in Iraq, has rejected demands by the Defense Department to inspect the company’s records. The Pentagon’s Defense Contract Audit Agency has sought to trace the relay of hundreds of thousands of dollars in bribes by Al Tamimi to U.S. contractors, including KBR.

“Problems can arise when either the U.S. government or the prime contractor conducts a review or audit based on an inconsistent approach or what we would respectfully suggest is an improper interpretation of the generally accepted government standards,” Tamimi general manager Perry Dalby said.

Officials said the U.S. government investigated Tamimi for four years on charges that executives relayed bribes to win American military subcontracts in Iraq and Kuwait. One Tamimi manager, Mohammad Khan, has pleaded guilty to 14 counts and confessed to paying $133,000 to KBR. In 2009, Khan, sentenced to 51 months in prison, said the money helped win $21.8 million in KBR contracts.

The Wartime Contracting Commission has also been investigating Al Tamimi in the alleged kickback scheme. Members of the government panel said Al Tamimi could have won $49 million in contracts from a range of U.S. companies.

So far, Al Tamimi has refused demands by the Pentagon and KBR to examine Saudi company records. The investigation has sought to determine how Khan obtained the bribes for KBR and other U.S. contractors.

Dalby, also ethics director of Al Tamimi, said his company was not required to supply its records. He maintained that Al Tamimi did not benefit from Khan’s bribes and could not find the $133,000.

“The company itself did not profit or did not gain any awards as a result,” Dalby said.

Officials said Al Tamimi represented the tip of the iceberg in what they asserted was massive corruption and bribery to win subcontracts in Iraq and Kuwait. Al Tamimi, with 30 divisions, operates in Bahrain, Kuwait, Qatar and the United Arab Emirates and maintains partnerships with General Electric and ITT.

“Up to $300 million in subcontracts in Iraq and Kuwait were allegedly tainted by a Saudi-based subcontractor employee’s kickback scheme,” the Washington-based Center for Public Integrity said.

The center cited testimony from former contractors in Iraq that local companies provided prostitutes to win projects for the U.S. government and military. Subcontractors were said to have played a major role in Iraq and regional countries for such services as translation, logistics and security.

But officials acknowledged that U.S. investigations of Al Tamimi and other subcontract bribery have been hampered by foreign governments. They said Middle East governments often failed to take bribery seriously.

“Without good subcontract control by prime contractors and good oversight by the government, we risk not only wasting money, but also depriving our troops of support they need, overlooking misconduct that alienates local populations, and even handing funds to violent insurgents,” Michael Thibault, co-chair of the Wartime Contracting Commission, said. (Click HERE for original article)

Posted in Commission on Wartime Contracting (CWC), GOV. CONTRACTORS, Indictments, Convictions & Arrests, LOGCAP III - KBR, Reports & Investigations. Tags: Al Tamimi Group, Commission on Wartime Contracting, KBR, KBR Contract. Tamimi Global Co., Maj. Gen. Perry Dalby*, Michael Thibault, Mohammad Khan, Prostitution, Retired General's Club, Tamimi Global Company Ltd (TAFGA). 9 Comments »

Iraq Burn Pit claims will proceed – Another stunning blow to KBR

Posted on: September 10th, 2010 at 7:00 am — by Ms Sparky

This is very very good news for those hundreds maybe thousands of victims of KBR burn pits in Iraq and Afghanistan. This is the 3rd crushing blow to KBR legal team in a month. First was the courts denial of KBR’s Motion to Dismiss in the Electrocution Death of SSG Ryan Maseth. Now it will proceed to trial! The second was the courts denial of KBR’s Motion to Dismiss in the Qarmat Ali chemical exposure case of the Oregon National Guard Troops! Now it will proceed to trial. I hope there will be more and more denials of KBR’s Motions to Dismiss. ~ Ms Sparky

A Federal Court Judge has ordered that claims against military contractors, KBR (Kellogg Brown and Root) and Halliburton, may proceed. Sick soldiers deployed in Iraq and Afghanistan filed claims against the corporations because of “alleged failures of the military contractors to treat water and dispose of waste in a manner required” by their contract with the US Military.

