Justice without the DoJ?

The transgressions were by no means unique. But the fact that the case of Custer Battles' contracting fraud was made public set it apart from the many other allegations of fraud that have remained out of the public eye. Three years into the Iraq war, the other 50 corruption cases remain sealed by the Department of Justice.

Attorney Alan Grayson brought forth the whistleblower case, representing two former Custer Battles employees. Grayson's clients alleged that the company defrauded the Coalition Provisional Authority (CPA) of millions of dollars during its time in Iraq. Robert Isakson and William Baldwin also accused Custer Battles of "war profiteering" that resulted in the serious injury of four employees due to faulty trucks.

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The body of evidence against Custer Battles is phenomenal. The company's documents revealed that Custer Battles forged invoices and overpriced the U.S. government by millions. Grayson told AlterNet that according to sworn testimony of the court, both his clients face incredible intimidation -- including death threats. Said Grayson, "One had a $50,000 bounty on his head from one of the defendants."

The defendants Grayson speaks of are the company cofounders Scott Custer and Mike Battles -- no strangers to Republican circles. Mike Battles ran for Congress back in 2002 (where he managed to get fined by the FEC three times for "misstatement of financial activities"). His partner, Scott Custer once stated, in an interview with two federal agents, "Battles is very active in the Republican Party and speaks to individuals he knows at the White House almost daily."

This may help explain the refusal on the part of the Department of Justice to take a role in the proceedings despite the clear fraud.

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Grayson recalled the testimony of Hugh B. Tant III, a retired general: "34 out of 36 trucks that Custer Battles delivered were inoperative. Materials deliveries came so late that rooms designed for one or two had six or seven sleeping on the floors. This was in Mosul in December -- in the mountains. Americans soldiers were sleeping in tents on the dirt in the cold. The general said that the plumbing and sewage in the camps was so poor that he couldn't stand to be in them because the smell was so bad."

The contract Custer Battles had with the U.S. government guaranteed a 25 percent profit for every dollar they spent. Yet, Custer Battles sought ways to make even more money off the war. They set up sham companies in the Cayman Islands and created fake invoices -- billing the government many times what they paid. Laundry service that cost Custer Battles $10,500 was billed for $200,000. Trucks at $220,000 were billed at $800,000. As Grayson succinctly put it in his closing argument, these people are simply "war whores."

Well, it is nice to know some semblance of justice emerged from this trial. I am wondering, though, if it is true that defendants placed bounty on one of the whistleblowers' head why they are not charged with a crime? Or is soliciting a murder not a crime anymore?

It would also be nice to know what the guidelines are for the DoJ in making a decision as to whether or not to involve itself in a case? Or is it OK to steal millions of dollars from the government these days? I am just confused...

tags: profiteering  theft  iraq  war  crime  law