A recent report released by the State Department’s Inspector General found that many of the companies hired to protect our foreign consulates and embassies do a poor job of vetting their employees. The Benghazi report suggests that none of the private guards fired a single shot in defense of the consulate. Now, a whistleblower complaint filed against a private security contractor, Triple Canopy, claims that the company falsified marksmanship scores of its guards.

Whistleblower Omar Badr claims he was hired as a medic for Triple Canopy. In 2009, the company had a contract to protect our airbase at Al Asad, Iraq. To fulfill the contract, the company recruited 332 “marksmen” from Uganda. But there was a problem, Badr claims most of the men couldn’t shoot straight.

When efforts to train the men failed, Badr said he was ordered to falsify their scores. As we understand his complaint, American airmen were relying on a supposedly highly trained guard force for protection, American taxpayers were paying premium prices for “marksmen,” but the company was supplying guards that couldn’t shoot.

Under the federal False Claims Act, whistleblowers can file lawsuits in the name of the United States. If the suit is successful, up to 30% of whatever is collected can be awarded to the whistleblower. That’s what Badr filed and so have thousands of others. Last year, the Justice Department claims that over 700 whistleblower suits were filed and $435,000,000.00 in awards paid out.

Badr’s case is still pending but last week a federal appeals court handed Badr, the government and taxpayers a major victory. In 2013, Triple Canopy sought to have the case dismissed and a Virginia judge agreed. Earlier this year, however, the 4th Circuit Court of Appeals partially reversed the decision and said that since the guards were hired under false pretenses, the fake marksmanship scores constituted a “false claim”.

There is a split among courts as to how to handle implied certifications. We think the appeals court decided this case correctly. When you bill the government for marksmen, there is a clear implication that the people hired can shoot and that the contractor is in compliance with all necessary laws, regulations and contracts. (The trial judge took a much narrower view and had decided that the case couldn’t proceed because the government could not prove that it specifically relied on the altered shooting scores.

The ruling means the case is now headed to trial. Badr, the Justice Department and Triple Canopy will all get their day in court. The government seeks approximately $10.3 million in damages. If the government wins, the damages can be tripled.

Whistleblowers have become the new American heroes. They are on the front lines in the fight against fraud and corruption. In Omar Badr’s case, he was also on the front line in the war against terrorism.

STORY BY: Brian Mahany — [email protected]

Christopher R. Glenn, 34, gained unauthorized access to classified computer files containing national defense information that belonged to the Department of Defense and U.S. Southern Command’s Joint Task Force Bravo in Soto Cano Air Base, Honduras.  Once Glenn accessed those files, he copied classified information stored under the Joint Task Force Commander’s account, which information he retained.

Glenn also conspired with his wife, Khadraa A. Glenn, 28, to commit naturalization fraud for her benefit by fabricating fraudulent documents and submitting false statements and the documents to the U.S. Citizenship and Immigration Services (USCIS).  Khadraa A. Glenn previously pleaded guilty to naturalization fraud conspiracy and was sentenced on Oct. 7, 2014.

“Christopher Glenn accessed, copied and retained classified information that belonged to the Department of Defense and the U.S. Southern Command’s Joint Task Force, without authorization,” said Assistant Attorney General Carlin.  “Systems administrators occupy a place of unique trust in an organization due to their extensive access to the cyber systems they maintain.  With today’s plea, Mr. Glenn is being held accountable for his violation of that trust.”

“Obtaining national defense information when you are not entitled to it is a serious threat to our national security,” said U.S. Attorney Ferrer.  “In committing this crime, Christopher Glenn abused his position of trust.  Violations of the espionage act and computer intrusion are unacceptable and we will continue to investigate and seek to hold accountable those who engage in it.”

“The Cold War may be over, but espionage, spies trying to steal our nation’s most valuable secrets are still at it,” said Special Agent in Charge Piro.  “More than ever, the FBI remains vigilant to protect critical national secrets and assets.  If you are aware of this type of activity, report it immediately to the FBI.”

Glenn is scheduled to be sentenced by U.S. District Judge Kenneth A. Marra, on April 17, 2015.

Assistant Attorney General Carlin would like to thank the investigative efforts of the FBI, U.S. Army’s 470^th Military Intelligence Brigade, U.S. Army’s Criminal Investigations Division, the U.S. Southern Command (SOUTHCOM), USCIS, Internal Revenue Service, Department of Homeland Security and the South Florida Joint Terrorism Task Force.  The case is being prosecuted by Trial Attorney Christian Ford of the Counterespionage Section of the Department of Justice’s National Security Division and Assistant U.S. Attorney Ricardo Del Toro of the Southern District of Florida.

As reported by the Department of Justice