Judge Roger W. Titus, in his 41 page opinion, dismissed the jurisdictions of the defendants and is allowing limited discovery to go forward. He also invited the participation of the US Government as an “amicus curiae, “friend of the Court,” in formulating the discovery plan.

A lawsuit is currently pending against Kellogg Brown & Root (KBR) and Halliburton on behalf of soldiers who were exposed to burn pits in Iraq and Afghanistan. The corporations were awarded US logistical contracts to support military in the war theaters.

In its ruling the Court stated, “In tension with the exercise of caution supported by these legal defenses is the legitimate concern that the judiciary may prematurely close courtroom doors to soldiers and civilians injured from wartime logistical activities performed by hired hands allegedly acting contrary to military-defined strictures. Courts must be prepared to adjudicate cases that ultimately expose defense contractors to appropriate liability where it is demonstrated that they acted outside the parameters established by the military and, as a result, failed to exercise proper care in minimizing risk to service members and civilians.”

Soldiers returning from Iraq and Afghanistan have report illnesses, including: cancers, respiratory disease, skin disorders and cancer following there tours of duty. Six deaths have been reported from early onset of leukemia and many more under treatment for malignancies. (click HERE for original article)

Here are some other great articles on this victory!

Strike Two on “Just Following Orders” Defense – David Isenberg

A second setback for KBR: Motion to Dismiss Burn Pit cases rejected – Doyle Raizner

Defense Cover-Up Management Agency (DCMA) – Part 2

Posted on: September 8th, 2010 at 4:44 pm — by Keven L. Barnes

US Air Force MSgt Keven L. Barnes

This is Part 2 in a series of original articles to be published on MsSparky.com by former DCMA QAR Keven L. Barnes discussing his personal experiences with the oversight of KBR’s LOGCAP III contract. Defense Cover-Up Management Agency (DCMA) – Part 1 can be read HERE.

The next Statement of Procedure (SOP) I was to turn my attention to was the Water. The concern about the water in the Green Zone was elevated after laundry operations went down for 17 days because the laundry machines became contaminated with diesel fuel. In addition, I had several complaints from military personnel that their showers “smelled like diesel fuel”. I heard that same complaint nearly every week. I told our DCMA commanders about these concerns and they laughed it off. No action was taken to locate the cause of the fuel smell by either Col Miles or his replacement, U.S. Army Col McQuain.

The State Department and US Embassy personnel became very upset about the laundry being shut down (no dry cleaning services) and I was told to find out the cause. Now I have have clients of the LOGCAP contract informing me their shower smells like diesel fuel and the laundry goes down for 17 days because of fuel contamination. I felt the next logical step was to perform an inspection of the KBR Water Operations to assess their compliance with the Statement of Procedure. I informed KBR of the impending Water Operations inspection and gave them a week to prepare. To that date, KBR’s Water Operations in the Green Zone had never been inspected by DCMA. I questioned on a daily basis what the previous DCMA Quality Assurance Representative (QAR) were doing? The Statement of Procedure for Water Operations stated the requirements for super chlorinating, daily inspections and logbooks. I was to find that none of these requirements were being adequately performed, if at all. (Read the rest of the story here…)

Dyncorp & DRS Technology employees killed in Afghanistan (Updated 9/13/2010)

Posted on: September 7th, 2010 at 11:52 am — by Ms Sparky

I have just received a confirmed report there was a September 6, 2010 attack on a forward operating base Howz-e-Madad in Kandahar province Afghanistan. This attack took the lives of two DynCorp LOGCAP IV employees and one DRS Technologies employee and wounded seven others.

