Feral Jundi

Monday, July 14, 2014

Legal News: Leahy, Price Reintroduce CEJA Bill

Filed under: Legal News — Tags: , , , , , , , , , , — Matt @ 10:32 PM

Interesting news on the legal front. The Civilian Extraterritorial Jurisdiction Act has been brought up before in the past to give DoJ the jurisdiction necessary to prosecute non-military related contractors. Which is a significant portion of US government contractors. This group would include DoS or ‘other government agency’ type contractors, and this legislation would close that gap. Currently the MEJA covers military related contractors.

Why this is important, and especially now, is that contractors currently work in countries where they are not covered by a SOFA or have immunity. They are basically at the mercy of the local judicial process.  CEJA, like MEJA, would give the US government jurisdiction over contractors that it hires for work in these countries that have no SOFA in place to cover them. Iraq is an example of such arrangement and WPS guys and embassy protection forces are there, currently working for DoS.  CEJA would give jurisdiction for prosecution to the US government.

In other words, if you ran into trouble, would you rather be tried in a US legal system or some overseas third world court run by corrupt officials?

Another point with the CEJA is that it further legitimizes the PMSC industry. It helps to take away that argument that we are somehow ‘above the law’ or untouchable. Clients of our services will benefit from having a protective force that can be held accountable.

It will also contribute to a speedier trial. Just ask the contractors involved with the Nisour Square incident, that have been in a legal mess for years. The legal jurisdiction has been a factor.

So we will see where this goes. One critique I do have in regards to this press release is the mention of Jamie Leigh Jones and her case. Whereas the jurisdictional questions about her case are valid to bring up, I find it disingenuous to not mention the fact that she lied about the whole thing.

To read up on the past issues with the CEJA, check out David Isenberg’s commentary on it over the years. Here is a copy of the latest bill and the Congressional Research Service wrote a report on the particulars of why a CEJA is the right thing to do. We will see how the committee treats this one. –Matt

 

Senator Patrick Leahy in a committee.

 

Leahy, Price introduce legislation to hold American contractors overseas accountable
News Release — Sen. Patrick Leahy

July 14, 2014
Contact:?Jessica Brady (w/Leahy) – 202-224-7703?Andrew High (w/Price) – 202-225-1784
Also helps lay groundwork for eventual preclearance arrangements in restoring Vermont-to-Montreal passenger rail service??WASHINGTON (MONDAY, July 14, 2014) – Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Congressman David Price (D-N.C.) renewed their partnership on bicameral legislation to provide accountability for American contractors and government employees working abroad.
The Civilian Extraterritorial Jurisdiction Act (CEJA), which the lawmakers introduced Monday, would close a gap in current law and ensure that government employees and contractors working overseas can be prosecuted for criminal acts they commit abroad. The two lawmakers have worked together on the legislation for years.
The legislation allows the U.S. Justice Department to prosecute government contractors and employees for certain crimes committed overseas. Tragedies like the 2007 killing of unarmed civilians in Baghdad by private security contractors with Blackwater underscore the need for clear jurisdiction and trained investigative and prosecutorial task forces able to hold wrongdoers accountable. Four Blackwater guards involved in the Nisour Square shooting are currently on trial.
“The Blackwater trial is only just now under way, seven years after this tragedy, and the defendants continue to argue in court that the U.S. government does not have jurisdiction to prosecute them,” Senator Leahy said. “This bill would also provide greater protection to American victims of crime, as it would lead to more accountability for crimes committed by U.S. government contractors and employees against Americans working abroad.”

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Thursday, January 30, 2014

Legal News: GardaWorld’s Daniel Ménard Thrown In Afghan Jail

Filed under: Afghanistan,Legal News — Tags: , , , , , , , , , , , — Matt @ 12:00 PM

This is an interesting one that just popped up on my radar. I found it yesterday and posted it on Facebook, and I received multiple viewpoints on what is going on. Everything from it is all GardaWorld’s fault and Ménard is incompetent, to Gardaworld and Ménard is yet another victim of the Afghan legal system and corrupt officials.

