Bush's Achilles' Heel
by Jason Leopold
Halliburton and its former chief executive, Vice President Dick Cheney,
could become President Bush's Achilles' heel come the November
presidential
election.
On Monday, the Pentagon said it launched a criminal investigation into
allegations that Halliburton Inc. subsidiary Kellogg Brown & Root
overcharged the federal government upwards of $65 million for fuel
delivered into Baghdad during the Iraq war.
Halliburton spokeswoman Wendy Hall has repeatedly said that the company
did
not intentionally overcharge the government. To hear her tell it,
Halliburton was being a good corporate citizen because the company's
accountants, who uncovered evidence of the overcharges during a routine
audit last year, immediately brought it to the attention of Pentagon
officials. But Halliburton's got a rap sheet a mile long so when the
company says its innocent its hard to take their word for it.
Since the start of the Iraq war last March, Cheney's former company has
been the subject of intense scrutiny on Capitol Hill ever since it was
hand
picked by the federal government to lead reconstruction efforts in Iraq.
Halliburton stands to earn as much as $11 billion for its work in
rebuilding Iraq's schools and buildings, a financial reward Democrats
say
is a direct result of the Vice President's ties to the company. It's
important to note that Halliburton's military contracts ballooned while
Cheney was chief executive of the company from 1995 to 2000. Cheney
claims
he severed all ties with the company after he became vice president and
that he hasn't used his influence to help the company secure its recent
military contracts, but Cheney still receives $150,000 annually in
deferred
compensation from Halliburton and holds about $18 million in stock
options.
Halliburton has also been targeted by Democrats and the comptroller of a
New York City police and fire department pension fund for skirting US
law
and opening a Cayman Island subsidiary so it can do business with Iran,
a
country the Bush administration said sponsors terrorism.
What's interesting about the Pentagon's criminal probe into Halliburton
is
that it's the second time in four years the company has been the target
of
a criminal investigation on charges that Halliburton defrauded the
federal
government, an unprecedented occurrence for a Fortune 500 company,
according to officials in the Justice Department.
In October 2000, the Justice Department and a federal grand jury in
Sacramento launched a criminal investigation into Kellog Brown & Root
for
allegations stemming from a 1997 whistleblower lawsuit that said the
company, which Vice President Cheney was chief executive of at the time,
defrauded the government of about $6 million.
Former Kellog Brown & Root contracts manager Dammen Gant Campbell of
Monterrey, Calif., claimed that his superiors at KBR told him to
"capture
the budget" for construction projects at the US Army base at Fort Ord by
billing the federal government for work that was never performed.
In 1994, Kellog Brown & Root landed a major contract with the government
after the military decided to close Fort Ord during a wave of peacetime
base closings. KBR was hired to convert the base to government and
civilian
uses. Campbell claimed that between 1995 and 1997, KBR inflated its
billings by about $6 million.
Campbell said in his lawsuit that KBR promised to use cast-iron plumbing
and sheet metal heat ducts on an office building but instead used much
cheaper material and billed the government for the more expensive
supplies
and work it never used or performed.
The suit dragged for two years. In 2002 Halliburton paid a $2 million
fine
to settle the fraud charges without admitting guilt. The General
Accounting
Office also found evidence in 1997 and 2000 that KBR overcharged the
government for work it performed for the Army in the Balkans. The GAO
said
that KBR charged the government $86 for a sheet of plywood that the
company
paid $14 for. Halliburton said transportation costs accounted for the
price
spike, the same reason the company gave the Pentagon for jacking up the
price of fuel KBR delivered to Iraq.
Under federal law, federal contractors are required to have a
"satisfactory
record of integrity and business ethics," but Halliburton has been
repeatedly let off the hook with a mere slap on the wrist when evidence
of
its malfeasance surfaces.
Last May, Halliburton revealed in a Securities and Exchange Commission
filing that it paid $2.4 million in bribes to a Nigerian tax official to
obtain favorable tax treatment in the country where it is building a
natural gas plant and an offshore oil and gas facility. The bribes,
discovered again during an internal audit, were paid between 2001 and
2002
to "an entity owned by a Nigerian national who held himself out as a tax
consultant, when in fact he was an employee of a local tax authority."
Then there's the other Nigerian scandal the Justice Department, the SEC,
and French authorities are checking out: accusations that a Halliburton
joint venture paid $180 million in bribes in connection with a Nigerian
natural gas plant in the 1990s while Cheney was Halliburton's chief
executive.
There was also a Halliburton scandal in China about 10 years ago. In
June
1993, law enforcement officials in Taiwan questioned an executive of
KBR's
international subsidiary about alleged bribes made by the company and
others to obtain a contract to build a wastewater treatment facility. No
charges were filed in the case.
And then there's Iraq. In addition to charges that the company
overcharged
the government for fuel, Hall, the Halliburton spokeswoman, said the
company fired two KBR employees for allegedly taking more than $6
million
in kickbacks for awarding a Kuwaiti company sub-contracts for work in
Iraq.
Halliburton said it would repay the government. In addition, Halliburton
also agreed earlier this month to pay back $27 million to the Pentagon
for
inflating the costs on a contract to supply meals to the US military in
Iraq and Kuwait. Halliburton has temporarily stopped charging the US
military for meals until they agree on a better method for regulating
contracts.
So it appears that the latest news out of Washington, DC, concerning
Halliburton, one of the largest oil field service companies in the
world,
is just more fuel for the fire that's beginning to engulf the Bush
administration. Meanwhile, Halliburton launched a media blitz to clean
up
its public image.
But like the saying goes, if it walks like a duck and talks like a
duck...
To quote a recent statement made by Supreme Court Justice Antonin
Scalia,
who last month accompanied Cheney on a duck hunting together at a
private
camp in southern Louisiana just three weeks after the Supreme Court
agreed
to take up the vice president's appeal in lawsuits over his handling of
the
administration's energy task force, "quack, quack."
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