The LTC Rocky Baragona Act (Part II)

, age 42, was killed on 19 May 2003 when his vehicle collided with a tractor trailer driven by a foreign national working for Transportation Company. Baragona died at the scene. (photo courtesy of Baragona Family)

This is Part II of The Rocky Baragona Act continued from The LTC Rocky Baragona Act (Part 1)

Foreign Contracting and Human Trafficking

Working to uncover the truth behind Rocky’s death, we learned that truck drivers often complained of being trafficked; forced to deliver goods, against their will, to US troops in Iraq. Some had been kidnapped, others arrested for smuggling on the black market. A former employee spoke of insurance fraud and falsification of documents in order to win Army contracts; however, fear has kept him silent.  Through our own investigating we learned that had been banned in India for recruiting scams. These scams included bringing in untrained drivers to drive trucks on a promise that the driving would be in country, only to find out that they would be driving into Iraqi war zones.  With no passport, no money, and the threat of breach of contract, these drivers were forced to drive into Iraq with little to no experience. The US Army looked the other way when a contractor like used questionable hiring practices.  There was simply no oversight. I was appalled by the apathy of our military to do nothing about it.

Allowing foreign contractors to perform contracts in violation of the Fars and International Law to support a war fought for democracy was everything my brother was against.  It was clear however, forced labor in defense contracting is an acceptable way of doing business and we were not going to get any support.

Getting In The Ring

Undeterred with the “behind the scenes” of foreign contracting, Rocky’s Justice moved us back to the Hill to use diplomatic measures through Senator DeWine, the Kuwait Ambassador and the Prime Minister…The answer- is untouchable.

Them were some fighting words!!

So we jumped in the ring and hit them in the jaw with a wrongful death suit in the U.S. Northern Georgia Courts. (Read the rest of the story here…)

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Defense Cover-up Management Agency (DCMA) – Part 1

Former employee and US Air Force MSgt at the original US Embassy in Baghdad, Iraq

This is Part 1 in a series of original articles to be published on MsSparky.com by former QAR discussing his personal experiences with the oversight of ’s LOGCAP III contract.

We all know Dick Cheney’s agenda when he directed the LOGCAP III contract be sole sourced and awarded to . ’s LOGCAP III contract has been tainted with accusations of fraud, waste, abuse and rape. They are accused of overcharging the US Government and contract violations. Most disturbingly is accused of exposing hundreds of US National Guard troops to deadly toxins at Qarmat Ali. They are accused of negligence in exposing hundreds if not thousands of troops and civilians to deadly burn pit smoke and they are accused of shoddy electrical work that has killed soldiers and more than likely civilians as well. We are just now realizing who their accomplices to these allegations are. The corruption, ineptness, and cover-up by both the U.S. Army and the () have contributed to ’s ability to commit these acts of fraud, waste and abuse over and over again.

I was in my 21st year with the U.S. Air Force.  I had worked for the Defense Contract Management Agency (DCMA) while deployed and put on Active Duty with the U.S. Air Force Reserves IMA  (Individual Mobilization Augmentee) program. I had served previously in the Active Duty Air Force, the California Air National Guard, and finally in the U.S. Air Force Reserves. I discovered DCMA had only 3 Master Sergeant (MSgt) slots for the entire United States. As a MSgt myself, I felt the odds of landing a DCMA position was slim. The DCMA had a program called the Contingency Contracting Administration Services (CCAS) and it would allow me to deploy to Iraq. I volunteered for this program. I wanted to be in the heart of it in the Green Zone in Baghdad, Iraq and I wanted to be there for Christmas 2004.

After I arrived in the Green Zone I learned my assignment was to oversee the LOGCAP III contract. They sent me as a Contracts Administrator. But, because an unlimited warrant was needed (the authorization to approve contract actions needed an unlimited dollar authority – which I did not have) I ended up working with U.S. Air Force Major Jimmy Hammonds in Operations and assisted Contracting Officer, Navy Lt., Russell Baum.

wrote Letters Of Technical Direction (LOTD) which were nothing more than open checkbooks to . LOTD’s were written for any item that was floated and approved by the State Department Liaison Officer, Harold Price. I must have heard the speech a hundred times. supported 1700 organizations in the Green Zone and 60 cents on the dollar was going for life-support services that was contracted to do. This included living accommodations, trailers, water,  5 DFACs (Dining Facilities), soft cars, hard cars (armored) with maintenance and fuel, offices, office supplies and equipment, and so on. 40 cents on the dollar was spent in the Green Zone on the military.  As a part of their support contracts supported the as well. This conflict if interest is established.

Aftermath of Iraq car bomb (Courtesy of )

Car bombs went off at a rate of  2 or 3 times each morning and rockets and mortars rained in daily. We had a new Quality Assurance Representative (QAR), named John Golden. He had just arrived in the Green Zone in early January. I advised him if needed to have something signed off at one of the 6 Green Zone checkpoints, it would be wise not to go in the mornings because the car bombs went off daily in the morning. “Maybe go in the afternoon” I recommended. 45 minutes later at approximately 3:30pm  a huge car bomb went off at a nearby checkpoint. He gave me an odd look and I said, “Maybe that isn’t such a good time either.”  The “insurgents” were targeting the Green Zone checkpoints trying to kill Iraqi workers who were working for American companies in the Green Zone and they were succeeding.

At first people would dive under desks at every car bomb, mortar and rocket. But and after a couple of weeks, we didn’t even miss a keystroke. We would turn our air conditioning up and pull our body armor over for a blanket. The only time we might get running was if giant footsteps were approaching which were mortars getting “walked in” – then it was time to get moving.