For this deal, I was instantly reminded by the readership, as well as personally recalling all of Afghanistan’s past legal shenanigans.  Doug mentioned the Bill Shaw story where he was thrown in an Afghan jail on false bribery charges. Trevor mentioned the other GardaWorld story of some contractors that got arrested because they had 30 AK’s on them. Funny that, contractors with guns in a war zone? Of course this story was related to the APPF scheme of seizing the weapons of companies–without paying those companies for said weapons.

Another story mentioned was the arrest of Michael Hearn of Global Strategies Group for not registering their weapons. Those weapons according to the company, were parts guns that were not serviceable, used to repair other AKs.  I am sure there are other incidents that I am forgetting, but you get the idea. Kimberly Motley could probably add something to this conversation because of her extensive dealings with the Afghan legal system.

Some other stories of contractors wrongly thrown in Afghan jails include guys like Phillip Young, who thanks to Kimberly’s work, was set free. Another guy I have written about in the past was Robert Langdon, whom is still rotting away in prison.

The other interesting point on this story is Ménard’s  background. Michael Yon was highly critical of this leader back when he was a general in the Canadian Arm Forces posted in Afghanistan.  But even Michael’s current tone is one of being skeptical as to why he is in an Afghan jail.

I imagine the way this will work out is that he will stay in prison until the company or his family pays the fine. Hopefully he doesn’t stay in prison as long as Bill Shaw. Bill spent two years at Pul-e-Charkhi prison and was fined £16,185! Kimberly was also hot on this case and was instrumental in getting him released. –Matt

Edit: 02/19/2014- Daniel was released from detention. Story here.

 

 

 

Former Brigadier-General Daniel Ménard, the former head of Canadian forces in Afghanistan who now works for private security firm GardaWorld, was detained there since about Jan. 12.
By Allan Woods
Jan 29 2014
Former Canadian brigadier-general Daniel Ménard, who was fined and demoted for having a sexual relationship with a female subordinate, has been sitting in an Afghan jail for nearly three weeks, the Toronto Star has learned.
The former head of Canadian forces in the country, who now works for private security firm GardaWorld, was detained on or about Jan. 12. He was picked up by local authorities after leaving a meeting with Afghan government officials to discuss issues related to the development of Afghan security forces, Joe Gavaghan, a spokesman for the company, said in an interview Wednesday.
“He was leaving a meeting at the ministry office and a couple of officials approached him. They said, ‘We’ve got a problem with something and we’d like you to come with us to clear it up.’ Off he went and the next thing he knew he was going to be detained until they cleared it up.”
Ménard has not been charged with breaking any laws, Gavaghan said, adding the incident is based on an “administrative misunderstanding” related to its licence to operate in Afghanistan as a private security firm.
Gavaghan said the former commander of the 5 Canadian Mechanized Brigade Group, based out of CFB Valcartier, appeared in a Kabul court Wednesday.
“This involves some kind of administrative issue with our operating licence. It was kind of a technicality. It’s been cleared up and we believe that the individual is going to be released very shortly,” Gavaghan said.
“Right now we’re just trying to do everything we can to make sure there’s no further complications or anything that would delay that.”

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Thursday, September 6, 2012

Cool Stuff: The Private Security Monitor–One Stop Shopping For Laws And Regulations For PMSC’s

Filed under: Cool Stuff,Industry Talk,Legal News — Tags: , , , , — Matt @ 5:37 PM

This is a great resource for those that own PMSC’s, or are looking to start one up. If you want to operate internationally, you need to know the laws and regulations pertaining to running your business in these parts of the world.

For a great interview with the founders of the Private Security Monitor, go to Maritime Security Review’s post. Here is a snippet.

1) What was the driving force for developing the Private Security Monitor web portal and what are the Centre’s principal objectives?

