Feral Jundi

Monday, February 14, 2011

Legal News: Ted Reilly’s Swaziland Royal Warrant And Combating Poachers

     Rangers may search and arrest without a warrant; may use all reasonable force necessary to affect arrest; may bear arms and use them in life threatening circumstances; and in doing any of the above in the course of duty, rangers are not liable to prosecution;  (This became necessary when arrested poachers invariably and as a matter of course, brought their own fictitious charges of assault against arresting rangers, who were then prioritised and called to trial while poaching cases were relegated to the back of the queue).

     Game Rangers gazetted under the Game Act or appointed by Royal Warrant have powers Kingdom wide (such game rangers can only be gazetted by order of the Head of State through the King’s Office). -From the Game Act, Swaziland

     I was very intrigued with the concept of the Royal Warrant after watching this video about Ted Reilly and his war against poachers in Swaziland. He is certainly a warrior who has dedicated his life to protecting the wildlife of Swaziland, and after reading his history and the desperation of the situation in Swaziland, I was certainly impressed by his efforts.

    Recently I have also highlighted other anti poaching efforts in Africa, and specifically the Iraq war security contractor Damien Mander and his International Anti Poaching Association.  Both Ted’s effort in Swaziland, and Damien’s efforts in Zimbabwe and Africa highlight two examples of the kind of extreme efforts needed to combat this poaching scourge.  The kind of poaching driven by such market forces as Rhino horn being worth as much as cocaine.(almost $50,000 a kilo)

     It is also important to note that there has been an increase in poaching activity, and rangers in places like South Africa have been very busy arresting and killing poachers in the line of duty. But even with these efforts, the global recession and lack of jobs, along with the high value of poached animal horns and parts, the crimes are actually increasing. It reminds me of the piracy business model and how lucrative that is.  I am sure in the countries with weak laws on poaching or minimal resources, it is a free for all for poachers.

     So what is the answer? Well Swaziland is an interesting example of success when it comes to stopping poachers, and maybe there is something to be learned here? The Reilly family’s efforts and the tough actions against poachers blessed by the king in the form of a Royal Warrant are examples of some tough solutions.  If you read through the Game Act below, it gives an idea as to the kind of teeth that is involved with this Royal Warrant. Although I am sure any lawyer reading through the act would probably freak out on how much power has been granted to these rangers, and the possibilities of abuse of their powers.

    But on the other hand, the form of government in Swaziland is a monarchy and what the king wants, the king gets. lol If he wants his park rangers to drop the hammer on poachers, then so be it. It would be interesting to see what other countries have in the way of laws, as it pertains to the powers of individual rangers and officers, and see which country is most effective at stopping poaching? I would guess that the country with the strictest laws and most fearful anti poaching efforts are most successful at stopping it.

     Concepts like the Royal Warrant or the Letter of Marque and Reprisal might be out of style with today’s modern states, but I think there should be an effort to look at such things and reevaluate their utility. Piracy or poaching are also old criminal acts, and yet they are still around and making a strong comeback. Are modern states and their advanced rules of law keeping up? You be the judge. –Matt

‘King gave me powers to shoot to kill’

Reilly History

The Game Act

The Rhino War

Ted Reilly feeding his pet.

‘King gave me powers to shoot to kill’

Nov 29,2009

By MFANUKHONA NKAMBULE

MBABANE – Ted Machobane Reilly, the Big Game Parks proprietor, is displaying to the world a Royal Warrant purportedly signed by His Majesty the King, giving him powers to shoot to kill poachers.

Over 25 000 people have viewed Machobane’s video displayed on the youtube.com website.Big guns that could match the AK 47 were also displayed. Reilly said the Big Game Parks (BGP) had the ammunition to counter-attack armed poachers.

The nature conservationist says in the video that commentators and poachers were trying to make a case against him because everyone knew the consequences of poaching.He said security in the game reserves under his supervision was undoubtedly the best in Africa. He said the Game Act of 1991 was passed as a result of sharp increases in poaching, adding that the rhino was the main target for illegal game hunters.

