PROTECTING THE TROOPS; THIS IS OUR MISSION
The checks and balances between Defense Contractors and the United States Government Agencies responsible to regulate these companies are grossly inadequate.
Companies producing vehicles, weapons, and protective equipment for the
U.S. military have always worked in the "gray area" as it relates to the
quality of the product verses meeting production schedules or "making the numbers". In our current
economy, companies numbers are down, the employee's are scared of
losing their jobs, so they are doing things they never would have done
before. Clearly these companies are now working in the "black"!
The government agencies responsible to regulate the Defense Contractors are under staffed and typically lack the education and experience necessary to understand the manufacturing of sophisticated high tech products used in the military today. Or, the complex quality assurance processes used today to ensure their safe and reliable use.
SOMETHING HAS TO BE DONE
HISTORY OF THE FALSE CLAIMS ACT
The False Claims Act, also known as the "Lincoln Law," was enacted during the Civil War to combat the fraud perpetrated by companies that sold supplies to the Union Army.
War profiteers were shipping boxes of sawdust instead of guns, for instance, and swindling the Union Army into purchasing the same cavalry horses several times. "You can sell anything to the government at almost any price you’ve got the guts to ask," boasted one profiteer who made millions unloading moth-eaten blankets to the military.
President Abraham Lincoln strongly advocated passage of the False Claims Act. It contained "qui tam" provisions that allowed private citizens to sue, on the government’s behalf, companies and individuals that were defrauding the government. "Qui tam" is short for a Latin phrase, "qui tam pro domino rage quam pro se ipso in hac parte sequitur," which roughly means "he who brings an action for the king as well as for himself." Congress passed the statute on March 2, 1863.
The original False Claims Act assessed wrongdoers double damages and a $2,000 civil fine for each false claim submitted. Those who filed lawsuits, known as "relators," were entitled to receive 50 percent of the amount the government recovered as a result of their cases.
The statute remained virtually unchanged until 1943 when Congress radically altered the qui tam provisions. The changes included a drastic cut in the relator’s reward, so there was less of an incentive for people to report fraud.
Another damaging change was a provision that prohibited qui tam lawsuits based on evidence or information already in the possession of the federal government. This provision effectively prevented whistleblowers from filing a qui tam lawsuit if any government employee had received a tip about the fraud or if any information about the fraud was contained in any government file, even if the government was not investigating the matter or trying to stop the fraud, and even if the whistleblower was the source of the government’s knowledge.
The 1943 amendments emasculated the False Claims Act, and it fell into almost complete disuse.
In the mid-1980s, Congress took another look at the law, spurred by reports of widespread fraud against the government. Defense contractor practices were receiving the greatest media attention. In part, this was due to the vastly increased defense spending spurred by the Reagan administration’s response to the Cold War.
The public was reading a steady stream of stories describing outrageous billing practices, such as the Navy paying $435 for an ordinary claw hammer and $640 for a toilet seat. In 1985, the Department of Defense reported that 45 of the largest 100 defense contractors -- including nine of the top 10 -- were under investigation for multiple fraud offenses.
Government enforcement agencies, meanwhile, complained that their efforts to investigate and stop fraud were hamstrung by insufficient resources, a lack of adequate legal tools and the difficulty of getting individuals with knowledge of fraud to speak up for fear they would lose their jobs.
Frustrated with the government’s inability to respond effectively to outrageous charges and other improper billing behavior by government contractors, Congress decided to revise the False Claims Act to encourage more whistleblowers to come forward and to create incentives for private attorneys to use their own resources to investigate fraud. Congress sought to create a partnership between public institutions and private citizens in keeping with President Reagan’s promise of greater privatization of government functions and the use of market forces to enhance government services.
Senator Charles Grassley, a Republican from Iowa, and Representative Howard Berman, a Democrat from California, sponsored the amendments to the False Claims Act, which received wide bipartisan support. President Reagan signed the bill into law on Oct. 27, 1986.
The amended False Claims Act provided that whistleblowers who brought successful cases were entitled to 15 percent to 30 percent of the government’s recovery, and their attorneys were guaranteed payment of their regular hourly fees by the defendant. Companies and other entities that defraud the government are liable for treble damages and a $5,000 to $10,000 penalty for each false claim.
When Congress amended the law, it also ensured that people who had provided information about fraud to the government could once again file a qui tam lawsuit.