The idea for the Private Security Monitor grew out of a 2011 workshop I hosted at University of California Irvine, part of an on-going collaboration with the Geneva Centre for the Democratic Control of Armed Forces (DCAF). At this workshop, participants from governments, international organizations, civil society groups, and industry focused enhancing transparency around private military and security services. Participants seized upon the idea of building a centralized, online information portal specific to these services and agreed that academic institutions were well-poised to undertake this project. When I was offered a position directing the Sié Chéou-Kang Center for International Security and Diplomacy at University of Denver’s Korbel School, this became our first major project.

We launched the “Private Security Monitor” publicly in August. The web portal, located at psm.du.edu, provides an annotated guide to regulation, data and analysis of private military and security services. It is a one-stop source for public information on the worldwide use of these services and thus a resource for governments, policy-makers, activists, journalists, and researchers.

And this portion tells what is available to readers.

6) What are the principal benefits for MSR readers and how would you suggest that they use the portal?

There are many useful documents for maritime security providers on the Private Security Monitor site. There is a dedicated IMO section with links to all IMO guidance; a list of leading industry associations and links to industry association reports on the use of privately armed guards aboard ships; organized by country, regulations relevant to the use of private armed guards and carriage of armaments aboard ships; and standards related to the hiring, vetting and training of private security service providers.

Users can scroll through the site to learn about the variety of regulations and regulatory efforts contained therein. They could also search documents according to issue area, document type, geographical area, year or keyword. There is a quick search tab on each substantive page and a more comprehensive search page that can be accessed from the top navigation bar.

Pretty cool and I will keep a link to the PSM over in the links to the right of this blog. –Matt

 

About the Private Security Monitor Project

The Private Security Monitor is an independent research project dedicated to promoting knowledge of and transparency in global private military and security services. The Private Security Monitor’s web portal provides an annotated guide to regulation, data and analysis of private military and security services. It is a one-stop source for public information on the worldwide use of these services and thus a resource for governments, policy-makers, activists, journalists, and researchers.
Housed and maintained at the Sié Chéou-Kang Center for International Security and Diplomacy at the University of Denver’s Josef Korbel School of International Studies, the Private Security Monitor operates in partnership with the Geneva-based Center for the Democratic Control of Armed Forces (DCAF).
BACKGROUND and FUTURE DEVELOPMENTS
The idea for the Private Security Monitor grew out of a 2011 workshop at the University of California, Irvine co-sponsored by UCI’s International Studies Program, DCAF, and the Center for Security, Economics and Technology (CSET) at the University of St. Gallen. At this workshop, participants from governments, international organizations, civil society groups, and industry agreed that lack of transparency was an important problem for the governance of private military and security services and that academic institutions could best contribute to information sharing, research and analysis. Thus the workshop’s first recommendation was for an academic-based project to serve as a one-stop source for information about private military and security services.

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Wednesday, August 1, 2012

Legal News: Fake Green Beret Sues Military Heroes To Silence Their Criticism

Filed under: Colorado,Legal News — Tags: , , , — Matt @ 11:01 PM

After hearing about this particular case from some friends, it made my stomach turn. This ‘fake special forces poser’ was rightly called out as a fake by these heroes, and this individual has the audacity to turn around and try to sue them for calling him out? Truly despicable…

My thoughts is that he does not have a chance with this case and that the ‘legions’ of special forces folks, veterans and supporters will all be squashing his pathetic efforts. His reputation is shot regardless of any legal actions taken. We will see how it goes and definitely check out the links in the press release below if you would like to read the back story on this. –Matt

To donate to the cause, here is an quick note on the process:

“If you would like to help offset the legal costs of certain individuals fighting these legal actions, it would be much appreciated.
Keep in mind you are not contributing to a 501(c)(3) charitable organization. This is NOT a charitable donation and NOT tax deductable.
This is a private paypal account of one the individuals who was served on this lawsuit.
This individual will in turn distribute the monies to various legal entities and others as required to cover the legal costs of certain individuals that have arisen due to these actions.
Once all legal matters have been resolved and legal costs are covered, if there are any monies left over, the individual will contribute the remaining funds to a military related charity.
Paypal account name rgrjoe175@aol.com”

The Facebook Page for the cause here.

