Feral Jundi

Tuesday, December 27, 2011

Legal News: Iraq Releases 3 Security Contractors That Have Been Detained Since December 9th

Filed under: Industry Talk,Iraq,Legal News — Tags: , , , — Matt @ 10:25 PM

I have no clue what company these guys were working for, but stuff like this burns me up. The US has had plenty of time to plan for the withdrawal of troops from Iraq, and prepare the legal battlefield for security contractors and others. These folks must have legal protections or some kind of an agreement established with Iraq so that these contractors can perform the service they were hired to do.

The other thing that bothers me with this is that two of these contractors were Americans. Yet again, why isn’t the DoS fighting tooth and nail to get every reasonable protection and agreement they can with Iraq so that US citizens at the least are treated fairly and with dignity. I mean someone should be reminding Iraq about how much blood and treasure the US has expended in this whole thing. Or remind them that we did not take their oil and other treasures, like most armies would have done in the past. (yep, I went there….)

The partners of US contractors deserve to be treated fairly and with dignity as well. The Fijians have certainly lost contractors in this war doing extremely dangerous missions all over Iraq. Missions that helped support efforts to rebuild Iraq and helped to encourage peace and stability there. There are and will be other contractors from other parts of the world who are supporting the mission to rebuild post war Iraq, and to treat them with disrespect is not right.

Either way, I think most contractors in Iraq have the feeling that regardless of whatever laws or agreements that are passed or lack there of, Iraq will do whatever they want. So I expect to see more of this kind of thing over the next year or couple of years. And contractors will do in Iraq, like they normally do in all countries where there is no SOFA, or has a corrupt/weak legal system. They will accomplish the task as best they can, and take huge risks in the process. I am sure money will be thrown all over the place in order to buy off a police officer or ministry official, or free a contractor from detention, or whatever. That is how these things work…. –Matt

 

NY Rep. King: Iraq releases 3 security contractors
December 27, 2011
A U.S. congressman from New York says three security contractors, including two Americans, have been released by Iraqi Army forces after they were held for more than two weeks.
Republican Peter King announced the releases of the men Tuesday. He identifies them as an Army veteran from Long Island, a former National Guardsman from Savannah, Ga., and a man from Fiji. He says they were working for a security firm when Iraqi Ministry of Defense officials rejected paperwork prepared on their behalf by the Iraqi Ministry of Interior and held them Dec. 9.
The men weren’t charged with any crimes. King says they were released Tuesday after efforts by his office, the State Department, the U.S. embassy in Baghdad, the Defense Department and the White House.
Story here.

Thursday, December 22, 2011

Legal News: A Former Security Guard Files A Class Action Against SOC

Filed under: Legal News — Tags: , , , , , — Matt @ 10:55 PM

This is interesting because it details a little bit of the recruiting practices of this company. I have heard about the 65,000 a year dollar number thrown around before, but I did not know that SOC was playing around with the numbers like this. Here is the quote:

Risinger, a California resident, says he was hired in 2010 to work as an armed guard at a Baghdad military base , on a 1-year assignment for a flat salary of $65,000. But when he and others arrived in Iraq, he says they were told that the salary was “calculated based upon a $17.36 hourly rate, which hourly rate would dictate class members’ actual pay based upon ‘the number of hours on your time sheet.’ At that hourly rate, without overtime, an employee would earn $36,108 a year. A worker would have to work 72 hours a week at straight time to earn $65,000 a year.

That sounds a lot like the whole ‘bait and switch game’. Meaning they recruit folks with the idea that they would get a specific amount, and then once in the war zone, they would clarify what the individual would really make. Which usually would be less money than originally offered. The IC has the option to suck it up and take the pay cut, or get on a plane and go back home. The companies usually bank on the idea that the IC will just suck it up and stay.

Although the problem with this is that usually this practice creates disgruntled workers, and with good reason. So then you have guys working the contract that could care less about doing a good job, who do not trust the company, and are doing all they can to secure another job somewhere else.

That is a horrible way to do business, and any company that thinks this is an acceptable practice is wrong. You might save a little money in the short term, but you will lose money because you have to keep hiring new guys and fly them over all of the time to deal with high attrition. Not only that, but you are in constant threat of default on contract because you have IC’s that could at any time just leave because they do not want to work for the company. You also lose out on company reputation, and you lose the most valuable asset a company could have–experienced good leaders.