He said they sold the rhino horn for USD 15 000 (about E105 000).Reilly showed the viewers poaching towers and narrated how rangers diffused or counterattacked shootings from the poachers.  (more…)

Friday, February 4, 2011

Legal News: Contractor That Worked In Iraq Cannot Exclude Compensation Under § 112

     Ok gang, this is important and please feel free to pass this around.  This contractor lost in this case and the one thing that saved his bacon was this little memo that came from an IRS Acting Deputy Director in 2004.  If you filed your taxes with the impression that you fell under the same ‘combat zone compensation’ that the members of the Armed Forces received back then, then this memo could be your life saver. If anyone has a copy of this thing, I will make an edit and add it to this post so everyone knows where to find it. Robert L. Hunt was the IRS Acting Deputy Director at the time.

     The other point I wanted to bring up here is this. The powers that be are certainly trying all they can to put us under military/government control or under UCMJ, but god forbid if contractors actually enjoyed the same tax benefits as the Armed Services in combat zones? –Matt

Edit: 02/06/2011 – Thanks to Chris for sending me a copy of this memo.  I put it up in my Scribd account here if you want to check it out.

Court: Blackwater Contractor in Iraq Cannot Exclude Compensation Under § 112

By The Tax Prof

February 1, 2011

The Tax Court yesterday held that a Florida man who earned $98,400 in 2005 working for Blackwater (since renamed Xe) providing security services to the U.S. Army in Iraq could not exclude the compensation from income under § 112 as “combat zone compensation of members of the Armed Forces.” Holmes v. Commissioner, T.C. Memo. 2011-26 (Jan. 31, 2011). The Tax Court concluded that the taxpayer did not serve in the Armed Forces of the United States but instead was a private citizen hired by and paid by a private company (Blackwater). The Tax Court refused to impose a penalty because the taxpayer relied on an IRS memorandum wrongly stating that civilian personnel in direct support of combat zone military operations qualified for the § 112 exclusion.

Link to TaxProf blog post here.

——————————————————————

From the Tax Court memo Holmes v. Commissioner, Page 9

     Petitioner admitted on brief that he did not file a return for calender year 2005.  Petitioner’s only explanation for failing to file is that in 2005 while in Iraq, he was given a memorandum that caused him to believe that the income he was receiving from Blackwater was not taxable.  This memorandum was an internal memorandum written to give the Commissioner’s employees field guidance for examination and collection activity involving taxpayers in Iraq.  The memorandum, titled “Memorandum for Acting Deputy Director, Compliance Field Operations”, was issued by the Internal Revenue Service Small Business/Self-Employment Division on June 28, 2004.  The memorandum states that civilian or military personnel who are in direct support of a combat zone military initiative and physically located in the combat area are entitled to the exclusion.  It also states that time spent in a combat zone by an individual serving in support of the Armed Forces will be disregarded with respect to “certain acts required under the Internal Revenue Code.”  It goes on to state that “This change in procedure will be reflected in the next revision of the IRM, which is in the process of being written.”

     Petitioner satisfies all the criteria found in the memorandum.  He was serving in Iraq alongside the military, provided security to Government officials, and aided in giving air support, medical aid, and emergency response assistance. Petitioner had no background in tax law and was given this memorandum written by an IRS employee while serving in Iraq.  We believe that receiving this memorandum while serving in Iraq could give someone reasonable cause to believe that his payments from Blackwater were excluded from gross income.  Therefore, petitioner is not liable for the addition to tax under section 6651(a)(1).

——————————————————————

From the Judicial Review

     While in Iraq, petitioner was given a memorandum issued by Robert L. Hunt, the Acting Deputy Director, Compliance Field Operations, Internal Revenue Service (IRS). This memorandum discussed the appropriate steps for civilian personnel to take when engaged in an IRS examination and collection activity involving a taxpayer deployed to a Qualified Combat Zone. Petitioner did not remember who gave the memorandum to him.

Friday, January 7, 2011

Legal News: Robert Langdon Escapes Death Sentence After Paying Afghan Family

     Thanks to Elena for forwarding me this news about Robert.  This article describes briefly what the ‘ibra’ is, and it is an interesting concept.

     As for Robert, the only thing I have to add is that I hope he survives imprisonment for the next 20 years in Pol-e-Charki prison. –Matt

Australian escapes death sentence after paying Afghan family

Ex-soldier has sentence commuted to 20 years in jail after paying relatives of murdered guard $100,000

By Jon Boone

Wednesday 5 January 2011

An Australian private security guard who murdered an Afghan worker has escaped the death sentence by paying the family of his victim $100,000 (£65,000), court documents reveal.

