Feral Jundi

Monday, February 28, 2011

Legal News: Fitzsimons Gets Life Sentence In Iraq, Escaping Hanging

     Interesting verdict. Thanks to Carmen for giving me the heads up on this story and this is hopefully the final chapter on a very tragic incident.

     This is also significant because this is the first Western contractor to be prosecuted and convicted of a crime in Iraq. –Matt

UK contractor gets life sentence in Iraq, escaping hanging

February 28, 2011

An Iraqi judge sentenced a British contractor to life in prison Monday, sparing him the death penalty.

Daniel Fitzsimons, 30, was charged with murder in the 2009 shooting deaths of two colleagues in Baghdad, in the first trial of a Westerner in Iraq since the Iraq War started in 2003.

He pleaded not guilty, telling a three-judge panel that he shot the two men in self-defense.

The judge who sentenced him said he didn’t give him the death penalty “because you’re still young and because of the circumstances of the crime,” he said.

Fitzsimons smiled and thanked the judge when he heard the verdict Monday.

The victims were Paul McGuigan, a British national, and Darren Hoare, an Australian. Fitzsimons was also accused of the attempted murder of a guard.

(more…)

Thursday, February 24, 2011

Industry Talk: FBO–USACE Looking For Interested Companies For Possible Security Support Contract, Afghanistan

     Not that companies who are in the mix don’t already know about this FBO posting, but still I figured I would put it out there for the rest of the industry to check out.  From the sounds of it, this contract would be similar to the remote bases that USACE used to run in Iraq for the CMC projects.  Those were cool contracts because contractors did it all at those camps.  From PSD missions to convoy security, and of course static security–security contractors were vital assets.

     What would be different here is the increased use of aviation transport.  In Iraq you could convoy everywhere and aviation was not used as much for these CMC camps.  But in Afghanistan, air transport and the security that goes with it would be a big part of this contract.

     The other difference is that USACE is probably doing a different mission with this contract than clearing munitions.  Reconstruction could mean all sorts of things and who knows what they will be building? We will see if they fly this one or not, because this is still in the beginning research phase. –Matt

R–Afghanistan Reconstruction Security Support Services for the U.S. Army Corps of Engineers

Solicitation Number: W912ER11R0050

Agency: Department of the Army

Office: U.S. Army Corps of Engineers

Location: USACE Middle East District

Synopsis:

Added: Feb 02, 2011 11:04 pm

The U.S. Army Corps of Engineers (USACE), Middle East District, is publishing this sources sought notice to solicit responses from firms interested in and capable of providing the following services throughout Afghanistan: comprehensive security, operations, transportation, aircraft, and intelligence services to secure and account for Afghanistan Engineering District-North (AEN) and Afghanistan Engineering District-South (AES) personnel, provide all forms of transportation services, provide quality assurance activities to include construction, nationwide operational oversight, intelligence analysis, production of intelligence products, convoy transportation and security, fixed/rotary wing air-transportation services, personal protective services, static site security, community liaison activities, local atmospherics, supply and maintenance of armored vehicles, establishment, maintenance and management of a nationwide, visual map-based satellite tracking product, establishment, maintenance and management of a nationwide voice and text communication network, and vetting of third-party employees. The contemplated contract awarded from a solicitation for this work will constitute an Indefinite Delivery, Indefinite Quantity (ID/IQ) type contract as defined in FAR 16.504. Task orders will be Firm-Fixed Price (FFP).

(more…)

Monday, February 21, 2011

Medical: ‘Experts’…. Look At Civilians Hurt Supporting War

     The most prevalent diagnoses for civilians were musculoskeletal/spine injuries (19 percent), combat-related injuries (14 percent) and circulatory disorders (13 percent). Among members of the military, the most common diagnoses were musculoskeletal (31 percent, 6.4 percent of them considered war-related), combat (14 percent) and psychiatric (9 percent).

     Cohen noted that civilians with psychiatric diagnoses were significantly more likely to return to duty (16 percent, versus 9 percent for soldiers). “Despite the military’s emphasis on screening and early treatment for psychiatric disorders, they still take a much greater toll on military personnel than nonmilitary personnel,” said Cohen, who is also director of Chronic Pain Research at Walter Reed Army Medical Center.

 

    After looking through this, I had some objections with the study. It is lumping in civil servants or federal employees with non-federal employees or civilian contractors.  The reason why I disagree with this combination is that federal employees would have different motivations and different compensations than civilian contractors. It would have been better to completely separate the two.