John D. King vs. DSE, DSE Fuzing, JKS Industries, Kaman, and GTI Systems
Protect the Troops, Inc., ("PTT") was established
by John D. King, with over 25 years of experience as a Subject Matter
Expert in the manufacturing, inspection, and testing of military
products. Mr. King felt compelled to report his employer DSE, Inc. and
four other corrupt companies for knowingly producing and selling defective 40 mm Grenades to the
that likely killed or wounded American Soldiers for almost
Mr. King reported his employer because he felt it was his ethical, moral, and legal responsibility as Quality Assurance Manager of DSE to report these unconscionable acts. He took what these companies were doing very personal for a number of reasons, but what was compelling was that his cousin, who used to live with him as a child, sat on his lap, told him and his brother bed time stories, was in Iraq using the very weapons he was responsible for as Quality Assurance Manager.
Mr. King knew he was risking everything, including his career. Since becoming a Whistleblower on these corrupt companies, he has been "Blackballed" in the Industry, fired three times in two years after his employers found out he reported his previous employer only to be hung out to dry by the government.
After a two investigation by the Department of Justice and after being presented with indisputable evidence and expert testimony by John King of the conspiracies and acts of fraud by these companies against United States of America, the government failed to intervene in this matter. In fact, an independent audit was conducted where the Department of Justice confirmed certain aspects of Mr. King's allegations, but took no action to prevent defective and potential dangerous ammunition from being delivered and used by US Military Personnel.
After five years, the corruption of almost everyone involved became painfully obvious. Mr. King worked night and day on his case as the subject matter expert, paralegal, legal researcher, even drafting most of the legal documents. But, his attorney's (Craig James and Michael Tuma) worked just as hard helping the defendants fabricate a false defense that Mr. King grossly interfered with discovery, even refusing to comply with court orders. The fact of the matter is, my attorney's never told me of the court orders and concealed the conspiracy with the defendants attorneys by altering legal motions Mr. King drafted and supporting the defendants attorney's by not informing the court I produced all documents that was required. The DSE produced hundreds of thousands of documents that were mostly worthless and not what was requested. My case was dismissed and I am now handling my own appeal, because all attorney's that practice this law have an inherit conflict of interest, because they represent the governments best interest and not their clients. The problem with the FCA today, is that the government often does not support the whistleblower and settles on their own using the whistleblowers information. This is totally in conflict with the False Claims Act, specifically the Alternate Remedy clause designed to prevent what happened in my case. But, what was only recently discovered by Mr. King after reviewing thousands of documents is that the government actually settled this lawsuit in 2010, but concealed this from Mr. King and allowed these corrupt defense contractors to ruin his life. See Declaration of Settlement. Then, the Department of Justice filed their own lawsuit using all of Mr. King's information and setteled for $4.75 Million without paying Mr. King his share of the settlement based upon the rules of the False Claims Act. See the DOJ notice of Settlement. This completely violates the rules under the False Claims Act and defeats President Lincolns intention for the False Claims Act to be an incentive for employees of corrupt companies to come forward.
There is zero doubt with the evidence that Mr. King's attorneys were corrupted, but there is no way to know what the governments involvement was supporting the defendants to cover up the fraud that could exceed $1 Billion. After that, Mr. King was served up like a sacrificial lamb to the powerful defense contractors that performed a character assignation against Mr. King that ruined his life in everyway. Mr. King lost his career of over 20 years, his home of 13 years, with background that prevents him from gaining any kind of professional employment. Prior to become a whistleblower, he had only traffic violations and maintained government clearances duiing his entire career.
I believe these three ABC News stories tells the entire story.
This was the original ABC news story.
This story announced that a Congressional Investigation was ordered and then subsequently conducted.
This story is when General Maddux states me by name as the source that informed the government of defective grenades two years after I reported the fraud to the government which resulted in a breech of contract and a demand for repayment to the government. The fuzing facility in Orlando was shut down because of my FCA lawsuit and an independent audit performed by the government confirming all my allegations as being true.
Please reply and let me know if you will help me.
What's wrong with this, EVERYTHING!
John King has applied for law school to prevent this from every happening again to another patriot to this country trying to do the right thing. He is now taking this case to the Supreme Court and committed to this cause full time.
Defective 40 mm Grenades
A law suit was filed, under seal, by John D. King on behalf of the United States of America for violating the False Claims Act in December of 2008.
The named Defendants in the law suit are DSE, Inc., JKS Industries, Kaman Dayron, DSE Fuzing, and GTI Systems. The Department of Justice conducted a secret two year investigation reviewing thousands of documents provided by Mr. King, performed onsite audits, inspected and tested the grenades which confirmed at least some of Mr. King's allegations of corruption and fraudulent activities.
