Feral Jundi

Friday, September 9, 2011

Finance: Higher Business Taxes May Follow Treasuries Definition Of ‘Small’

Filed under: Finance,Industry Talk — Tags: , , , , , , — Matt @ 11:50 AM

Boy, this is one of those deals that could impact a bunch of folks out there who have set up S Corps or similar business structures as independent contractors. In this quote below I have included a point of contact to follow on this matter who originally brought this front and center. His name is Bob Perry and he specializes in this particular area of the industry. Here is a quote from his article and by all means follow the link if you want to read more and contact him.

TAX ALERT: For Owners of Private Security Companies
September 8th, 2011
By Bob Perry
Congressional lawmakers consider rewriting the U.S. tax code for closely held businesses, including those organized as partnerships, S corporations and limited liability companies.
This could have a dramatic negative effect on the owners of these corporations as they operate the company; and on the net proceeds from an eventual sale of the operating assets.

Hopefully some CPA types can come up and add their two cents on this deal. –Matt

 

 

Higher Business Taxes May Follow Treasury’s Definition of Small
By Andrew Zajac
Aug 18, 2011
A new definition of what constitutes a small business being considered by the Treasury Department is raising concerns among some closely held companies that it’s a step toward requiring them to pay corporate taxes.
The proposed definition, included in an Aug. 9 Treasury report, places the upper limit for a small business at $10 million in annual gross income or deductions. Currently, there is no size limit on what constitutes a small business for purposes of tax policy discussions.
The parameters could affect larger, closely held businesses, including those organized as partnerships, S corporations and limited liability companies. Such firms are called flow-through entities because profits flow directly to their owners, who pay personal income tax without first being subject to corporate tax. Large investment firms, including D.E. Shaw LP of New York and Renaissance Technologies Corp. of East Setauket, New York, and major law firms such as Los Angeles- based Latham & Watkins LLP are organized as flow-through companies.

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Tuesday, September 6, 2011

History: Lawton’s Use Of Civilian Scouts Part 1– The Geronimo Campaign

Lawton’s official report dated September 9, 1886 sums up the actions of his unit and gives credit to a number of his troopers for their efforts. Geronimo gave Gatewood credit for his decision to surrender as Gatewood was well known to Geronimo, spoke some Apache, and was familiar with and honored their traditions and values. He acknowledged Lawton’s tenacity for wearing the Apaches down with constant pursuit. Geronimo and his followers had little or no time to rest or stay in one place. Completely worn out, the little band of Apaches returned to the U.S. with Lawton and officially surrendered to General Miles on September 4, 1886 at Skeleton Canyon, Arizona.-From wikipedia here.

This is ‘part one’ of a very intriguing aspect of history that historians have really never focused on. The Geronimo Campaign was arguably the equivalent to our modern day Usama Bin Laden manhunt. Hell, SEAL Team 6 even identified Geronimo as the call sign for UBL during the raid. In this story, Major General Henry Ware Lawton was a Captain at the time of the Geronimo manhunt, and I wanted to point out his use of contractors in this pursuit.

Geronimo was an incredible Apache warrior that killed many Mexicans and Americans in his guerrilla war and fight for survival. Geronimo was not only a skilled warrior, but his survival and evasion techniques are the stuff of legends. He epitomized what it meant to be an Apache Warrior and he is definitely a combatant that I have respect for.

In this post I wanted to take out the Feral Jundi filter and magnifying glass, and take a look at the contribution of contractors in these historical events. The Geronimo Campaign is as significant to US history, as the UBL manhunt, so it is cool to try to put that hunt into perspective and find some of the clues. I would also like to highlight the similarities between relentless pursuit and Lawton’s constant pursuit, and what it really takes to make that happen.

So what I found out is that civilian contractors did have a significant role in this manhunt. Tom Horn was the chief of scouts for this particular mission, and Captain Lawton highly depended upon Tom Horn and his ability to lead and manage the Indian Scouts under his watch.  These Indian Scouts were essential for reading the sign/spoor/tracks that Geronimo and his band left, and it was this scouting and tracking, along with relentless pursuit that tired out Geronimo and forced him and his group to give up.(Albert Sieber was another famous Chief of Scouts for General Cook who was in charge of Tom Horn. Al went with Cook into Mexico as well looking for Geronimo)

At sixteen, he (Tom Horn) headed to the American Southwest, where he was hired by the U.S. Cavalry as a civilian scout under Al Sieber and became involved in the Apache Wars and aided in the capture of warriors such as Geronimo. On January 11, 1886, Tom Horn was involved in an expedition into Mexican territory in the pursuit of Geronimo. During the operation, Horn’s camp was attacked by Mexican militia and he was wounded in the arm.Allegedly Horn killed his first man in a duel-a 2nd Lt in the Mexican Army. -From wikipedia.