 

(Check out SOFREP’s post on the matter and all of the comments.)

 

John Giduck.

 

Subject: Fake Green Beret Sues Military Heroes to Silence Their Criticism
12 July 2012
On June 11th 2012 a Colorado man, John Giduck, filed a SLAPP lawsuit in an effort to censor, intimidate and silence veterans by burdening them with the cost of a legal defense until they abandon their criticism of him. (SLAPP: “Strategic Lawsuit Against Public Participation.”).  Ironically, Mr. Giduck is suing some of the same veterans who exposed congressional candidate Ken Aden (Arkansas, 3d District) for his false claims as a Special Forces Soldier.
The veterans, several of whom are decorated special operations personnel, questioned Mr. Giduck’s claims to be a “Green Beret” and a “former Army Ranger.” Mr. Giduck has made such false claims repeatedly in promotional materials for law enforcement and military seminars.  This link has a timeline of Mr. Giduck’s various activities and examples of his false biographical information uncovered on the web.
In these seminars, Mr Giduck advocates tactics, techniques and procedures that the veterans find to be fundamentally unsound and dangerous.   Among them are:
–Installing knock-out gas delivery systems in public schools;
–Deploying armed teams of former Special Operations personnel in public schools as opposed to local law enforcement;
–Employing fire hoses to neutralize heavily-armed terrorists holding student hostages.

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Friday, June 8, 2012

Legal News: Rep. Cummings Introduces Legislation To Reform DBA Insurance Program

Filed under: Industry Talk,Legal News — Tags: , , , , , — Matt @ 2:27 AM

Analysis of Labor Department data found that insurers had denied about 44 percent of all serious injury claims — those involving more than four days of lost work. The companies also turned down about 60 percent of contractors who claimed to suffer psychological damage such as post-traumatic stress disorder. The Times sued the government for access to Labor Department records.
“There are clearly serious deficiencies in the health coverage of civilian employees who have been injured while working overseas to keep us safe here at home — costing not only the men and women who are being refused coverage for the treatment they need, but also for the American taxpayers who are footing the bill for their coverage,” Cummings said.

This looks like some good legislation. Thanks to the work of Propublica and others, these insurance loopholes and wasteful practices will hopefully be shut down. It is also atrocious that at one point in this war, up to 44 percent of all serious injury claims were being denied. It is appalling that contractors were treated like this.

So hopefully this law get’s passed and it actually fixes the problem. I like the language in the bill in regards to assessing the law’s effectiveness after one year. If you have anything to add, either in support or against, let us all know.

If you want a great primer on what spurred on this legislation, check out Propublica’s work and there is lot’s of great info on this industry there. If you have any nightmare DBA claim stories, feel free to put that up in the comments section as well. –Matt

 

Cummings Introduces Legislation to Reform Defense Base Act Insurance Program
June 6, 2012
Rep. Elijah E. Cummings, Ranking Member of the House Oversight and Government Reform Committee, introduced legislation today that would save taxpayers huge sums of money by transitioning the existing workers’ compensation insurance system for overseas government contractors away from private sector insurance companies to a federal self-insurance program.
“There is absolutely no reason American taxpayers should be lining the pockets of private insurance companies,” said Cummings.  “This bill would save billions of dollars while improving the ability of contractor employees who risk their lives in war zones to obtain the medical care and support they deserve.”
According to a 2009 Pentagon study, Congress could save as much as $250 million a year by transitioning the existing Defense Base Act (DBA) insurance program to a government self-insurance program.  The study found:  “In the long run, the self-insurance alternative may have the greatest potential for minimizing DBA insurance costs, and it has several administrative and compliance advantages as well.”

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