» Senate & House Committee Hearings Ms Sparky

The LTC Rocky Baragona Act (Part II)

August 30, 2010 — Pam Baragona

LTC Rocky Baragona, age 42, was killed on 19 May 2003 when his vehicle collided with a tractor trailer driven by a foreign national working for KGL 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 KGL 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 KGL 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 KGL 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 KGL 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- KGL 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…)

Posted in A Soldiers Story, GOV. CONTRACTORS, LAWSUITS, Senate & House Committee Hearings. Tags: Ali Dashti, Dominic Baragona, H.R. 2349, IRISL, KGL, LTC Rocky Baragona, LTC Rocky Baragona Act, Pam Baragona, Rep. Brad Sherman, Rep. Ron Klein, Rep. Steve Driehaus, S. 2782, Valfajre. 15 Comments »

Contractors resist US disclosure effort

August 30, 2010 — Forseti

Database lists fraud and shoddy work

Bryan Bender, Globe Staff - August 30, 2010 – WASHINGTON — Defense companies and other major industries are hoping to block disclosure of their own fraudulent or substandard performance in federal contracts, despite a mandate this year by Congress that such potentially embarrassing information be released to the public.

Sensitive to concerns raised by the companies, the White House has delayed enacting the little-known disclosure provision while it studies the issue, officials said.

The controversy highlights the extent to which efforts to make the government more transparent often garner bipartisan support but then stall in the face of powerful interests seeking to limit public disclosure.

The White House, in a statement, acknowledged that “there will be legal and practical issues’’ that have to be addressed before the new law can be implemented.

“But we intend to do that as quickly as possible, in keeping with the administration’s commitment to increasing transparency in government contracting,’’ said Meg Reilly, a spokeswoman for the White House Office of Management and Budget.

At issue is a database that is currently kept secret, called the Federal Awardee Performance and Integrity Information System. Companies are required to fill the database with information about their failures on federal contracts, including civil, criminal, and administrative findings against them.

The database was established in 2008 for the private use of government officials who oversee contracts, but was not intended to be made public.

Contractors complain that disclosing all that information could lead to the unfair use of damaging information by watchdog groups, the media, and their rivals.

But Senator Bernard Sanders of Vermont, an independent who managed this summer to win a disclosure provision in a war spending bill that was signed by President Obama, said the public has a right to know when taxpayer dollars are improperly used or criminally misspent.

“We hand out over $500 billion a year to federal contractors, many of which have well-established histories of systemic illegal, fraudulent, and incompetent behavior,’’ Sanders said in a statement. “We cannot let these corporations continue to rip off American taxpayers. I strongly expect that this new public awareness will go a long way toward putting an end to handing out taxpayer-financed contracts to corporations with a history of fraud.’’

(Read the rest of the story here…)

Posted in GOV. CONTRACTORS, Politics, Reports & Investigations, Senate & House Committee Hearings. Tags: FAPIIS, Professional Services Council, Project on Government Oversight, Senator Bernard Sanders. 1 Comment »

KBR loses appeal in the electrocution death of SSG Ryan Maseth (update #2)

August 17, 2010 — Ms Sparky

Cheryl Harris with her son Staff Sgt. Ryan Maseth. Ryan, 24, was electrocuted in his shower in Iraq on Jan. 2, 2008.

For those who are not aware, the electrocution death of SSG Ryan Maseth is what ignited the fire and got me started blogging about KBR and defense contractors in the Middle East. I published my first post about KBR and their virtually non-existent electrical program in Iraq on June 2, 2008 after watching a gut wrenching CNN special about Cheryl Harris and the electrocution death of her son SSG Ryan Maseth. Since that first post, there have been several Congressional hearings on electrical deficiencies in Iraq, licensing requirement for electricians were implemented and wages for qualified electricians were raised. Task Force SAFE was established and virtually every building in Iraq has been electrically inspected and repairs to KBR’s electrical deficiencies have been made. Of course KBR got paid to fix their own screw ups, but the end result is safer facilities for our troops and civilians. All thanks to Cheryl Harris and her true “unwavering commitment” to the safety of our troops and civilians.

(edited to add a link to the second AP article)

This case has been sitting in the 3rd Circuit Court of Appeals since last year. It has been an agonizingly long process of hearings and appeals by KBR. I am pleased to say that all of KBR’s legal maneuvering did not achieve their goal of getting this case dismissed. KBR has lost what I believe is their final appeal in the 3rd Circuit Court of Appeals and must now explain in a court room how the electrocution death of SSG Ryan Maseth is not their fault!! I’d like to see how they are going to do that. I’m not an attorney so if I’m mistaken please me know!

Below are two brief news articles. Naturally I will keep you all posted as this process continues. And as always, if you have any information regarding the electrocution death of SSG Ryan Maseth, who was electrocuted in his shower on January 2, 2008 at Radwaniyah Palace Complex (RPC) please contact me or Cheryl Harris’ attorney Pat Cavanaugh.

For the decision of Judge Smith of the 3rd Circuit Court of Appeals click HERE

All I can say is WOO HOO!!

Ms Sparky

Staff Sgt. Ryan Maseth

Appeal in Pa. soldier’s electrocution is rejected

An appeals court has refused to dismiss a lawsuit brought by the parents of a Pittsburgh-area soldier electrocuted in an Army barracks shower in Iraq.