Updated September 13/2010: I this press release from DRS Technologies. Click HERE for the original

DRS Defense Solutions Mourns Loss of Employee

FOR IMMEDIATE RELEASE

Bethesda, MD, September 13, 2010 – It is with profound sadness that DRS Defense Solutions LLC confirms the death of one of its employees who was killed September 6th, 2010 during an attack on a forward operating base in Howz-e-Madad, Kandahar province, Afghanistan.

Javier de la Garza, 27, of Austin, TX, served as a communication technician in support of the U.S. Army Logistics Civil Augmentation Program IV (LOGCAP IV) mission in Afghanistan. He lost his life in an attack that also took the lives of two other civilian personnel and wounded several others.

Mr. de la Garza had been employed by DRS Technical Services as an Internet Protocol Field Specialist since March of this year. He was a veteran of the U.S. Army where he served four years as a Military Intelligence Analyst. He is survived by his mother Dalia de la Garza, and a sister. (Read the rest of the story here…)

Posted in CONTRACTOR DEATHS, GOV. CONTRACTORS, LOGCAP-Dyncorp. Tags: Alan Herzel, DRS Technologies, DynCorp*, Howz-e-Madad, IBEW, Javier de la Garza, William Allen. 42 Comments »

Did the Feds screw up the case against Agility on purpose?

Posted on: September 5th, 2010 at 8:35 am — by Ms Sparky

Is anyone else starting to feel like the baby elephant? (Yes...that is poop on his head!)

What hell is going on here? I’m beginning to believe the DoJ and DoD screwed up this case on purpose so those 15 million pages of discovery don’t become a matter of public record and totally implicate the incompetence of the Department of Defense. Any other thoughts on that? ~ Ms Sparky

Judge urges feds to drop case against Agility

By Greg Bluestein – The Associated Press
Posted : Friday Sep 3, 2010 15:57:25 EDT

ATLANTA — The federal case against a Kuwait-based food supplier accused of defrauding the U.S. government of $68 million was dealt a stinging setback after a judge moved to block the charges.

U.S. Magistrate Judge Alan Baverman recommended that fraud charges against the Public Warehousing Co. not go forward because the indictment had not been properly served. A federal judge must now sign off on the move.

Prosecutors then asked Friday to have remaining charges dropped against the company’s U.S.-based subsidiary, Agility DGS Holdings. Prosecutor Barbara Nelan said she didn’t want the subsidiary to be a “straw man” that took the fall for its parent company’s wrongdoing.

The moves aren’t likely to be the end of the case. Nelan said that investigators are still gathering details on the company’s contracts and she did not rule out a new indictment for the companies.

“This investigation is broadening every day,” she said.

The food supplier’s attorneys, too, are bracing for new charges. Tom Bever, who represents Agility DGS Holdings, urged the judge to order prosecutors to hand over more than 15 million pages of discovery, even if the case is dismissed, so they can prepare for a new round of charges.

Prosecutors in November unveiled the indictment charging the Kuwaiti company with manipulating a complex funding formula to defraud the U.S. government of at least $68 million in contracts to supply troops in Iraq, Kuwait and Jordan.

But since then, federal authorities have been locked in a legal battle with the Kuwaiti company’s attorneys over whether the company was properly served with the charges.

Baverman sided with the supplier in a 91-page filing Thursday, finding that attempts to serve the Kuwaiti parent company with indictments were “insufficient.”

The indictment claimed that the Kuwaiti company provided false invoices and statements to a logistics center and knowingly inflated prices since 2003. And it said the company received rebates and discounts from vendors that it did not pass on to the government as required by the contract.

The company was also charged with inflating fees by asking vendors to manipulate the way the products were packed, enabling it to bill the government twice as much as it should have.

Agility said in a statement that it welcomed the judge’s findings, and that it hopes to resolve the dispute outside of the courtroom but it is prepared to “defend itself vigorously if that dialogue is not fruitful.”

“The company continues to believe this case involves a civil contract dispute and should not be a criminal matter,” it said. (click HERE for original article)