The former Australian soldier was handed the death sentence last January after a Kabul court found him guilty of shooting an Afghan colleague before making a crude attempt to make the crime look like a Taliban attack.

But it emerged this week that Robert William Langdon persuaded two supreme court judges that he should be allowed to live after the family of the dead man, who was known as Karimullah, accepted a large compensation payment raised by Langdon’s relatives in Australia.

However, the payment, known in sharia law as ibra, was not enough to commute the whole sentence, so Langdon will face 20 years in Kabul’s notorious Pol-e-Charki prison, home to Taliban and al-Qaida inmates as well as criminals. The jail term is thought to be the longest given to a westerner in Afghanistan since the toppling of the Taliban regime in 2001.

At the time of the killing in May 2009, Langdon was working for Four Horsemen International, a private firm which works with the US military and specialises in protecting military supply convoys.

(more…)

Thursday, December 30, 2010

Legal News: Fitzsimons Goes On Trial In Iraq Charged With Killing Two Colleagues

Filed under: Industry Talk,Iraq,Legal News — Tags: , , , , , — Matt @ 5:24 AM

     Who knows how this case will go?  If any legal folks out there have an idea on how this might go down, I would be interested in hearing your opinion on this. –Matt

Briton goes on trial in Iraq charged with killing two colleagues

Wednesday 29 December 2010

A British security contractor charged with killing two of his colleagues after an argument in Baghdad’s Green Zone has gone on trial in Iraq.

Danny Fitzsimons, 29, from Middleton, Manchester, is charged with shooting dead another Briton, Paul McGuigan, and an Australian, Darren Hoare, in August 2009 and wounding an Iraqi guard while fleeing.

All were working for the British security firm ArmorGroup Iraq.

He is the first westerner to go on trial in an Iraqi court since a 2009 US-Iraqi security agreement lifted immunity for foreigners, and faces the death penalty if convicted.

Fitzsimons, a former soldier who served in the Parachute regiment, was in court as the guard, Arkan Mahdi Saleh, told a three-judge panel he saw Fitzsimons with a pistol before he was shot.

“I was standing at a guard post when I heard some movements behind me,” said Saleh, 33. “When I turned back to check, I saw Fitzsimons with a pistol in his hand and aiming at me.”

Fitzsimons stood behind a wooden fence with two security guards closely watching him.

At one point he asked a judge for permission to speak, but the request was refused. “I’ve got a lot to say,” Fitzsimons told his lawyer after the court adjourned.

Written testimonies from three foreign security contractors said they saw the three men drinking and quarrelling inside one of the caravans where they lived.

The case was adjourned until 23 January.

Story here.

Sunday, December 26, 2010

Legal News: Senate Passes Key Defense Policy Bill Filled With Contractor Oversight Mechanisms

     The key thing here is that this bill was passed just in time to deal with DynCorp’s billion dollar contract.  Which is great.  I would certainly hope that the government would actually care about how this money is spent and that they get their money’s worth.  Although my view on the thing is that actions speak louder than words, and I will believe it when I see some actual adult supervision on this stuff.

     I really liked the last provision listed which “prohibits small arms contracts from being awarded on a sole source basis and require those contracts be awarded based on full and open competition in order to get the best weapons for our troops in combat.” Wow, that is cool! Hopefully this will open up things a little to all companies out there, and contribute to a truly innovative and vibrant competition that would result in getting the best possible weapons into the hands of the troops. –Matt

Senate Passes Key Defense Policy Bill with McCaskill Provisions

December 22, 2010

Senator’s provisions will improve healthcare and benefits for military, increase contracting oversight, and address F/A-18 shortfall.

WASHINGTON, D.C. – Today, U.S. Senator Claire McCaskill applauded the passage of a major defense policy bill, the National Defense Authorization Act (NDAA) for Fiscal Year 2011, which was passed unanimously by the Senate this morning. The NDAA outlines funding levels for the Department of Defense (DoD) for the coming fiscal year and addresses major defense policy matters. When the bill passed the Senate Armed Services Committee, McCaskill, who serves as a member of the committee, was able to win inclusion of several important amendments in the bill that will help improve access to healthcare for the military and improve oversight of DoD contractors. Despite fairly significant changes to the bill before final passage, many of her measures were included in the final bill.

(more…)

« Newer PostsOlder Posts »

Powered by WordPress