http://www.westword.com/2007-10-25/news/blackwater-isn-t-the-only-security-c
ontractor-with-something-to-hide
 

Blackwater Isn't the Only Security Contractor With Something to Hide


A Denver court case reveals dirty trade secrets from the business of war in
Iraq.


By Alan Prendergast  


Published: October 25, 2007


After twenty years of highly decorated service in the U.S. Army Special
Forces, David Boone thought he knew the rules of engagement. But that was
before he found himself back in the shit - Baghdad's Green Zone, to be
precise - and working for the private sector. In the emerging world of
outsourced warfare, the rules aren't always well defined. They can be, like
money, endlessly fungible. 


Almost three years ago, Boone, a Westminster resident, was fired by MVM, a
private firm that holds lucrative contracts in Iraq and elsewhere to provide
security services for American government officials. The ostensible reason
for the termination was that he "did not fit in" with the rest of his
six-man detail providing escorts in Baghdad under a Department of Defense
contract. But a lawsuit Boone filed claims that he was dumped because he
refused to go along with an "after-action" report that lied about a 2004
firefight with insurgent snipers - an account designed to cover up the fact
that a member of the team had fired indiscriminately into a residential
building. 


Filed in Adams County, Boone's lawsuit was soon moved to Denver's federal
court at the request of Virginia-based MVM, which has denied Boone's
allegations. After two years of legal maneuvers, a trial date still hasn't
been set. Some of the documents in the suit have been sealed, and even the
identity of the specific government agency that is MVM's client under the
contract is considered classified. But public records in the case raise
disturbing questions about the conduct of private security companies in Iraq
and the lack of oversight by the government agencies that employ them. 


Similar questions have been raging on Capitol Hill since September 16, when
employees of Blackwater USA, another private security force, were involved
in a shooting in a Baghdad square that left at least eight Iraqi civilians
dead. (Some accounts place the death toll at 28 or more.) A recent
congressional report found that Blackwater's 861 employees in Iraq have been
involved in at least 195 shooting incidents since 2005 - typically firing
first from moving vehicles and not stopping to assess the damage. The
company, headed by ex-Navy SEAL and wealthy Republican contributor Erik
Prince, is now the subject of several federal investigations. 


MVM's operations in Iraq are not on the same scale as Blackwater's
billion-dollar contract, but the company is still a significant player among
the 180 security firms doing business in what has become the most privatized
war in American history. Founded by former Secret Service agents in the
early 1980s, MVM reported more than $200 million in revenue last year; in
2004, the company sold off its corporate security division and now
concentrates entirely on government contracts, which range from guarding
American embassies and running detention centers for illegal immigrants to
providing transport for VIPs in Baghdad. 


Boone first went to work for MVM in the war zone in the spring of 2004. The
job paid up to $860 a day plus expenses - roughly $75,000 for a ninety-day
deployment. His team, the Scorpion PSD (protective services detail), was
assigned to escort "high-level personnel and visitors" from the Baghdad
airport to the American embassy and other locations in the international
zone. His lawsuit claims he resigned after his first ninety-day rotation
over concerns about the conduct of less-experienced team members, but agreed
to return that fall, after two team members were removed and he was promised
a guaranteed three rotations. 


On November 20, 2004, the Scorpion team delivered clients to the airport and
was returning to the Green Zone in a two-vehicle convoy. A car bomber pulled
a U-turn on a six-lane freeway overpass and detonated in front of the team's
armored Ford Excursions. According to MVM's after-action report, the team
was then fired upon from buildings adjacent to the overpass: "Periodically
gunmen were seen, and engaged, as they moved on the rooftops and in the
windows and balconies." A U.S. Army unit that came to the aid of the convoy
also came under fire from a sniper, who was then "neutralized" by one of the
MVM team, the report states. 


But Boone's written account of the incident maintains that there was no
enemy fire on the convoy. The tail gunner in his vehicle began firing five-
to seven-round bursts into an "upscale" residential building south of the
highway despite the lack of incoming fire, he says, triggering additional
.50-caliber bursts and rounds of grenades directed at the building from the
Army unit that soon arrived on the scene. 


"While I continued trying to identify the threat [the MVM gunner] was
engaging, the Army element called out, 'Someone tell that guy to stop
shooting,'" Boone wrote. "I relayed the Army's cease-fire order." 


None of the Scorpion members were seriously injured in the incident. Boone's
complaint alleges that team members later bragged to government clients of
having faced twenty or more shooters during the firefight and killing three.



Boone claims he took his objections to his superiors, along with concerns
about other alleged violations of company standards of conduct. He reported
a suspected affair between a team member and a married female soldier, as
well as illegal weapons, including AK-47s and hand grenades, that he alleges
had been purchased and stored by MVM employees. His lawsuit contends that
the company's decision to terminate him, two days before he was supposed to
return to Baghdad from Colorado for another ninety-day rotation, was in
retaliation for his whistleblowing efforts. 


MVM's lawyers have responded that Boone was not an employee but an
independent contractor, and that his termination was a matter of expedience
rather than retaliation. In the alleged firefight, Boone "failed to engage
the enemy," they contend. Boone attorney Thomas Stocker's response: "It is
simply incredulous to believe that a twenty-year Special Forces veteran,
highly trained in anti-terrorism skills, would not engage the enemy - if
there were any enemy to engage." 


The company has sought to have the case moved from Denver's federal court,
arguing that it belongs in an Iraqi courtroom. But in addition to breach of
contract, Boone is also claiming that he was fired for exercising "his legal
rights as an American citizen to object to illegal and wrongful behavior" -
and that, U.S. District Judge Phillip Figa ruled, is an appropriate matter
to be decided under Colorado employment law. 


"Iraq has no interest in the outcome of an employment dispute between a
Colorado citizen and a California corporation with its principal place of
business in Virginia," Figa wrote. "[Boone] has alleged MVM fired him for
performing an allegedly important public obligation and required him to
forsake a public duty in order to remain employed." 


An attorney for MVM declined to comment on the case. Stocker, Boone's
attorney, declined to discuss specifics of the lawsuit but said his client's
claims are no different than those of whistleblowers in other professions.
"If you believe there's been wrongdoing and report that to your company and
get fired for it, that's retaliation," he says. 


Boone has since returned to security work in Iraq with another company. His
offer to settle the case for $975,000 was rejected by MVM. A settlement
hearing is scheduled for early next year. 

 



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