Experienced good leaders are the ones that believe in the company and contract, and have stayed around long enough to know the job really well and know how to manage it. They are also good at leading people, and making sure everyone is happy and doing the job. Any company that has set up a system that does not grow and keep experienced good leaders, will certainly suffer the consequences of such poor practices.

Also, if the government was focused more on best value contracting, and stopped this practice of lowest priced technically acceptable contracting, then they could actually pick companies based on how they treat their people. A contracting officer should be able to take a look at the attrition rate of any company and ask, is this the kind of company we want protecting our camps in the war zones?  And what causes such a high attrition rate within this company?  Or even ask if the IC’s of that company are happy to be there and like the company they are working for?  If the contracting officer is getting some intense negative feedback from a multitude of disgruntled IC’s who do not trust the company, then that might be a sign that the company is not exactly the best folks to do business with. –Matt

Edit: 01/01/2012 By the way folks, the lawyer for this particular class action is reaching out to all former or current SOC contractors and employees listed within a specific time frame. If the case is successful, then expect to get a piece of the settlement or award if you are within that group. Here is the email he was sending out.

We have brought a class action lawsuit on behalf of all SOC employees (former and current) who worked for the Company between December 19, 2009 and December 19, 2011 for unpaid wages, including overtime, rest breaks, meal breaks and possible other items like medical expenses. While the class action process can be slow, we expect to be obtaining from SOC within the next 6 months the names of all individuals that would make up the class of employees. In the meantime, I am also keeping record of all persons, like yourself, who have experienced the labor code violations we allege in the complaint so that I can cross-check the list we get from SOC with the names of the people we have been contacted by to make sure that you are included in the class and any settlement unless you choose not to be a part of it. There may come a time when I do need to get declarations from persons like you to support the case and when that happens, I will certainly reach out to you.

Best, Scott

Scott E. Gizer- Partner Early Sullivan Wright Gizer & McRae LLP,  sgizer@earlysullivan.com www.earlysullivan.com phone: 702 990 3629

 

Ripped Off in Iraq, Class of Guards Claims
By NICK DIVITO
Wednesday, December 21, 2011

A private security guard in Iraq says in a class action that his employer SOC Nevada made its employees work up to 12 hours a day, seven days a week, in “ultrahazardous conditions” without overtime pay or breaks.    “SOC’s core mission changed from ‘Securing Our Country’ to ‘Lining Its Pockets’ when it began to recruit employees … under false promises of a fixed salary and scheduled with time off,” lead plaintiff Karl Risinger says in the complaint in Clark County Court.     “[D]ue to a lack of adequate staffing driven by corporate greed,” SOC subjected its armed guards to “undue risk by jeopardizing the physical and psychological condition of the class members in the course of ultra-hazardous activities,” the complaint states.

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Thursday, December 15, 2011

Legal News: US Pursuing Legal Protections For Contractors Still In Iraq

Filed under: Iraq,Legal News — Tags: , , , — Matt @ 2:16 AM

You know, this would have been cool if they would have figured this out before this transition. To not have some kind of protections in place will really suck for the contractors that are operating in Iraq still. Hopefully something is put together in a reasonable time. –Matt

 

U.S. pursuing legal protections for contractors still in Iraq
By ERIK SLAVIN
December 14, 2011
The United States is still pursuing an agreement with the government of Iraq that could provide defense contractors working for the U.S. State Department with some legal protections in 2012, U.S. embassy and military officials said last week.
While diplomats and service members working for the State Department are shielded by diplomatic immunity from prosecution under Iraqi law, the thousands of private contractors who will be working for the agency have no such protections.
Contractors have lacked immunity from Iraqi law since 2009, when a new status of forces agreement excluded them.
However, with the pullout of the remaining 50,000 troops from Iraq this year, contractors say they now feel more vulnerable to danger, both from potentially corrupt Iraqi police and from anti-American groups.
“You have to cross a major Iraqi road and, should the [Iraqi police or Iraqi army] decide, they might begin detaining American personnel,” said one contractor, who asked for anonymity because his company has not authorized him to speak publicly.

