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Justice Abroad

Professional Overseas Contractors - www.Your-POC.com
A year and a half after President Barack Obama issued an executive order outlawing human trafficking and forced labor on U.S. military bases, a five-month investigation by “Fault Lines” has found compelling evidence that these abuses remain pervasive at U.S. facilities in Afghanistan.

“Fault Lines” traveled to India, the United Arab Emirates and Afghanistan to trace the journey of a typical migrant worker seeking a job at a U.S. military base. We found Department of Defense subcontractors and their recruiters colluding to profit directly from exorbitant fees charged to job candidates, who are sometimes left with no choice but to work for six to 12 months to recoup those costs.

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Professional Overseas Contractors - www.Your-POC.com
The federal courthouse in Brooklyn, Akbar Ahmad Sherzai, an independent contractor for a trucking company operating in Afghanistan that was responsible for delivering fuel to U.S. Army installations, pleaded guilty to his role in offering a U.S. Army serviceman $54,000 in bribes to falsify documents to reflect the successful delivery of fuel shipments that Army records indicate were never delivered. When sentenced, he faces a maximum of 15 years’ imprisonment and a $250,000 fine.

Loretta E. LynchThe guilty plea was announced by Loretta E. Lynch, “The defendant sought to use deception, corruption, and greed to enrich his company at the risk of jeopardizing the U.S. Army’s supply lines in Afghanistan. Attempts to corrupt American officials will not be tolerated, either at home or abroad,”

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Professional Overseas Contractors - www.Your-POC.com
The Navy has quietly lifted the suspension of a shipping contractor under investigation for possible fraud, allowing the company to compete for new work. In exchange, the company has agreed to pay for an independent audit that could help the Justice Department determine how much it may have overcharged the government.

Records show that the Navy recently decided to reinstate Inchcape Shipping Services, a company based in Dubai in the United Arab Emirates. The move came after a federal judge questioned whether the service had presented enough evidence to justify the suspension. Contracting experts said it was unusual for the government to turn to an outside auditor in this type of case, and some questioned whether an independent firm could do as thorough a job.

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Professional Overseas Contractor - www.Your-POC.com
MPRI Inc. has agreed to pay $3.2 million to resolve allegations that it submitted false labor charges on a contract to support the Army in Afghanistan, the Justice Department announced today. MPRI is a Chantilly, Virginia-based company.

Stuart Delery

“We will not tolerate contractors that bill for work that is not performed,” said Assistant Attorney General for the Department of Justice’s Civil Division F. Delery. “The Department of Justice will pursue those who do not comply with the terms of their bargain with the government and restore to the taxpayers the full measure of funds falsely claimed.”

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Professional Overseas Contractors - www.Your-POC.com
Three G4S guards who joked about an asylum seeker on Manus Island swallowing a pair of nail clippers are no longer working for the company, which was hired to run the detention center. Darren Powell, Jason Drain and Paul Clear ridiculed an asylum seeker who swallowed the nail clippers on Christmas Day in a series of Facebook posts.

Merry Christmas all. One of these jokers just swallowed a pair of nail clippers. RALMFAO. A Christmas I shall not easily forget,” Powell posted in his publicly accessible profile. RALMFAO stands for “rolling around laughing my freaking ass off”.

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Professional Overseas Contractors - www.Your-POC.com
A former NATO commander in Afghanistan is behind bars in a Kabul prison accused of gun smuggling in a case that has again highlighted the dangers of doing business in the country. Daniel Menard, who left the Canadian army in disgrace after admitting a sexual relationship with a subordinate while on duty in Kandahar, was detained by Kabul police on January 10.

The Ministry of Interior has accused the former brigadier-general of being in possession of 129 rifles and 148 radios, all of which they say he was not licensed to hold. He had been working as the Afghanistan country manager for Garda World, a global private security company that provides services across parts of Afghanistan.

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Professional Overseas Contractors - www.Your-POC.com
The government has filed a complaint against Kellogg, Brown & Root Services Inc. (KBR) and Kuwaiti companies La Nouvelle General Trading & Contracting Co. (La Nouvelle) and First Kuwaiti Trading Co. (First Kuwaiti) for submitting false claims in connection with KBR’s contract with the Army to provide logistical support in Iraq, the Department of Justice announced. KBR is an engineering, construction and services firm headquartered in Houston, Texas. Kuwait-based La Nouvelle and First Kuwaiti provided transportation, maintenance and other services in support of KBR’s contract with the Army.