If you read through this account below, you really get a feel for how dangerous and how tough this campaign was. These guys were also operating in Mexico, which had it’s own set of difficulties. It is also important to point out that food or logistics was crucial to keeping up the pace for this pursuit. And when food ran out, they had to hunt and subsist off of the land to keep up the hunt.

Of course Geronimo and his gang lived off the land, but they also did a lot of raiding of Mexican and American groups to get food, weapons, and anything else of value. Geronimo had some serious offense industry going on in order to survive and justify further war parties. But he was also heavily hunted by Mexico and the US and his Indian raiding parties took some hits.

Check out the story below and definitely click on the links to the history of Tom Horn. He is certainly a controversial figure in American history, but none the less, he and his Indian Scouts were a crucial element of the Geronimo Campaign, and to the Indian Wars as a whole. In part 2 of Lawton’s Use Of Civilian Scouts, I will delve into his creation of the Young Scouts during the Philippine-American War. –Matt

 

Lawton's Pursuit of Geronimo, Frederic Remington

Captain Lawton’s Campaign
as recounted by Captain Leonard Wood
As illustrating the character of the raiding done by these Apaches, I may mention the case of the Peck family. Their ranch was surrounded by Indians, the entire family was captured, and several of the farmhands were killed. The husband was tied up and compelled to witness indescribable tortures inflicted upon his wife until she died. The terrible ordeal rendered him temporarily insane, and as the Apaches, like most Indians, stand in great awe of an insane person, they set him free as soon as they discovered his mental condition; but otherwise he would never have been allowed to live. He was afterward found by his friends wandering about the place.
His daughter, who was about thirteen years old, was captured by the Indians and carried by them three hundred miles, hotly pursued by Captain Lawton’s command, when they met a party of Mexicans consisting of sixty or seventy men. The Mexicans fired a volley on the Indians, killing a woman and wounding the men who carried the little girl, thus enabling her to escape. This Indian’s horse was killed at the same time, thus making it impossible for him to follow the remainder of the party as they retreated, so he took to the rocks, and stood off the entire sixty or seventy Mexicans, killing seven of them, each of whom was shot through the head.
Our command had followed the outfit that had the little girl, and on the same day that this skirmish occurred with the Mexicans we had been able to get near enough to fire at them, but it was too late in the day to accomplish anything, and the next morning at daybreak we were again on their trail following as fast as possible, when our scouts came rushing back, saying they had met a large body of Mexican troops. Captain Lawton, Lieutenant Finley, and myself went on foot as rapidly as we could to try to overtake them but they were in full retreat and we had to follow them about six miles before we could catch them. As we approached, the whole party covered us with their rifles and seemed very much excited. They proved to be the very party who had recaptured the little girl, and they now delivered her over to Captain Lawton, who sent her back to the United States where she was taken in charge by friends.

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Monday, September 5, 2011

Medical: Security Issues–A Top Five, By Angela Benedict

The other day Angela wrote me to ask about some of the issues that contractors are having to deal with in the war and at home. Stuff that get’s us into trouble on the job or with our personal lives. It’s a good list, and a good start. I am sure there are other issues we could talk about and hopefully this will get the mental juices flowing out there. A big thanks to Angela for putting this together.

I also forgot to give her one more area that really messes with guys, and that is the money issue. Sometimes people get into contracting against their wishes, all because they are desperate. You have scenarios where guys are extremely burned out on anything to do with the war or the military, but they have a family they need to feed and jobs are scarce at home.  So they begrudgingly get into contracting, and introduce this bitterness to the work place. They might not have any respect at all for contracting and the very basic guard duty jobs they are doing, and this attitude gets them in trouble with their co-workers and management.

The other reason why I like posting this stuff is that this gives those out there that are suffering, more tools and ideas on how to cope. Angela is the only one out there that has reached out to this community with a helping hand, and I think she is an awesome person for doing so. As a result, I send folks her way all the time.

I also get the hard emails now and then, and all I can do is listen and try to channel them to persons and places that can help. I definitely do not want to see another Danny Fitzsimons scenario where a contractor is suffering and yet they keep going after jobs to stay employed. But these are the guys that are walking time bombs in the contractor workplace. We need to find these contractors and help them before they hurt themselves or others.

