Feral Jundi

Thursday, July 7, 2011

Legal News: AGNA And It’s Affiliates Pay $7.5 Million To Resolve False Claims Act Allegations

Filed under: Afghanistan,Industry Talk,Legal News — Tags: , , , , , , — Matt @ 1:00 PM

Wow, this is quite the legal news day!  James Gordon has been fighting this one for a long time, and it is good to see him become victorious in his case. ($1.35 million for a settlement is not bad)  This is also an interesting precedence for False Claims Acts, because now guys can look at this case as an example of how to go about pursuing similar cases.  Debra Katz was Gordon’s legal counsel and she would be a good one to put on retainer if you have a False Claims Act that you would like to pursue. –Matt

Edit: 07/11/2011- I have just been contacted by a representative of AGNA in regards to their side of the case. Out of fairness, I think it is important to post their view and you can read their statement in the comments section below.

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Thursday, July 7, 2011
Armor Group North America and Its Affiliates Pay $7.5 Million to Resolve False Claims Act Allegations
Armor Group North America Inc. (AGNA) and its affiliates have paid the United States $7.5 million to resolve allegations that AGNA submitted false claims for payment on a State Department contract to provide armed guard services at the U.S.   Embassy in Kabul, Afghanistan, the Justice Department announced today. The settlement resolves U.S. claims that in 2007 and 2008, AGNA guards violated the Trafficking Victims Protection Act (TVPA) by visiting brothels in Kabul, and that AGNA’s management knew about the guards’ activities. The settlement also resolves allegations that AGNA misrepresented the prior work experience of 38 third country national guards it had hired to guard the Embassy, and that AGNA failed to comply with certain Foreign Ownership, Control and Influence mitigation requirements on the embassy contract, and on a separate contract to provide guard services at a Naval Support Facility in Bahrain.
The settlement resolves a whistleblower suit filed in the U.S. District Court for the District of Columbia.   The lawsuit was initially filed under seal by James Gordon against AGNA, ArmorGroup International plc, G4S plc and Wackenhut Services Inc. under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals, called “relators”, to bring lawsuits on behalf of the United States and receive a portion of the proceeds of a settlement or judgment awarded against a defendant.   Mr. Gordon will receive $1.35 million of the settlement proceeds.   During 2007 and early 2008, Mr. Gordon was employed by AGNA, as its director of operations.

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Legal News: Why Jamie Leigh Jones Could Lose Her KBR Rape Case

Filed under: Legal News — Tags: , , , , — Matt @ 10:03 AM

“Oftentimes the truth is in between,” says Laurie Levenson, a former federal prosecutor in Los Angeles. “The truth may be that this wasn’t rape as we come to understand it in the law, but it wasn’t something that was appropriate. It doesn’t mean that something didn’t happen.” However, if Jones hasn’t been entirely truthful and the jury rules against her, it could be a major setback for sexual assault victims, particularly women serving in war zones. “The problem with cases like this is, if it turns out that she’s making it up, it really does a disservice to the many women who really are raped who have trouble coming forward,” Levenson says.

Thanks to a reader for sending me this. Boy, the details in the court records below paint a vastly different picture than what Jamie was claiming. Although it is important to remember that the attorneys will do everything they can to discredit the victim so as to influence the jury’s decision. So I will hold any commentary and let the reader decide for themselves.

As to my post about her case, all I can say is that my commentary was based upon the given information at that time. Likewise, as much as I despise sexual crimes, I equally despise those who ‘lie’ about being a victim of sexual crime in order to seek financial gain, celebrity or to attack a company. This is not to say that this was the intended goal here, but these things do happen.  If this was a scheme, then the real victims would be KBR and the man (or men) accused of rape.

The other thing that a case like this will hurt, if it was determined to be a lie, are the future cases of women who were truly the victims of sexual assault in war zones. We will see and the court will decide on this deal. Either way, this article definitely paints a different picture than has been previously presented before. It was also published in Mother Jones, which is certainly not a ‘friend’ of KBR, which gives this article even greater significance. Check it out. –Matt

Why Jamie Leigh Jones Could Lose Her KBR Rape Case
Her story of a brutal attack in Iraq sparked a national outcry—but how much of it is true?
By Stephanie Mencimer
Thu Jul. 7, 2011
The allegations were explosive when they first hit in 2007: A 20-year-old woman named Jamie Leigh Jones alleged that four days after going to work in Iraq for contracting giant KBR in July 2005, she was drugged and gang-raped [1] by fellow contractors. She accused the company, then a subsidiary of Halliburton, of imprisoning her in a shipping container after she reported the rape, and suggested KBR had tampered with some of the medical evidence that had been collected at an Army hospital. The harrowing story has made international headlines. It’s been the subject of congressional hearings and has inspired legislation. Jones even plays a starring role in the new documentary Hot Coffee [2], about efforts to limit access to the justice system.
Jones’ charges fell on fertile ground, compounding KBR’s reputation as a corporate scofflaw—all the more so when it came out that the firm’s contract had included a mandatory arbitration clause [3] intended to block employees from suing it. Jones spent years fighting for a jury trial, and now, six years after the alleged attack, she is finally getting her day in court in a civil suit that accuses KBR of knowingly sending her into a hostile workplace. The verdict could come as early as Thursday. And—in a twist that’s likely to shock her numerous supporters—there’s a good chance she will lose.