Houston-based military contractor KBR Inc. appealed last year after a federal judge refused its request to dismiss the lawsuit. KBR had argued the judge had no jurisdiction over military matters.

KBR claims it wasn’t responsible for Staff Sgt. Ryan Maseth’s death in January 2008, when it was tasked with maintaining the barracks. Army investigators have determined a water pump shorted out and electrified water flowing into the soldier’s shower.

Tuesday’s 3rd U.S. Circuit Court of Appeals ruling means the case will be sent back to U.S. District Judge Nora Berry Fischer for more pretrial proceedings.

The lawsuit seeks unspecified damages. (click HERE for the original article)

Appeals court rejects KBR appeal to dismiss suit in Maseth electrocution

By The Associated Press
Tuesday, August 17, 2010
Last updated: 3:37 pm

A federal appeals court ruled Tuesday that a wrongful death case against a Houston-based defense contractor should continue for now.

Cheryl Harris of Cranberry (PA) is suing KBR Inc. over the death of her son, Army Staff Sgt. Ryan Maseth. Maseth was electrocuted Jan. 2, 2008, while taking a shower at the Radwaniyah Palace Complex in Baghdad. A 2009 Defense Department report concluded that KBR improperly installed the water pump that shorted out and killed Maseth.

The company denies responsibility for Maseth’s death. U.S. District Judge Nora Barry Fischer in March 2009 rejected KBR’s motion to dismiss the case. The company appealed her decision to the 3rd U.S. Circuit Court of Appeals.

A three-judge panel supported Fischer’s ruling that both sides should have more time to develop their evidence before she decides whether the case should proceed to trial. (click HERE for the original article)

Posted in Cheryl Harris vs KBR, Electrocutions/Shocks, GOV. CONTRACTORS, LAWSUITS, LOGCAP III - KBR, Lawsuits Against KBR, Ryan Maseth-US Army, Senate & House Committee Hearings. Tags: Cheryl Harris, Electrocutions/Shocks, Judge Nora Berry Fischer, Lawsuits Against KBR, SSG Ryan Maseth. 7 Comments »

IG: Infighting hampers oversight of Defense contractors

August 13, 2010 — Forseti

Robert Brodsky, August 12, 2010 – The lack of cooperation between two key Defense Department oversight agencies might be allowing contractor performance problems to slip through the cracks, according to new findings by a department watchdog.

In a report released on Wednesday, the Defense Department inspector general sustained allegations that on two occasions in 2008, the Defense Contract Management Agency failed to provide its audit counterpart with sufficient time to review an unnamed contractor’s compliance with Earned Value Management guidelines. Earned Value Management is a tool Defense and industry use to provide early warnings of potential contract cost overruns and schedule performance problems.

The report said DCMA’s Earned Value Management Center in Tucson, Ariz., provided the Defense Contract Audit Agency with an “unreasonably short time frame” to meaningfully participate in the 2008 reviews.

“Consequently, the center issued its conclusions on the acceptability of the contractor’s Earned Value Management System without adequately resolving DCAA-reported noncompliances or obtaining any DCAA expert audit advice,” the IG said.

Problems between DCAA and DCMA are not new. Former Rep. Christopher Shays, now a co-chairman of the Commission on Wartime Contracting, referred to the agencies’ relationship as “dysfunctional” during an August 2009 hearing.

(Read the rest of the story here…)

Posted in GOV. CONTRACTORS, Politics, Reports & Investigations, Senate & House Committee Hearings. Tags: April Stephenson, Charlie E. Williams Jr., Christopher Shays, Commission on Wartime Contracting, DCAA, DCMA, DoD, DoDIG. 1 Comment »

Prosecutors Criticized For Tactics Against Contractors

August 7, 2010 — Forseti

Carrie Johnson – The U.S. government has spent more than $770 billion on private contractors in Afghanistan and Iraq since the war began.

And the Justice Department is following the money — aggressively targeting corruption, and even sending investigators into the war zone to build criminal cases.

But the prosecutions are raising some practical difficulties.

Shackled, Handcuffed And Flown To Virginia

One story begins in April 2009, on a rainy day in Afghanistan. Contractor Raymond Azar waited in a cafeteria with a co-worker for a U.S. Army Corps of Engineers officer to come discuss a project.

Instead, a group of federal agents came. Azar’s lawyer Jim Hibey described what happened next.

“So they shackle his feet, they handcuff him at the waist, with a chain around the waist,” Hibey said. “I should say before they do that, they do a full body strip search. Not only is he naked, but when I say full body I mean full body cavity search.”

Azar was charged with bribing the U.S. Army Corps of Engineers. The feds hustled Azar onto a plane, where he set off, hooded, on a 17-hour flight to Virginia.

Hibey says that Azar, who’s from Lebanon, spoke little English at the time, surely not enough to understand a Miranda warning. “They claim that they advised him of his rights,” Hibey said. “The guy can’t speak English but they advised him of his rights? He doesn’t know a right from his left.”

The amount of the bribes? Not much more than $100,000.

Azar traveled on a chartered plane, was held for the next several months in U.S. custody, and eventually pleaded guilty late last year. So did his American-born co-worker and her sister, a retired contracting officer for the Army Corps in Afghanistan.

Azar returned home to his family a few months ago.

(Read the rest of the story here…)