Stuart F. Delery“We depend on companies like KBR and its subcontractors to provide valuable services to our military,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery. “We will ensure that contractors do not engage in corrupt practices at the expense of our troops abroad, while profiting at the expense of taxpayers at home.”

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Professional Overseas Contractors - www.Your-POC.com
PITTSBURGH — A federal appeals court revived a lawsuit Thursday against a military contractor in the death of a Pittsburgh-area soldier who was electrocuted in his barracks shower at an Army base in Iraq.

Staff Sgt. Ryan Maseth died in 2008 when an improperly grounded water pump electrified his shower water. In the lawsuit, Maseth's parents say Houston-based contractor Kellogg Brown & Root Services Inc. was legally responsible for the shoddy electrical work that was common in Iraqi-built structures taken over by the U.S. military. KBR disputes that claim.

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Professional Overseas Contractors - www.Your-POC.com
G4S, the security company which has lurched from crisis to crisis over the past two years, is facing an investigation by international authorities into its alleged activities in Israel and the occupied Palestinian territories. Sources said the Organization for Economic Cooperation and Development’s (OECD) UK staff have indicated that it will be investigating the company’s work supplying Israeli security services.

It is alleged that G4S provides Israel with surveillance equipment at its checkpoints in the occupied territories, although the precise nature of the equipment is not known. The OECD, which operates under the umbrella of the Department of Business in the UK, is expected to investigate whether the supply of such kit is in contravention of its guidelines for multinational enterprises – a set of Government-backed recommendations for “responsible business conduct” overseas.

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Reducing Waste in Wartime ContractingAt least one in every six dollars of U.S. spending for contracts and grants in Iraq and Afghanistan over the past decade, or more than $30 billion, has been wasted. And at least that much could again turn into waste if the host governments are unable or unwilling to sustain U.S.-funded projects after our involvement ends.

Those sobering but conservative numbers are a key finding of the bipartisan Commission on Wartime Contracting in Iraq and Afghanistan, which will submit its report to Congress on Wednesday. All eight commissioners agree that major changes in law and policy are needed to avoid confusion and waste in the next contingency, whether it involves armed struggle overseas or response to disasters at home.

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Professional Overseas Contractors - www.Your-POC.com
According to the Justice Department announced today that Northrop Grumman Corp. has paid the United States $11.4 million to settle a government claim for penalties provided under the Federal Acquisition Regulation (FAR) and False Claims Act allegations stemming from its failure to abide by a 2002 settlement agreement with the Defense Contract Management Agency (DCMA). The government alleged that Northrop charged to its federal contracts certain costs for deferred compensation awards to key employees, even though it had promised not to do so as part of the earlier 2002 settlement.

Assistant Attorney General for the Department of Justice’s Civil Division Stuart F. Delery“Federal contractors must abide by the obligations they accept when contracting with the government, including compliance with federal regulations restricting the types and amount of costs they can charge to their federal contracts,” said Assistant Attorney General for the Department of Justice’s Civil Division Stuart F. Delery. “The Department of Justice is committed to enforcing these fundamental obligations using every available tool, including FAR penalties assessed under the contract and, where appropriate, fraud-based counterclaims.”

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Professional Overseas Contractors - www.Your-POC.com
WASHINGTON — Four ex-Blackwater guards are pleading not guilty to multiple manslaughter charges stemming from a deadly 2007 shooting on the streets of Baghdad.

Prosecutors say the heavily armed Blackwater convoy launched an unprovoked attack. Defense lawyers argue their clients, who entered their pleas Wednesday, are innocent men who were ambushed by Iraqi insurgents.

The guards were first indicted in 2008, but one of them, Nicholas Slatten, was dropped from the case the following year. A judge then dismissed the indictment against all defendants, but an appeals court reinstated the case. The men were charged in October in a new indictment.