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Monday, June 27, 2011

Legal News: Justin Cannon Sentenced To 30 Months In Prison

Filed under: Legal News — Tags: , , , — Matt @ 9:57 PM

Of course the family is still in the process of appeals. If you would like to show your disgust with this ruling, by all means contact Senator Carl Levin.  That is what the family is recommending.

As to my thoughts on the matter? I think DOJ wants a win with this one, just because they are getting beaten up in other areas where they have stumbled. These guys have also been on a Xe witch hunt for quite some time, even though the US government has been rewarding Xe with contracts. (an odd way to show your appreciation?) They want MEJA to have some precedent as well so they can say ‘look, contractors can be held accountable’.

I agree that this industry needs accountability, but on the other hand, I hate seeing contractors becoming scapegoats to create that precedent.

These men were in a war zone, they acted out of self preservation, and they ‘interpreted’ the oncoming vehicle as a threat.  That should have ended the case right there, because these men did not act maliciously. They were also firearms instructors and trained military veterans, and yet here we are, punishing these men for their decision in a war zone.

The fear I have here is that cases like this will actually reduce the security posture of security contractors. Because if you ‘fire’ your weapon out of self defense, or defense of your client, that you will be punished or worse, go to jail. Do we want to instill this kind of mindset into the minds of armed security contractors working in highly complex and extremely dangerous war zones? Worse yet, are we setting ourselves up to where even an enemy combatant, or the family of an enemy combatant, could file charges against a security contractor?

These are the things that must be considered as we go down this path of contractor accountability. It applies to military accountability as well, and some have even coined this as ‘lawfare’.

To me, all laws that a nation creates must be geared towards giving it advantage during times of war, and at the same time giving disadvantage to the enemy. Because what sense is it if you lose your country to a stronger enemy, all because of your self-imposed and highly restrictive laws? If MEJA, or whatever laws we create are the path we follow, they must be viewed in this type of legal filter, or we will have lost a strategic and tactical advantage. (and yes, contractors are a strategic asset of a nation, despite what some might say…) –Matt

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Monday, June 27, 2011
Contractor Sentenced to 30 Months in Prison for Death of Afghan National in Kabul, Afghanistan
Justin Cannon, 29, of Corpus Christi, Texas, was sentenced today to 30 months in prison for his role in shooting and killing an Afghan national while on an unauthorized convoy in Kabul, Afghanistan, on May 5, 2009, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney Neil H. MacBride of the Eastern District of Virginia and James W. McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office.   U.S. District Judge Robert G. Doumar also ordered Cannon to serve two years of supervised release following his prison term.

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Wednesday, June 22, 2011

Legal News: Sexual Assault Is The Act Of Cowards–The Story Of Jamie Leigh Jones

Filed under: Afghanistan,Industry Talk,Iraq,Legal News — Tags: , , , , , , — Matt @ 10:12 PM

There is so much about this story that is wrong and unjust. The men who did this to Jamie, and the way KBR staff treated this woman afterwords is despicable. Sexual assault/rape is the act of cowards, and I truly hope those that are responsible will pay. For that, I totally endorse Jamie and her legal fight to seek justice.

I am also highly disappointed in the management of that camp at that time. Locking Jamie into a conex box to ‘protect her’ was a cowardly act. (Big Boy Rules?–pfffft…) It sounds like what they were really trying to do, is lock her up so it would buy that management team at that camp some time to figure out how to deal with the case. Pathetic…..

There is something severely wrong with a management team that locks up the victim, as opposed to locking up the rapists.  How many other women did these men assault, and did the management lock up those victims as well? Talk about a total failure of leadership.

For that, I certainly hope Jamie and Tracy (the other woman in this video) who were sexually assaulted or harassed in the war zones, will get the justice they deserve. These women, also define what Jundism is all about. They have the courage to do what is right, and come forward publicly about what happened to them. Any company that refuses to hire these women because they came forward with their cases against KBR, should strongly reconsider. These are the kind of brave employees or contractors you would want in your organization! –Matt

Edit: 07/08/2011- After news came out about the details of this case, and after the ruling in the courts, I would like to personally apologize to KBR and the men that were accused of rape in this deal. I have also removed the ‘Jamie Leigh Jones foundation’ from the links section. Although I still stand by my statement up top that sexual assault is the act of cowards, I also believe that lying about sexual assault is equally despicable. I truly hope that this particular case will not stop women who were truly raped and sexually assaulted, from coming forward and pursuing justice. My heart will always lean towards the true victim. In this particular post, I was only reacting to the available information.

