Prosecutors Criticized For Tactics Against Contractors

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 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 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…)

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Pentagon ahead of schedule on in-sourcing, beefing up acquisition workforce

Shay D. Assad, Director of Defense Procurement and Acquisition Policy

By Marjorie Censer
Monday, June 21, 2010

The Pentagon has hired 3,400 people since the fall of 2009 and replaced about 1,400 contractors with government workers as part of an aggressive effort to strengthen its oversight of acquisitions.

The department is running well ahead of schedule in its plans to add 10,000 new employees and convert another 10,000 private jobs to the public sector by 2015, said , the Defense Department’s top acquisition policy official. The department had projected that by now, the number of hires and job conversions would total 3,500; the tally is at 4,800.

Contractor advocacy groups have pushed back against the shift from contractors to government employees, but Assad said the Pentagon is going about the process fairly.

“It’s not [that contractor employees] were wearing company X’s badge yesterday and today they’re wearing our badge. That’s not what’s going on,” Assad said. “We’re posting every job, and we’re hiring through our hiring process, which is publicly available to everybody.”

In particular, he stressed that contractor employees are not being pressured to join the government.

“We really don’t need to use and will not use what I’ll call strong-arm tactics to try to bring people on board,” Assad said.

The hiring is part of a Defense Department initiative to beef up its acquisition workforce and improve training.

Among the 10,000 new jobs, the majority — about 5,600 — will be contracting officers, according to Assad. Another 2,500 will work for the Defense Contract Management Agency, which oversees contracts, while about 800 more will go to the Defense Contract Audit Agency and another 800 will focus on pricing.

He said in-house work includes systems engineering, program management, logistics and budgeting positions.

The Government Accountability Office is due to issue this fall two reports on the Pentagon’s efforts, one on its overall strategic plan for improving its workforce and another on the effectiveness of its training, according to John K. Needham, the ’s director for acquisition and sourcing issues.

As a result of the new effort, Assad said the Defense Department will see lower prices for equipment and services bought from contractors as well as significantly improved oversight.

“There’s an expected return here,” he said. “There’s an expectation that we’re in fact going to do our jobs better, that we’re going to increase the buying power of the Department of Defense. That’s what this acquisition workforce growth is all about.” ? (click HERE for original article)

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DoD doles out taxpayer’s dough

KBR Receives

HOUSTON, May 12, 2010 (BUSINESS WIRE) — KBR announced today that it received a $60 million related to its work in Iraq, Afghanistan, and Kuwait. On May 10, 2010, KBR was notified by the U.S. Army’s LogCAP Program Government Determining Official of the completion and final decision related to the review of award fees for Task Orders 139, 147, 151, and 159 for the period May 1, 2008 through August, 31 2009. For this period, the Determining Official rated KBR’s performance as Good, Very Good, and Excellent on multiple pools.

As of December 31, 2009, KBR had written off the full amount of $112 million in accrued award fees for the period May 1, 2008 through December 31, 2009, of which $92 million was related to the recent performance review period May 1, 2008 through August 31, 2009. The aggregate of this award will result in an increase in our after tax income by approximately $39 million, or $0.24 of earnings per diluted share. The next board is tentatively scheduled for the second quarter of 2010.

KBR is a global engineering, construction and services company supporting the energy, hydrocarbon, government services, minerals, civil infrastructure, power and industrial markets. (Click HERE for original article)

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KBR files motion to dismiss lawsuit filed by Oregon National Guard soldiers

KBR files motion to dismiss lawsuit filed by Oregon soldiers

By Julie Sullivan, The Oregonian
April 26, 2010, 8:12PM

Attorneys for Kellogg, Brown & Root have filed a second motion to dismiss an Oregon Army National Guardsmen lawsuit against the war contractor, saying the Oregon court lacks jurisdiction over the federal government’s military and foreign policy decisions in wartime.

Friday’s filing comes three weeks after U.S. District Judge Magistrate Paul Papak denied an earlier motion to dismiss, ruling that the case should go forward.

Twenty-one current and former Oregon Army National Guard soldiers, mostly from the Portland area, are suing the Houston-based firm and four of its subsidiaries saying they were intentionally exposed to the -causing chemical, after the U.S. invasion of Iraq in 2003. (Read the rest of the story here…)

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Judge says Oregon National Guard can sue KBR in Oregon for exposing them to deadly toxins

Oregon Guard soldiers lawsuit again war contractor KBR can go forward

By Julie Sullivan, The Oregonian
April 12, 2010, 5:57PM

An Oregon Army National Guard soldiers’ lawsuit against war contractor Kellogg, Brown & Root over exposure to a -causing chemical will go forward, a federal judge ruled Friday in Portland.

U.S. District Judge Magistrate Paul Papak denied KBR’s motion to dismiss the case, saying the court in Oregon does have jurisdiction.

The ruling is a significant step for 21 Oregon soldiers who claim they were intentionally exposed to the chemical hexavalent chromium after the U.S. invasion of Iraq in 2003. Troops from Oregon and two other states were ordered to guard employees of the Houston-based holding company and its four subsidiaries, which were restoring oil production in southern Iraq.

The soldiers claim that at the Qarmat Ali water plant, KBR ignored and downplayed the health risks of a corrosion-fighter scattered across the facility that contained . Soldiers sued alleging lung and other health problems as a result.

In February, a federal judge in Indianapolis dismissed a similar suit saying that the U.S. District Court for the Southern District of Indiana lacked jurisdiction over KBR. The 47 Indiana soldiers refiled their lawsuit in Houston.

In Portland, the attorney for the Oregon soldiers, David Sugerman said, “We are going forward. soldiers will have their day in court.”

KBR has denied harming any troops or employees. Calls seeking comment from the contractors’ Portland attorneys were not returned. In February, the attorneys argued that when the contractor called for help in Iraq, that action was not directed at the state of Oregon and the alleged victims were not in Oregon when those calls occurred.

But in his 18-page opinion, Papak ruled that by using Oregon National Guardsmen — people whose health and safety directly impact the state’s treasury, “defendants purposefully injected themselves into this forum.” He also said that Oregon has a clear interest in protecting the health and safety not merely of its citizens, but also of its employees, the Guardsmen. (click HERE for the original article)

As far as I am concerned this has to be one of the most blatant disregards for the safety of not only their own employees but the safety of our soldiers. KBR’s own managers testified to this!

This is so heinous I do hope someone ends up doing jail time for killing and injuring these soldiers and civilians.

Ms Sparky

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