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Professional Overseas Contractors - www.Your-POC.com
Keith Johnson, 46, and his wife, Angela Johnson, 44, of Maryville, Tenn., pleaded guilty today to their roles in a $9.7 million procurement fraud scheme. The Johnsons were indicted by a federal grand jury on conspiracy to commit wire fraud and wire fraud charges. Keith Johnson faces a maximum penalty of 20 years in prison, and Angela Johnson faces a maximum penalty of five years in prison when they are sentenced on Feb. 14, 2014.

In a statement of facts filed with the plea agreement, Keith Johnson admitted to serving as the program manager for a Department of Defense contractor that operated a central maintenance facility (CMF) in Kabul, Afghanistan, and other facilities in that country to maintain and repair vehicles used by the Afghan National Army. In his position during 2007 to 2008, Keith Johnson was involved in purchasing vehicle parts from vendors.

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Professional Overseas Contractors - www.Your-POC.com
The Navy said Wednesday that it had suspended a ship-supply company for significantly overcharging on a contract, the second such suspension since mid-September. The company, Inchcape Shipping Services, owned by the Dubai-based Istithmar World, mainly supplies Navy ships in the Mediterranean and the Middle East.

The Navy is already grappling with a criminal investigation of its main ship supplier in the Pacific, Glenn Defense Marine Asia, whose owner, Leonard Glenn Francis, was arrested in September on charges of conspiring to bribe Navy officials with prostitutes and gifts.

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Professional Overseas Contractors - www.Your-POC.com
WASHINGTON — The Navy has suspended another contractor that services and supplies Navy ships and submarines, this time for what the Navy called "questionable business integrity."

The Navy announced Wednesday evening provided no details on allegations against the company, Inchcape Shipping Services Holding Ltd., whose website describes it as one of the world's leading maritime service providers, doing business in 66 countries.

The suspension prevents the Department of the Navy and all other federal agencies from entering into any new contracts with Inchcape.

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Professional Overseas Contractors - www.Your-POC.com
WASHINGTON — The Navy has terminated more than $200 million in contracts with the defense contractor at the center of a widening scandal involving high-ranking officers, prostitutes and bribes.

The Navy ended three contracts for cause with Glenn Defense Marine Asia valued at $196 million, according to a Navy official who spoke on condition of anonymity to discuss the case that remains under investigation. Another $7.5 million in contracts were terminated “for convenience” as the Navy seeks to sever its ties with the contractor.

The scandal, which spreads “day by day,” according to Acting U.S. Assistant Attorney General Mythili Raman, has rocked the Navy from the Pacific to the Pentagon. Meanwhile, a member of the House Armed Services Committee said the allegations expose problems that go “to the core” of the Navy.

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Professional Overseas Contractors - www.Your-POC.com
Iraqi Consultants and Construction Bureau (ICCB) has paid the U.S. $2.7 million to resolve allegations that it violated the False Claims Act by bribing a U.S. government official to obtain U.S. government contracts in Iraq, the Department of Justice announced. ICCB is a privately owned construction company headquartered in Baghdad, Iraq.

Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery“Bribery will not be tolerated in government contracting,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery. “We will ensure that government contracts are awarded based on merit and pursue allegations of fraudulently procured contracts wherever they occur.”

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Professional Overseas Contractors - www.Your-POC.com
A former U.S. Army Sergeant and a co-conspirator have been sentenced in the District of Colorado for their roles in stealing fuel at Forward Operating Base (FOB) Fenty, Afghanistan, Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division announced.

U.S. Army Sergeant Christopher Weaver, 30, of Fort Carson, Colo., was sentenced on Oct. 28, 2013, to serve 37 months in prison. Weaver pleaded guilty Oct. 20, 2012, and was sentenced by U.S. District Court Judge Marcia S. Krieger.

Jonathan Hightower, 31, of Houston, Texas, who worked at FOB Fenty as a civilian employee of a contractor and who had conspired with Weaver, were also sentenced on Oct. 28, 2013, to serve 27 months in prison. He pleaded guilty Aug. 3, 2012, and was sentenced by U.S. District Court Judge William J. Martinez.

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Serco
LONDON — Troubled British support services contractor Serco was one of three bidders to lodge proposals with the Defense Ministry on Thursday as a competition to become the private sector business partner managing military infrastructure entered its final stages.

