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NEIL GORDON – (POGO) – July 3, 2012 – You might be familiar with the story of Agility, the Kuwaiti company that was, until a few years ago, a key provider of logistics services for the U.S. military in the Middle East. That changed in November 2009 when Agility (formerly called Public Warehousing Company KSC and PWC Logistics) was indicted on charges of defrauding the government of more than $6 billion on food supply contracts, and the Defense Logistics Agency suspended Agility and dozens of affiliated and subsidiary companies from federal contracting. (Agility was also the target of a civil False Claims Act lawsuit in which a default judgment was recently entered against Agility for failing to respond to the lawsuit.)
The criminal prosecution drags on and the suspensions are nearing the three-year mark. But last week, the U.S. District Court for the Northern District of Alabama heard the plea of two PWC affiliates and ordered the logistics agency to lift their suspensions. The court ruled that the suspensions of Agility Defense and Government Services, Inc., and Agility International, Inc., two U.S.-based “indirect subsidiaries” of PWC, were illegal.
“The government resorted to a series of sharp and unethical tactics, designed to distort – and in some instances create – the evidence to support the government’s after-the-fact interpretation of the contract and to transform what is, at best, a contractual dispute over the proper interpretation of the prime vendor contracts into a criminal prosecution,” according to the court filing in federal court in Atlanta earlier this year.
Shane McGinley – (Arabian Business) – May 21, 2012 – Kuwait’s Agility, the logistics firm accused of fraud in the US, has seen legal proceedings against it dismissed at the request of the US Department of Justice, the company said in a statement on Sunday to the Dubai bourse.
The claim, which was filed at the Armed Services Board of Contract Appeals in Virginia, alleges that U.S. government officials employed by DLA and the Department of Justice conspired to intentionally deprive Agility of performance-based fee that it was entitled to under the Second Prime Vendor Contract. Agility said under the contract it was entitled to distribution fees based on superior performance if it passed an objective evaluation by the Defense Supply Centre Philadelphia (DSCP) and was found to have met the listed requirements of achieving its targets for percentage of orders filled successfully. ~Asian Legal Business
Agility files $225 mln suit against U.S. agency
(Reuters) – April 24, 2012 – Kuwaiti logistics company Agility said on Tuesday it had filed for $225 million in claims against the U.S. Defense Logistics Agency (DLA), saying the agency had breached the terms of a contract.
Agility said in a statement U.S. government officials employed by the DLA and Department of Justice “conspired and acted in concert to intentionally deprive Agility of its rights under the Second Prime Vendor Contract.”
It said this was “breaching the contract’s express and implied terms and violating regulatory duties.”
The U.S. Embassy in Kuwait was not immediately available for comment.
The $225 million comprises the amount owed in performance-based distribution fees plus interest, Agility said. The contract entailed distributing food products to combat units.
Agility, the largest Gulf Arab logistics company, said it had filed the claims at the Armed Services Board of Contract Appeals in Virginia. (Click HERE for original article)
The Department of Defense plans to exempt records of internal law enforcement investigations from Privacy Act disclosure requirements.
The act, which governs record systems maintained by federal agencies, normally requires that individuals be allowed to view records that pertain to them unless the records were gathered for law enforcement purposes, congressional investigations or administrative purposes where the identity of the individual is not disclosed such as census records.
The exemption would allow the DoD to neither confirm nor deny the existence of such records to individuals and government agencies, when disclosure could reveal the existence of an ongoing investigation.
Guard Officer Recalls Night Of Alleged Rape
Says current commander got out of car with woman near beach, returned alone
Sean P Murphy and Andrea Estes – (Boston Globe) – March 31, 2012 – A National Guard officer said he remembers the night in 1984 when a woman says she was raped by the current commander of the Massachusetts National Guard, recalling that Joseph C. Carter got out of the car with the woman near a Florida beach, but returned alone.
Carter, who was placed on administrative leave Thursday by Governor Deval Patrick while the Army investigates the rape allegations, denies the attack and insists he has no recollection of Susan Pelletier, who accused him of raping her and agreed to let her name be used.
But Charles Mouris, who in 1984 was a captain and Carter’s superior in a military police unit, clearly remembered Pelletier becoming nauseated as the trio rode together in a car after an evening of socializing at a Florida restaurant. Mouris said Carter escorted a wobbly Pelletier from the car and returned alone sometime later, saying nothing about Pelletier.
“I said to Carter, `Are we all set?’ and he said, `Yes,’ ” said Mouris in an interview at his home. Mouris said he and Carter drove away, leaving Pelletier – who had been vomiting – behind, though Mouris pointed out that the restaurant where they had been socializing was only about a quarter-mile away.
Mouris said he was never questioned about the evening again until January of this year, when an Army investigator interviewed him about the event for approximately 40 minutes. Mouris declined to say what he told the investigator about the alleged rape, but said he answered all the investigator’s questions completely. (Click HERE for article)
Kuwait’s Agility Q4 net profit rises 114 pct
(Reuters) – March 31, 2012 – Kuwait’s Agility, the logistics firm facing U.S. fraud charges, posted a 114-percent rise in fourth-quarter net profit compared with the same period in 2010, the firm said in a statement on Saturday.
Bill Rankin -(The Atlanta Journal-Constitution) – March 24, 2012 – A default has been entered in a massive false claims lawsuit against a Kuwaiti firm already facing indictment for allegedly overcharging the U.S. military.
The default, entered Friday in U.S. District Court in Atlanta, means that the next phase of the case will determine how much Public Warehousing Co., now known as Agility, has to pay, Atlanta attorney Raymond Moss said Saturday.
The suit seeks more than $1 billion in damages, said Moss, who is working on the case with Atlanta lawyer Jerry Froelich.