    Dr. Cohen said this as well–‘Civilians, who often work in security and transportation jobs, are less likely to be in the line of fire and don’t expect to be injured in combat‘. I absolutely disagree with this statement and I am not sure how he came to this conclusion?  Even the KBR truck drivers that were hired to work in Iraq at this specific time line of the study (2004 to 2007) would have had to have known through the news and through word of mouth, that they were signing up for a very dangerous contract in an active war zone.

    The security contractors that worked at that time, and especially in Iraq, all considered the idea of being ‘injured’ or killed in combat every day they worked there.  How could a person in this position not consider this?

    This study also highlights some strengths and weaknesses of the contracting model in war zones, as it pertains to the medical side of things.  It shows how contractors view their job as a profession that will help to feed their family and pay the bills. The study makes no mention of that contractor’s patriotism or their desire to be with the team. The various motivations for them to continue going back to that war zone is varied, and this study does not differentiate. This study also represents a very dangerous time period to be a contractor, and a key time period of the development of the industry.

    On the other hand, the study pointed out that after civilians were wounded from ‘combat related’ injuries, they were more likely not to return.  Is that because they lost heart for the work or is that because the injury was debilitating enough to where they could not go back? Does the study make any mention of how many incidents that an individual had been through, both in their military history and contractor history?  Or how many of these folks have returned back to work after such incidents, but years later. This is happening in this industry, and the contracting model allows individuals to do this, dependent upon their resume and vetting.

    The other interesting statistic was this one. ‘Cohen noted that civilians with psychiatric diagnoses were significantly more likely to return to duty (16 percent, versus 9 percent for soldiers).’  This statistic needs to be clarified. How many of these folks that were questioned, were military veterans or police veterans that had carried their mental issues with them into their contract? Or what kind of diagnosis is given for each individual questioned, and was it related to combat and the war, or were these psychiatric issues a carry over from something else going on in their lives?

    With that said, the drive for a contractor with mental problems to continue working to feed their family and pay the bills, might be stronger than seeking help and not working.  At this time period of the study, a secret clearance was not mandatory. But there was the infamous CRC that many contractors had to cycle through at that time, and the military was tasked with medically screening folks.  At the bases that conducted this screening, contractor’s medical backgrounds were reviewed.

    Even with these screening processes, contractors still slip through.  Danny Fitzsimons is just one case of a contractor with mental issues making it through the system. There is also the peer review or on the ground management of teams that helps to screen folks as well. If there is an individual that is mentally unstable, they will be identified and removed from contract due to their liability. Everyone has to be a little crazy to do this work, but no one wants to depend their survival on some dude that is mentally gone.

     The high musculoskeletal/spine injuries statistic is the one statistic that was intriguing to me.  With the use of body armor and how heavy it is, as well as the hours of standing around or driving around wearing it, this can have adverse effects on the body.  Even though the armor can save a life, it still can injury a person just because of it’s weight. This is a problem for the military, and for contractors, and back injuries and the pain medications required to deal with those injuries will become very common place as contractors and military continuously work in war zones and wear this stuff. Armor is a paradox of sorts, and not to mention it’s limitations on the mobility of a war fighter. It may save your life, but it will also allow enemy combatants to out run you and give them a chance to fight again.

     Now what would be an interesting study is to pick up where they left off and see how things look now(2007 to 2011)?  A lot has happened since then.  If the study was better targeted and consultants outside of the medical group were asked to help guide the process, then that would be a more thorough and respected study. People will support what they help to create…. –Matt

Experts look at civilians hurt supporting war

February 21, 2011By Stephanie DesmonAfter analyzing data on 2,155 private contractors, diplomats and other civilians supporting war efforts in Iraq and Afghanistan who were medically evacuated from combat zones, researchers have found that such civilians are more likely to be evacuated for noncombat-related injuries but more likely to return to work in-country after treatment for these conditions.

Still, the findings of the Johns Hopkins–led research team, published online in CMAJ, the journal of the Canadian Medical Association, note that 75 percent of the nonmilitary group medically evacuated from the war zones to Landstuhl Regional Medical Center in Germany between 2004 and 2007 did not return to the field.

(more…)

Saturday, February 12, 2011

Cool Stuff: Damien’s War And The International Anti Poaching Foundation

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.

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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).

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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.

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