Serco submitted the bid under the shadow of a wide-ranging investigation by the government into all the contracts it holds with the company in the wake of allegations the support services provider defrauded it on two contracts related to electronic tagging and transport of prisoners.

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Professional Overseas Contractors - www.Your-POC.com
A Navy commander, a Naval criminal investigator and a defense contractor have been charged with conspiracy in a bribery scheme to gain millions in international port contracts, federal prosecutors said.

Leonard Francis was arrested this week in San Diego, Cmdr. Michael Misiewicz was arrested in Colorado, and NCIS Supervisory Special Agent John Beliveau II was arrested in Virginia, the U.S. attorney’s office said in a statement Tuesday night. Each faces up to five years in prison if convicted of conspiracy to commit bribery.

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Professional Overseas Contractors - www.Your-POC.com
Cathleen D. McGrade, age 64, was a contractor working for the State Department’s office of Overseas Building Operation and husband Brian C. Collinsworth, age 47, of Stafford, Va., pleaded guilty today to major fraud against the government, conspiracy to launder monetary instruments, and engaging in unlawful monetary transactions. Sentencing scheduled for November 2013.

Neil H. MacBride, United States Attorney for the Eastern District of Virginia; Harold W. Geisel, Acting Inspector General for the Department of State; and Thomas J. Kelly, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Section, Washington, D.C. Field Office, made the announcement after the plea was accepted by United States District Judge Liam O’Grady.

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KBR Inc. invoked federal laws shielding contractors during wartime in an effort to avoid a Texas trial over injuries claimed by troops who were exposed to toxic chemicals while guarding a work site in Iraq.

KBR argued today before a U.S. Court of Appeals panel in El Paso, Texas, that contractor-on-the-battlefield statutes act as a firewall to litigation. Without that protection, KBR and other contractors might abandon military support work altogether, the company has said.

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The U.S. foreign aid agency spent nearly one-quarter of its $203 million budget for promoting stability in Afghanistan without issuing a single community grant as the program was designed to do, according to a watchdog report released on Monday. Special Inspector General for Afghanistan Reconstruction John F. Sopko found that the U.S. Agency for International Development spent almost $50 million of its Stability in Key Areas (SIKA) funding on workshops and training sessions instead of projects that would directly address instability in the region.

John Sopko“It’s troubling that after 16 months, this program has not issued its first community grant,” Sopko said in a statement. “This looks like bad value for U.S. taxpayers and the Afghan people.”

Sarah WinesSarah Wines, who is USAID’s acting mission director for Afghanistan, said in a response to the report that the findings showed a “fundamental misunderstanding of SIKA’s purpose” and that the awarding of grants in and of itself is not the most important element of the program.

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Professional Overseas Contractors - www.Your-POC.com An Afghan construction company sued DynCorp International in Virginia federal court last week, alleging that after it subcontracted with DynCorp to build barracks and related facilities, the military contractor withheld payments and assessed improper back charges.

Omran Construction Consulting & Engineering claims that DynCorp is holding out on it for work it did under DynCorp’s $47.5 million contract with the U.S. Army Corps of Engineers to construct various military facilities for the Afghan National Army.

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Special Inspector General for Afghanistan Reconstruction (SIGAR)

Special Inspector General for Afghanistan Reconstruction (SIGAR) investigation of large-scale corruption in Afghanistan led to the Department of Justice freezing more than $63 million in U.S. government funds, allegedly obtained through fraudulent means, located in bank accounts held in Afghanistan and in correspondent banks in the United States and abroad. The bank accounts are owned by Hikmatullah Shadman, an Afghan trucking contractor, who according to court documents allegedly defrauded the U.S. of more than $77 million by charging inflated prices for trucking contracts to deliver U.S. military supplies. These trucking contracts were allegedly obtained through bribes, kickbacks, and bid-rigging, according to court papers.

John Sopko"We are determined to use all possible means to recover stolen taxpayer money. I'm proud of my agents, who worked closely with the Department of Justice on this groundbreaking achievement. This hits the criminals where it hurts. SIGAR will stop at nothing to follow this money trail wherever it leads," said Special Inspector General for Afghanistan Reconstruction John F. Sopko.

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