Which by the way, and I mentioned this to Angela, I do not know what the suicide statistics are for contractors. I imagine there have been quite a few suicides, just because many contractors already come from a past filled with trauma–either as a cop or veteran of a war. But there are no studies at all about this area of contracting. If I were to speculate, the rates of suicide would be similar to that of the military or police. But this is just speculation….

I am also interested in all and anything that will help to create mental resiliency for war zone work. Because we all deal with some kind of personal demon or issue which can have an impact on our work, health, or relationships, and it is important to create a personal battle plan on how to work through those issues. You need to be constantly learning about yourself and continuously improving upon what makes you strong and resilient mentally. The pay off is the ability to work in this industry for the long term and still maintain a life at home.  The other pay off is that your mental state will not interfere with your job, and your decision making process will be enhanced and focused on winning the fight. –Matt

Security Issues – A Top Five.
By Angela Benedict
August 30, 2011
Five of the most debilitating issues in security disciplines are; addictions, relationships, PTSD, physical pain and suicide. Addictions are tied to relationship problems.  Alcohol and women get many personnel into serious, life-altering trouble.  Alcohol is especially problematic as it has such an engrained historical place and therefore acceptance within military settings.  It is a cultural norm.  The devastating effects of its status are seen as unfortunate, but not serious enough to curtail the place it holds in the culture.  If this happened, the positive ripple effect would be immense.

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Wednesday, August 31, 2011

Publications: CWC Final Report To Congress–Transforming Wartime Contracting, August 2011

Filed under: Industry Talk,Publications — Tags: , , , , — Matt @ 3:25 PM

Here it is. If you want some light reading, this is the report for you. lol Actually, the more folks that can read this thing, the more input I can get about it. If you find anything wrong with the report, or disagree with one of the findings, then definitely let the viewing public know about it in the comments below.

I would also like to commend the members of this commission for taking on such a daunting task and coming up with a product. Now the key is to learn from it, and make the necessary adjustments. We have enough reports and information to build an excellent contingency contracting program. Now it just takes leadership and resolve to act on those lessons learned.

I also wanted to comment on something that I think is pretty telling. At no time did the commission ever make an effort to contact me or this blog. Although I know that a good portion of my readership comes from the beltway and I have to assume that the various researchers tasked with helping the CWC have come across this blog. But no one has come forward to talk, and that is really too bad. What are you scared of?

For that matter, I haven’t seen any CWC folks reach out on the various forums that this industry congregates on, and that is odd to me as well. Although I am sure the CWC has reached out to the various companies and associations, it just seems that they have completely avoided talking to the very group that their report would impact.

Contractors have been killed and wounded in this war in great numbers, and they will continue to make that sacrifice. Contractors also have a huge presence in today’s war zones, and thousands have served over the years. Arguably, this highly flexible civilian army is a strategic asset to this nation. If it isn’t, then implement the draft or spend the money on recruitment to bring everything under military control.

I highly doubt that politicians will ever have the political will to implement a draft, or to convince tax payers to raise a standing army of such size and nature. The point is, is that contractors are here to stay and this nation cannot go to war without us. So to not reach out to this industry and acknowledge this sacrifice and contribution, is just wrong.-Matt

 

CWC Final Report To Congress–Transforming Wartime Contracting, Controlling Costs, Reducing Risk, August 2011

Tuesday, August 30, 2011

Industry Talk: Pentagon Contracting Policy Is Faulted By The CWC And Center For Public Integrity

Our report is not an attack on contractors. In general, contractors have provided essential and effective support to U.S. personnel in Iraq and Afghanistan. But the costs have been excessive, largely because of a shrunken federal acquisition workforce and a lack of effective planning to use contractors and the discipline of competition.

That is great that the CWC made this distinction, because it is very easy for the government to place blame on private industry (agent), and not blame the Pentagon (principal) for any of this. I should also note that in the second article below, the author correctly placed blame on President Obama for not following through with his campaign promises. Here is the quote:

President Obama weighed in on the problem both as a candidate in 2008 and in a presidential memo in 2009. The center also cited a memo promising efforts at greater use of “multisource, continuously competitively bid” contracts issued in 2010 by Defense Undersecretary Ashton Carter, the Pentagon’s senior procurement chief.
But “campaign pledges and memos have made little headway in combating the problem,” wrote analyst Sharon Weinberger, whose team studied a dozen government reports and investigations and interviewed eight former government officials and experts.