The morning of the January 29, 2005, was the day of Iraq’s first elections and I had to hand it to them – they kept voting despite vest bombers going off in the lines. By 10 AM I heard 80 vest bombers blow up within earshot of the Republican Palace in the Green Zone and it continued all day. Early that evening I heard what I thought was an F-15 fly across the top of my trailer.  This was no F-15, it was a rocket, but unlike other rockets I had seen there was no flash as it disappeared into the side of the South wing of the U.S. Embassy. This rocket flew in from over 9 miles away and killed civilian Barbara Heald and Navy Lt CDR Keith Taylor . That rocket came in at a high angle and ricocheted off the floor and killing Ms. Heald. It ricocheted again hitting the Lt Commander killing him and injuring several others.

The () worked out of the room adjacent to Ms. Heald. Commander Colonel Miles ordered anything with blood on it was to be burned in the KBR Burn Pit located in the Green Zone and QAR John Golden was to oversee it. John Golden was left unprotected wearing only his body armor, in the open and exposed to the “other” side of the Tigris River. Known to all of us as “The Red Zone”.  It took 3 long days to dispose of the the bloody refuse. At this point Mr. John Golden chose to resign.

It was then I was appointed the lone Quality Assurance Representative (QAR) for the entire Green Zone. I didn’t think could be too serious about oversight if I was being appointed to take over the duty. I receive no training and no instructions. I was just the token QAR. There were 42 Statement of Procedures (SOP) I was apparently required to inspect. Unsure of what I was required to do to perform these task, I contacted two QAR’s from Camp Victory.  They gave me the checklists they used and said just inspect to those standards.

When I initially tried to inspect ’s compliance with the 42 SOP’s, ’s own Contract Administrator Taryk Ferris tried to inform me “ really didn’t agree to that. Those SOP’s were just sort of advisory.” Evidently that tactic had worked in the past. When I discussed this response with my QAR counterparts from Camp Victory, they pointedly informed Mr. Ferris and the Project Manager there would be inspections and they needed to get ready. As I listened to this conversation (actually it was more of a scolding) I was thinking “Get ready?”.  Being inspected to the SOP’s was apparently a new and disturbing concept to . I wondered just how long the had NOT been inspecting to the SOPs? What had the previous QARs been doing? Apparently nothing if somehow thought that 42 Statement of Procedures (SOP’s) were only “suggestions”? I experienced first hand how wanted me to sign off on inspections over a cup of coffee.  I was asked to sign off on 9 smoke detectors in US Ambassador Negroponte’s villa – that were never installed. How hard was that to get done? Two screws or self-adhesive and they simply were not there and yet I was expected to sign it off as complete. I saw project after project not completed.

I think that is enough for my introductory post at MsSparky.com. I have volumes to share and I have the documents and photos to support my claims. Nothing classified of course. If anyone thinks has had adequate oversight on their LOGCAP III contract they are sorely mistaken.

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The Missing Man by Susie Dow

I’d like to take a moment and give KUDO’s to at The Missing Man blog. Susie has painstakingly collected and tracked information on Americans who have been abducted, murdered or who are still missing in Iraq.  Susie first began investigating abducted Americans when Kirk von Ackermann mysteriously disappeared in Northern Iraq in 2003.

Because the Defense and State Departments don’t publish lists of abducted Americans and their current status,  collecting, compiling and maintaining the information is very time consuming.

Personally, I had no idea there had been at least 42 abductions of American citizens in Iraq. Of those 18 were killed and 18 are still missing.

Most stories just die, once the Main Stream Media (MSM) and general public grow tired of them. Thanks to Susie for doggedly sniffing out this information and publishing it for others to use forever! I know it takes a lot of time and effort, but don’t our American citizens who have died and are still missing deserve that?

If you have information about an abducted American in Iraq or Afghanistan you can contact Susie at The Missing Man.

Thank you Susie!

Ms Sparky

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Military’s casualty notification system often frustratingly uneven for families

Hands on FlagBy Geoff Ziezulewicz – Stars and Stripes – August 5, 2010
Families with troops who died in noncombat situations generally reported a harder time getting answers than those whose loved ones were killed in battle.

Tragedy Assistance Program for Survivors The casualty notification officers somberly relayed their message: It was one of her twin sons, Army Staff Sgt. Ryan Maseth, who had perished.

They couldn’t provide any more information to Harris, nothing else to help the reeling mother absorb or even comprehend the shock.

“Their job was to convey he died,” Harris said. “That’s it. I actually for a brief period of time thought he’d been murdered. That was even more horrible.”

It wasn’t until the next day that Harris was told that her son had been electrocuted in a shower, but still there were few details. Desperate for answers, Harris started hounding the Army’s Criminal Investigation Command, and three weeks later, she found out that an electrical system had shorted out, killing Maseth in the shower at the Radwaniyah Palace Complex in Baghdad.

“I don’t think I would have been told that unless I had constantly pressured and questioned [the military],” said Harris, who later filed a wrongful-death lawsuit against , the contractor responsible for the wiring. “They told me it was difficult to relay information from Iraq to the U.S. I said, ‘How are you fighting a war?’?”

(Read the rest of the story here…)

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The LTC Rocky Baragona Act (Part I)

Walk with a big stick called “In Personam Jurisdiction”

By (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, 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 “” 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 () flatbed tractor trailer suddenly jackknifed and landed on his humvee crushing him instantly. The 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. (Read the rest of the story here…)

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