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Tuesday, November 29, 2011

Legal News: Contractor And MOH Recipient Dakota Meyer Sues Former Employer BAE Systems

Filed under: Legal News — Tags: , , , , , — Matt @ 11:53 AM

“We are taking the best gear, the best technology on the market to date and giving it to guys known to stab us in the back,” Sgt. Meyer wrote to Mr. McCreight, according to the lawsuit. “These are the same people killing our guys.”
While in the Marines, Sgt. Meyer had served along the Pakistan-Afghanistan border. Many in the military who have served on the border have said in interviews they view Pakistan as an unreliable ally, as likely to help Taliban insurgents as they are to aid American troops.

Wow, Smedley Butler eat your heart out. lol Although in this case, this is pretty common with contracting. Guys sue their former employers, bosses, and coworkers all the time–some with success, and some without. Although in Dakota’s case, he has a lot of visibility and celebrity backing him up. I would imagine a pretty solid law firm has backed him up as well, just because of that celebrity and visibility.

The other thing that needs to be mentioned is that Dakota is a contractor and is very much a part of this industry. That’s cool and I hope Dakota is able to use his celebrity to promote good leadership and work ethic within this industry. If anyone has anything to add to this story, please feel free to do so in the comments section below. –Matt

Edit: 12/16/2011- Well it looks like BAE and Dakota settled. Here is a quote from CNN about what the settlement said. No word on any monetary settlement.

“BAE Systems OASYS and I have settled our differences amicably,” Meyer said in a joint statement issued by the company, referring to the company by its full name. Meyer praised the defense firm’s support for veterans and generosity to the Marine Corps Scholarship Foundation.
There were no details of any possible monetary settlement.
“During my time there I became concerned about the possible sale of advanced thermal scopes to Pakistan. I expressed my concerns directly and respectfully,” Meyer said. “I am gratified to learn that BAE Systems OASYS did not ultimately sell and does not intend to sell advanced thermal scopes to Pakistan.”

 

Decorated Marine Sues Contractor
NOVEMBER 29, 2011
By JULIAN E. BARNES
Two months ago, Dakota Meyer was awarded the Medal of Honor by President Barack Obama for his service in Afghanistan, the military’s most prestigious award. On Monday, Sgt. Meyer alleged that a defense contractor has called him mentally unstable and a problem drinker, ruining his chances for a job in the defense industry.
Sgt. Dakota Meyer alleges BAE Systems blocked him from a defense-industry job by claiming he is mentally unstable and has a drinking problem.
In legal papers filed Monday, the Marine claims that BAE Systems, where he worked earlier this year, retaliated against him after he raised objections about BAE’s alleged decision to sell high-tech sniper scopes to the Pakistani military. He says his supervisor at BAE effectively blocked his hiring by another defense contractor by making the claims about drinking and his mental condition.
Sgt. Meyer’s complaint is likely to pose a more difficult challenge for BAE, a British company with extensive U.S. operations, than a typical employment dispute. In the September White House ceremony, Sgt. Meyer was hailed for braving enemy fire as he tried to save the lives of fellow Marines who had been trapped in a Taliban ambush.
BAE said it would defend itself, but comments by BAE officials Monday made clear they don’t want to be seen as denigrating a Medal of Honor recipient. “Although we strongly disagree with his claims, which we will address through the appropriate legal process, we wish him success and good fortune in his endeavors,” said Brian J. Roehrkasse, a BAE spokesman. He declined to discuss any specifics of the suit.
Through a lawyer, Sgt. Meyer declined to comment on his suit. Representatives of the Pentagon and Marine Corps said they weren’t aware of the suit.

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Friday, November 18, 2011

Legal News: Reflex Responses Hires Patton Boggs LLP For Lobbying In DC

Every once in awhile, I like to flex my ‘Google Fu’ skills and do some digging around. Low and behold, I found an interesting little tidbit about the UAE’s mercenary army called Reflex Responses Management Consultancy LLC or R2 for short.

They just hired the services of Patton Boggs LLP for lobbying in Washington DC in the ‘trade’ department. So my question here is what does R2 plan on selling to the US? Could they offer training services, or maybe even maritime security services to US flagged vessels? Who knows, but I do know that Patton Boggs LLP is no small potatoes law firm/consultancy. They also have a long history and relationship with the UAE.

