Long Path to Courtroom for War Contractor Accused of Bribery

by T Christian Miller at Propublica June 1, 2011

For proof that the wheels of justice turn slowly for private contractors in Iraq and Afghanistan, and sometimes bog down all together, look no further than the indictment [1] this week of George H. Lee, American businessman.

A federal grand jury indicted Lee on charges that he allegedly paid bribes to military officers to win contracts for his company, Lee Dynamics International. The company, a family affair that included Lee’s son, Justin W. Lee (also indicted this week), provided bottled water, food, living quarters, and all kinds of everyday items that form the backbone of a military logistical operation. George Lee also stands accused of setting up fake bank accounts, buying airplane tickets for contracting officials, and sending them on spa trips.

According to prosecutors, Lee’s wrongdoing began back in 2004 — almost seven years ago.

Several military officials were held accountable for their roles in his schemes long ago. Maj. John Cockerham pleaded guilty to taking millions of dollars in bribes from Lee and received a 17-year prison sentence [2]. Maj. Gloria Davis killed herself shortly after allegedly confessing to authorities that she had taken a $225,000 payment from Lee.

But it has proven exceptionally difficult to bring Lee himself to justice. Even the indictments this week do not signal the end of the hunt. Lee remains at large, perhaps in Kuwait or Dubai [3]. His son is expected to appear in court in the U.S. The government barred Lee Dynamics from receiving further contracts in 2007.

The case provides further evidence of how difficult it is to secure convictions against private contractors in Iraq and Afghanistan, no matter how severe the crime. A number of private security guards accused of killing civilians have escaped sanction. Most notably, a judge dismissed [4] all charges in 2009 against five guards from the firm Blackwater for killing 17 Iraqis in a well-publicized shooting in Nisour square.

After nearly a decade of war, few mechanisms exist to investigate wrongdoing by the private sector, despite increasing reliance on contractors by the U.S. military. Attempts to bring private contractors under the military justice system have stalled. When federal investigators with the FBI or the inspectors general for Iraq and Afghanistan have attempted to collect evidence for cases filed in civilian courts, they have struggled to meet the demands of the American justice system.

We’ve annotated the indictment [1] to note highlights of the case and what it shows about difficulty of achieving accountability under the largest, most expensive U.S. reconstruction effort since the Marshall Plan.

Please see the original at ProPublica

Former Blackwater workers face new slaying indictment

By Tim McGlone The Virginian-Pilot

A federal grand jury issued a new murder indictment against two former Blackwater security workers, charging one defendant with using a machine gun but reducing an attempted murder charge against both.

The grand jury didn’t change the most serious charges against Christopher Drotleff and Justin Cannon. They remain charged with second-degree murder and related counts in the May 5, 2009, shooting deaths of two Afghan nationals and the wounding of a third.

The defendants are scheduled to be arraigned next week on the new indictment, but the Sept. 14 trial date is not expected to change. The grand jury issued the indictment Aug. 5.

Drotleff, of Virginia Beach, and Cannon, of Corpus Christi, Texas, were working for a subsidiary of Blackwater, also known as Xe, to train the Afghan police force in Kabul. The indictment alleges they were drinking that day when they became involved in a traffic accident and began firing their weapons at another car.

Drotleff and Cannon say they fired in self-defense, in fear for their lives, at a car that was speeding toward them. The government counters that the victims were all shot from behind.

The new indictment replaces a firearm charge against Cannon with use of a machine gun during the killings. The new charge carries a mandatory minimum sentence of 30 years in prison on conviction. The murder charge carries no minimum but a maximum of life in prison.

Court records say that Cannon was armed with an AK-47 machine gun that day, and Drotleff had a handgun. It has been unclear who fired at which victim.

Both men are charged with aiding and abetting each other in the murders of Rahib Mirza Mohammad and Romal Mohammad Naiem and the wounding of Fareed Haji Ahmad. Ahmad and Naiem were in the car; Mohammad was a pedestrian.

In a related filing, U.S. District Judge Robert G. Doumar issued a lengthy ruling on several pre trial motions, including what evidence the government can and cannot use against the defendants.

Doumar ruled that the government can submit to the jury evidence that the two men were drinking alcohol the day of the shootings. The two have denied that they were drinking, and their attorneys sought to prevent the government from using any evidence to the contrary.

“The state of mind of defendants at the time of the incident in question is of paramount importance,” Doumar wrote. “In addition to providing, in part, the context of the alleged crime, any evidence of alcohol consumption might be directly probative of a material issue.”

However, he barred the government from admitting written policies on the use of alcohol by Blackwater or the Army, saying that “would be unfairly prejudicial” to the defendants.

The court is preparing to send out a questionnaire in an effort to get a jump on jury selection. The 21-page questionnaire asks potential jurors for background information, law enforcement or military connections, whether they’ve heard about the case or know the defendants, and whether they can be impartial in a case involving victims who are Afghan Muslims.

Drotleff and Cannon remain jailed pending trial.

The U.S. attorney’s office and lawyers for the defendants declined to comment on the latest developments.  Original Story here