And this is the statistic that really stands out. This administration has had plenty of time and opportunity to make things right and follow through with promises, and they have not done this.

Meanwhile, the Center for Public Integrity’s research findings, which it will unfold daily this week in a series called “Windfalls of War,” include an analysis of federal data concluding that “the Pentagon’s competed contracts, based on dollar figures, fell to 55 percent in the first two quarters of 2011, a number lower than any point in the last 10 years since the terrorist attacks of 9/11.” The center noted that the issue of noncompetitive contracting practices has been examined many times by the Government Accountability Office, the Defense Department’s inspector general, and the Commission on Wartime Contracting.

I can’t tell you how frustrating this has been to watch. The US government has so many reports and data points to draw conclusions from. We have been contracting for the last ten years and have numerous lessons learned to apply to our contracting machine.  How many more reports or suggestions or critiques does it take?

Now one thing that I noticed in the first article that I wanted to point out, is this quote:

Projects that are or may be unsustainable are a serious problem. For instance, U.S. taxpayers spent $40 million on a prison that Iraq did not want and that was never finished. U.S. taxpayers poured $300 million into a Kabul power plant that requires funding and technical expertise beyond the Afghan government’s capabilities. Meanwhile, a federal official testified to the commission that an $11.4 billion program of facilities for the Afghan National Security Forces is “at risk” of unsustainability.

Unsustainable projects, equipment, or weapons systems are an area of conflict that just kills me. We threw so much money at these conflicts, and the war planners and strategists determine projects that must be built to support the war effort. These projects create jobs and they give the local population something to do, other than picking up a gun and joining the insurgency.

But what happened to commons sense in this planning?  Why build a prison that Iraqis do not want?  Why build a power plant that would require money and expertise that a country does not have? It’s like giving some kid without a drivers license and makes 500 dollars a year, a Porche, and expecting them to be able to pay for the insurance, gas and maintenance of the thing. Let alone thinking they have the skills necessary to drive that vehicle safely. It is just irresponsible, and that is the way we should be looking at war planning and how we help these countries.

I would also be interested to read how many of these types of wasteful or unsustainable projects were the contributors to this $30 billion dollar figure? Of course I will concede to the fact that there have been wasteful or fraudulent companies, but over all I still put the blame on those leaders that came up with this war planning and oversaw this contracting process.

Finally, here is the list of suggestions that the CWC put up as a teaser. This is an interesting list, but I do disagree with the inherently governmental portion.

Security Council meetings to ensure that the many agencies involved in contingency contracts or grants are properly resourced and coordinated;
-Making more rigorous use of risk analysis when deciding to use contractors, rather than assuming that any task not on a list of “inherently governmental function” is appropriate for contracting;
-Requiring that officials examine current and proposed projects for risk of unsustainability, and cancel or modify those that have no credible prospect of operating successfully; and
-Creating a permanent inspector general for contingency operations so that investigative personnel are ready to deploy at the outset of a contingency, and to monitor preparedness and training between contingencies.

To me, contractors are certainly capable of doing anything the military can do. To include offensive operations. I have brought up examples of this kind of offensive capability, both American and other. Companies like the AVG’s Flying Tigers, our early privateers, or companies like Executive Outcomes all showed the potential of privatized offensive operations. So private industry can do the job, and to me, the decision to use private industry for such a thing should be based on the national security of a country, and of the military leaders tasked with protecting a country, and not on some false idea that industry is not capable of such things. Private industry is a tool in the toolbox of national security, and the survival of a country is ‘inherent’. –Matt

 

 

Reducing waste in wartime contracts
By Christopher Shays and Michael Thibault,
August 28, 2011
At least one in every six dollars of U.S. spending for contracts and grants in Iraq and Afghanistan over the past decade, or more than $30 billion, has been wasted. And at least that much could again turn into waste if the host governments are unable or unwilling to sustain U.S.-funded projects after our involvement ends.
Those sobering but conservative numbers are a key finding of the bipartisan Commission on Wartime Contracting in Iraq and Afghanistan, which will submit its report to Congress on Wednesday. All eight commissioners agree that major changes in law and policy are needed to avoid confusion and waste in the next contingency, whether it involves armed struggle overseas or response to disasters at home.
Tens of billions of taxpayer dollars have been wasted through poor planning, vague and shifting requirements, inadequate competition, substandard contract management and oversight, lax accountability, weak interagency coordination, and subpar performance or outright misconduct by some contractors and federal employees. Both government and contractors need to do better.

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