Wednesday, June 15, 2011

Legal News: Security Officers, Driver For LV Sands CEO File Lawsuits Alleging Violations Of Overtime Law

Filed under: Executive Protection,Industry Talk,Las Vegas,Legal News,Nevada — Tags: , , , , , , — Matt @ 1:36 PM

The lawsuit claims Las Vegas Sands employed the agents routinely in excess of 40 hours per week and frequently for more than 150 hours per week.
“The defendants knowingly and willfully failed to pay the lawfully compelled legal overtime rate of one and one-half times the regular rate of pay at which plaintiffs were employed” in violation of the federal Fair Labor Standards Act, the suit charges.

Thanks to Matt for sending me this one. Cases like this emphasize the importance of why companies should do things right or take care of their people. Now of course this company will have some fantastic lawyers working this case. But they will still get the negative press on this, and if the plaintiffs win in this case, it will set precedence, and the Las Vegas Sands Corp. will have to pay damages.

With that said, let me throw my two cents in on this matter. Besides the violation of the Fair Labor Standards Act, working guys into the ground like this would certainly degrade the security of the principal(s). In my experience, anything over a 12 hour shift that lasts for weeks or months, is dumb. If these guys were working longer than 12 hour shifts, and for an extended period, that is uncool.

Personally speaking, the optimum shift schedule would be three eight hour shifts if the client can afford it. (hell, four six hour shifts would be really cool if they paid a daily rate) Weekends off are excellent as well, or even just one day off a week. Your protection force needs time to cut away from being in sheepdog mode in order to recharge, and I am a big fan of very sensible and rest conducive shift schedules.

At the most, 12 hour shifts would suffice, if cost is a factor or if it is a short term gig. Anything more, and the client is being cheap and they really do not care about the quality of their security and the welfare of their protection team. I am not alone in this thinking either, and if you go to Tactical Forums, they have an excellent thread about this topic.

Now of course there are the other issues in this case. If the company is not paying a daily rate, and paying an hourly rate, then of course they should follow state laws in regards to overtime rules. That is why I hope these guys win this one, so it can build on ‘precedence’ for this industry. Other legal cases that are similar, can draw on this one.  Perhaps even OCONUS cases can build off of this one?  You never know..

There is another point I want to bring up about overseas contracting, on land and sea.  Because this work seems to be out of the reach of any labor laws, companies seem to try and get away with all sorts of horrible labor and pay practices. With that said, if cases like this become successful, contractors can use mimicry strategy and contact the same lawyers that were successful. Litigation is one way of getting the companies to do things right, and it is only when companies pay a price for bad behavior will they then get the picture that doing things right is actually ‘cost effective’.

The downside with litigation like this is cost and time.  It is also a threat to your career, and this is why guys really don’t pursue this stuff to it’s fullest degree. The odds of success are kind of low as well, just because companies have the resources and contractors do not. The companies know this reality, and the contractors do as well. So that is why companies really don’t get too upset about this stuff.  They will drag their feet and try to make litigation as costly for the contractor as possible and the companies definitely have the advantage here. But as more class action law suits come up, where contractors get organized and pool their resources, then the scale gets balanced somewhat. It is still a fight, and most contractors choose to ‘let it go’.

Now I am not a big fan of unions, because I mostly see them as negative to the business. They are like using a hammer for surgery, and unions not only bash the poor companies, but also end up ruining the good companies as well. Nor do I want to be required to join a union and pay dues, just to work in this industry. I like being an independent contractor and not answering to groups like this.

But I also understand why unions form, and if the abuses within an industry are too great, then labor movements happen. I am a fan of preventing that from happening by promoting how to do things right in the first place. Because if companies do not do things right, then unions do happen, and these groups will certainly cut into your profit margin. Pay now, or pay later as they say….

Either way, it will be interesting to see how this goes.  If anyone has anything further to add to this story, please feel free to do so in the comments. –Matt

Security officers, driver for LV Sands CEO file lawsuits alleging violations of overtime law
By Steve Green ?11 June 2011
Nine executive security officers and a driver for Las Vegas Sands Corp. Chairman and CEO Sheldon Adelson filed lawsuits Friday claiming violations of overtime law and other laws.
The suits were filed in federal court in Las Vegas by the Las Vegas law firm Campbell & Williams — the same firm representing fired Sands Macau executive Steven Jacobs in his lawsuit against Las Vegas Sands and Sands China Ltd.
One lawsuit was filed against Las Vegas Sands on behalf of Vincent Burlingame, Richard Carty, James Jackson, Christopher LaCascia, James Martin, Jonathan Molnar, Benjamin Ness, DeJuan Robinson and Michael Statkiewicz.
The suit described these plaintiffs as “executive protection agents” who provide or provided security services to Adelson, his wife and children on a 24-hour basis, including frequent air travel in the United States and around the world.

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