John King testified in a day-long interview before representatives of several government agencies of the United States including the State Attorneys Office, Department of Defense, Department of Justice and the U.S. Army detailing the corruption and fraudulent activities he observed while employed by Kaman Dayron in 2005 and again with DSE in 2008. Mr. King also explained the very complex technical aspects of the fraud committed by these companies not only affected the fuse of the 40 mm grenade but all the fuses manufactured by Kaman Dayron and/or DSE as it related to the government's quality assurance requirements.
As a result of the lawsuit filed by Mr. King, his testimony, and the Department of Justice's investigation, the DOJ requested and received four extensions to the seal to continue secretly investigating these companies.
The reasons stated by the government for their need to extend the seal were:
"allegations involved alleged false claims and
certifications regarding complex, technical parts and components of a
vital military weapon utilized by front-line troops in various branches
of the United States' armed forces. This factor alone has required
significant effort to coordinate agents and
agency counsel from the Department of Defense and several of the individual armed forces within DOD" and;
"Following the interview of the Relator (John King), the United States learned that another branch of the United States Government was independently conducting an audit of Defendant DSE Fuzing. In late July, the United States obtained a copy of the completed audit, which appears to confirm at least some of Relator's allegations."
In July of 2010, Mr. King's attorney at that time, Paul Byron, informed him that the Department of Justice concluded a test of the grenades confirming that the grenades were in fact defective. Additionally, Mr. Byron informed Mr. King that he was convinced that the Department of Justice was in fact going to intervene.
This is evident when the United States Attorney's Office filed their forth motion titled "UNITED STATES' EX PARTE MOTION FOR A BRIEF OF TIME TO INTERVENE AND CONCURRENT EXTENSION OF THE SEAL". The motion stated "The testing referred to in the previous extension application has been completed, but the results of that testing must now be reviewed by the Government" and that "the undersigned counsel needs time to confer with the two separate counsel for the affected military branches to determine their positions regarding intervention". This lends to support the argument that the test confirmed that the grenades were defective, failed to function properly, and that the Department of Justice was poised to intervene, but the Army made the final decision not to intervene.
Therefore, it was not a surprise to Mr. King and his attorneys when the Department of Justice filed a law suit against Kaman Dayron on November 06, 2009 for a different fuse that is contained in a Bunker Buster Bomb, built in the same factory, just on a different assembly line. But, it was a surprise to Mr. King and his attorney's when the Department of Justice announced on August 17, 2010 that they declined to intervene at this time on his lawsuit, but planned on continuing their law suit on the defective fuses for the Bunker Buster Bomb.
Read more: featured_stories/40_mm_grenades.html
Defective Humvee Armor
An issue that still occasionally pops up is the issue of armored Humvees. All you have to do is Google for "Humvee armor scandal" or something similar and you'll find the following criticisms of the Pentagon, Rumsfeld, or even George W Bush:
- The Humvee should have been built with armor in the first place
- Once we realized that we were facing an insurgency we should have up
armored our Humvees faster
- The bosses at the Pentagon made high-tech weapons a priority when they
should have made armored Humvees their priority.
- Nothing like this has ever happened before in all of recorded history, or at least before Vietnam, the only war any of them seem to be aware of.
Basically, war critics say that this episode demonstrates "criminal negligence" and/or "incompetence" on the part of the administration, or as many put it, "BushCo". What is almost funny is that when you read their "recommendations" as to what the military should do, the military has already been doing these things or is in the process of doing them. It all reminds of of John Kerry during the 2004 elections, everything he said we should do we were already doing.
Read more: featured_stories/Humvee_Armor.html
Defective Body Armor
secret Pentagon study has found that at least 80 percent of the
marines who have been killed in
from wounds to their upper body could have
survived if they had
extra body armor. That armor has been available since 2003 but
until recently the Pentagon has largely declined to supply it to
troops despite calls from the field for additional protection,
according to military officials.
The ceramic plates in vests currently worn by the majority of military personnel in
Thirty-one of the deadly wounds struck the chest or back so close to the plates that simply enlarging the existing shields "would have had the potential to alter the fatal outcome," according to the study, which was obtained by The New York Times.
Read more: featured_stories/Body_Armor.html
How many sons, daughters, mothers, fathers, husbands and wives have to come home in body bags before something is done?