It is also interesting that all of this lobbying registration happened on 10/20/2011, which was the same time that a consulting firm registered to lobby for Maersk and International Org/Masters/Mates/Pilots. Now what I speculate is that Maersk is seeing the writing on the wall when it comes to having armed guards on boats, and they need some folks in DC to help clear things up.

Maersk is up against a Jones Act based lawsuit filed by crew members involved in the famous Maersk Alabama pirate attack that happened a few years back. They are claiming that Maersk put them needlessly at risk for not providing armed security on the boat. It would make sense that Maersk would lobby DC to alleviate some of the legal concerns about having armed guards on boats.

So how does this connect with the R2 deal?  I don’t know, and maybe it is just coincidence. But it is also interesting that Secretary Clinton put out her memo in support of armed guards on boats a couple of days after these lobbyists registered. hmmmm

The other thing to note is that the UAE is on a blitz of sorts to promote anti-piracy efforts. The article I posted below lists a pretty extensive effort and strategy to tackle the problem. So does R2 play into that anti-piracy strategy?

Even if they are not connected, I think Maersk, the unions, and R2 are all interested in getting armed guards on boats. Either for capturing market share in the maritime security industry, or for liability reasons so they don’t get sued by the unions and crews for not protecting seafarers out there. Worse yet, if unions strike because vessels are not providing security, then that could have a serious impact on commerce. Hence why it behooves the government to do something about this. –Matt

 

Patton Boggs LLP for Reflex Responses Management Consultancy LLC
Issues: Trade (Domestic/Foreign)
Specific issue: Issues related to security consulting and related licensing matters.
Lobbyists: ?Farber, David J ?Garrett, John C ?McHale, Stephen (covered positions: Acting General Counsel, Treasury, Jan-Jun 2001; ActGCTreasury01 ) ?Oresman, Matthew Scott (covered positions: Sen.E.Kennedy,Intern,99;SenateJuducCom,LawClrck,05 )
Link to report here.
—————————————————————
Turner Pollard Strategies for Maersk Inc.
Issues: Defense; Marine/Maritime/Boating/Fisheries; Taxation/Internal Revenue Code; Trade (Domestic/Foreign); Transportation
Specific issue: All issues relating to the U.S.-Flag Merchant Marine, including the Jones Act, the Maritime Security Program, the establishment of a Marine Highway, Cargo Preferences Statutes, the Harbor Maintenance Trust Fund, the Tonnage Tax, Title XI (the Federal Ship Financing Program), and the protection of U.S. merchant ships from piracy.
Lobbyists: ?Pollard, John J III (covered positions: Staff of Rep Ike Skelton ans HASC ) ?Turner, James T
Link to report here.
—————————————————————-
Turner Pollard Strategies for International Org/Masters/Mates/Pilots
Issues: Defense; Marine/Maritime/Boating/Fisheries; Taxation/Internal Revenue Code; Trade (Domestic/Foreign); Transportation
Specific issue: All issues relating to the U.S.-Flag Merchant Marine, including the Jones Act, the Maritime Security Program, the establishment of a Marine Highway, Cargo Preference Statutes, the Harbor Maintenance Trust fund, the Tonnage Tax, Title XI (the Federal Ship Financing Program), and the protection of U.S. merchant ships from piracy.
Lobbyists: ?Pollard, John J III (covered positions: Staff of Rep Ike Skelton ans HASC ) ?Turner, James T
Link to report here.

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UAE renews support to all military operations and critical measures aimed at ending piracy off the Coast of Somalia
Nov 18, 2011
The United Arab Emirates renewed its strong support for all military operations and critical measures aimed at improving the process of pursuing and prosecuting those responsible and involved in piracy acts, considering these measures as a strong deterrent for preventing this phenomenon from continuing.
In an intervention made by Permanent Representative of the UAE to the United Nations Ahmed Al-Jarman before the Meeting of the Contact Group on Combating Piracy off the Coast of Somalia on Thursday at the UN Headquarters, he added : “At the same time, the UAE emphasizes that such measures are not sufficient to eliminate totally and permanently these serious acts at sea, and the international community is required to adopt a comprehensive cooperation strategy that ensures the total elimination of this phenomenon, which constitutes a form of organized crime that threatens countries and is subject to international laws”.

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