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]

The wars in Iraq and Afghanistan have doubled down on the practice, with the number of contractors more than doubling the number of uniformed personnel on the ground at various points over the past decade.

And it's a trend that continues in Afghanistan, where the 10,000 US troops there are dwarfed by the 39,600 contractors supporting their training and advising mission, 14,200 of which are American citizens.

In Iraq, Pentagon spokesman Mark Wright said in an email, DoD contractors are tightly focused in their activities, "primarily performing translator/interpreter, communications, logistics, and maintenance functions."

Overall, there are about 5,000 mainly State Department contractors in Iraq which represents a relatively modest footprint as compared to previous years, where there were over 160,000 during the height of the fighting. There are also 54,000 civilian contractors working across the Middle East for US Central Command.

But more could be on their way to Iraq.

On March 3, the US Army issued a solicitation for Security Assistance Mentors & Advisors to support the Iraqi Ministry of Defense "with designing, implementing, and sustaining systems that increase its institutional capabilities."

Asked about the document, the Pentagon's Mark Wright explained that while the contract does not specify any particular number of advisers, "it is not anticipated to be greater than a half dozen ministry advisors. These persons are not required to be armed and are not intended to directly support combat operations, but to provide administrative assistance."

And its not only civilian personnel that are being tapped to support the uniformed personnel in Iraq. On Feb. 27, the US Transportation Command issued a Request for Information looking for a contractor to provide eight "heavy Rotary Wing aircraft."

While not an official solicitation just yet, the US government said that it is looking to identify contractors who can provide birds that can each ferry a minimum of 12 passengers and move a load of at least 5,000 pounds. The aircraft and their civilian crews would be positioned at the Baghdad Diplomatic Support Center, and "missions may involve destinations throughout Iraq" transporting troops, food and water, fuel, and ammunition.

The Diplomatic Support Center is a 350-acre facility run by the State Department next to the Baghdad International Airport, which is also thought to house the US Army Apache helicopters sent to Baghdad last year.

While their numbers are still relatively small in Iraq, the use of contractors in American military deployments in recent years has stirred plenty of controversy—particularly the use of security contractors. Critics have charged that the use of civilians to perform so many non-combat functions has served to downplay the true size of the American commitment.

There have also been plenty of issues revolving around poor contract oversight, human rights issues revolving around contractors from third-world countries, and plenty of waste, fraud, and abuse. In fact, the Commission on Wartime Contracting has reported that as much as $60 billion was lost to waste or fraud in Iraq, as contractors often subcontracted out to other contractors and the trail of money went wobbly.

As reported by: DEFENSE NEWS Email: [email protected], Twitter: @paulmcleary