First there was Randy "Duke" Cunningham, the former congressman who pled guilty to taking a bunch of defense-related bribes and is now doing the time in a federal prison in Arizona. Now, reports the San Diego Union-Tribune, six people at the Space and Naval Warfare Systems Command have been indicted for supposedly accepting bribes in relation to defense contracts. The federal employees were involved in providing support to Southcom's counter-drug efforts.  

My worry: What if these cases are more common that we know, but are only surfacing in San Diego because of an aggressive local law enforcement office and a newspaper that is interested in the subject?

Sandy Huffaker/Getty Images

 
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SOCAL55

4:12 PM ET

July 8, 2009

Lots of opportunity here in " Diego"

for defense contract corruption. The Blackwater case in San Diego showed how even low level Navy personnel were able to ink million dollar training contracts with little or no oversight.

The opportunities for corruption in an outsourced military go way beyond weapons, intelligence and training though. Such things as office cleaning, landscape maintenance and food service concessions are ripe for small scale larceny. Also suppliers of non-military goods used on the bases from copier paper to basketball uniforms all offer opportunities for skimming, kickbacks and "hooking up" friends and relatives. It all adds up to many billions wasted.

 

WALKING WOUNDED

9:03 PM ET

July 8, 2009

SPAWAR corruption

Defense graft? By the missileers? In my hometown? I'm shocked. Next you'll tell me that the N. TJ sherif's office has Italian connections.

This latest could leave my town unprepared and shodily geared to defend ourselves from unholy alliances of congressional enemies and the USAF space command.

Citizen's, look to the sky! We have a Missile Gap!

Seriously, the old overweight Duke may have been guilty of crimes agin the Constitution, but young Cunningham charged the canon's mouth, maybe the only US ace to take down an NVA ace, and have to swim for it. Doesn't buy him a pass for selling crappy software while the kids were concussing against unpadded helmets, but it does rate an asterisk and an author's credit in the ignominy stats.

Speaking of Duke's fall, who investigated the colonels taking and acting on his calls, over at the Pentagon. At least half of the crimes you mention are anchored on the Potomac, on the WaPo beat. How come it took a bad real estate deal and our local rag to run that down? I'm thinking that whole Dusty Foggo party-at-Watergate story still has some juicey scandal in it.

 

RUBBER DUCKY

6:53 PM ET

July 8, 2009

Inept Acquisition & Contract Oversight

Speaking from 16 years in the service industry for US military and a lot of time previously on the other side of the table...

The government acquisition officials - in uniform and civil service - work hard and try their best, but they are hampered by four factors:

1. There's just not enough of them for proper oversight.

2. The up-and-comers migrate to the hardware side of the game, the glitzy stuff, and prosaic services and supplies get the slow ones.

3. A fair number of these guys and gals are not very good at their job.

4. The lot of them are universally ignorant of business; its economics, ethics, and processes. Their entering assumptions and attitudes do them little good, much harm. It measures the situation that they are not much in demand in industry for a second career.

 

WALKING WOUNDED

9:02 PM ET

July 8, 2009

would you take a job

as Site Manager for Waste, Fraud and Abuse? That was a real job title at NOSC, one of the large naval labs in SD.

I do have to echo your point RD, that the people I know working for the Navy, or for contractors here are honest, delivering the goods. And the regs can drive up cost for no value that I could see. I've more personal knowledge of outright corruption at UCSD, and in the oil & gas mfg. business I worked for.

But enough about San Diego. Dusty Foggo and the hostessed never-ending congressional card game is more interesting...

 

SOCAL55

9:33 PM ET

July 8, 2009

Wow!

with everyone so honest we don't need "costly" regs I can't understand how there appears to be so much waste, fraud and corruption.

 

WALKING WOUNDED

11:57 PM ET

July 8, 2009

and abuse

and ineption. And my dog Sh__head.
But that's all.
;)

 

BILL KELLER

10:21 AM ET

July 9, 2009

It is an endemic problem....

and suspect it sits in the subcontractor arena where the gov't has no direct link but places all its directed beneficiaries.

When a program executive officer has a spouse or a son or a brother or a former colleague, civil service or military, properly placed among the second tier, preferred subcontractors, of the contractors at work you can be sure there will be an unwritten qualification for preferred subcontractor engagement at prior to the prime being selected.

Command's judge advocates and legal counsels have in place "ethics" counselors who perform the same services for the corrupt as did the legal counselors at Justice and DoD did for the torturers - describe what activities can be profitably engaged all while staying just under the radar of the law.

Of course with all those general officers and executives walking about wearing stars, pretty uniforms and expensive suits and not held accountable for blindness to the existence of such corruption in their areas of responsibility, one can only applaud the residue of character that holds the theft below the level of looting.

Of IGs and hot lines - a place of quiet solitude while awaiting the annuity given for decades of presence where breathing is only requirement. With the rare exception of the Special IG in Iraq, full staffing at the top is best demonstrated by three monkeys with properly placed hands.

 

BILL KELLER

12:54 PM ET

July 9, 2009

and enabled by eliptical fund flow....

SPAWARS, JFCOM(JiffyLube For Circulation Of Money)provide support for patronaged programs among the services with the expectation that money will be MIPRed back to fund the lives of friends and families placed within subcontractors. This sideways funding goes without audit, inspection and accounatbility.

If service source witholds the lard, the Joint withdraws support. So the loop of lard continues.

 

RUBBER DUCKY

1:58 PM ET

July 9, 2009

Let's take a deep breath,

Let's take a deep breath, folks.

1. The level of corruption and law-breaking at the Navy/contractor interface is pretty low. This is not an endemic problem.

2. Mismanagement of procurements and contracts by the Navy's contract administrators constitutes a much greater level of waste. You don't need fraud and abuse to be stupid.

3. One reason San Diego stands out is because there's a lot of Navy in San Diego.

 

BILL KELLER

6:21 PM ET

July 9, 2009

Just a thought plus two...

Your number 1: "suspect it sits in the subcontractor arena where the gov't has no direct link but places all its directed beneficiaries." Gov't-Prime is not where the problem occurs. KOs are pretty clean. It is in source selection and delivery order where the side work is done.

2: major wastage is set into motion by fluid requirements, unverified advocacy estimates of costs and really a lack of engineering design capabilities within the services. Acquisition and contracts is at the end of a very bad pipeline.

3: any organization operating in the same location and over a long enough period of time will develop the necessary conflicts of interests, sclerosis and an inertia. The Navy and San Diego are not any different from the Legions and Rome; GM and Detroit, Steel and Pittsburgh, Anything and Washington.

 

WALKING WOUNDED

11:18 PM ET

July 9, 2009

point of fact

SPAWAR was pretty new in San Diego, with a LOT of contractor transplants from the beltway. We've got way juicier homegrown stuff than what the Union wrote up.

For instance, the Fed. Prosecutor was dismissed in the middle of the Cunningham-Wilkes-Wade-Dusty Foggo affair, effectively halting further indictments in favor of pre-election HVT prosecution of illegal labor coyotes and voter registration.

Whoops, I stand corrected: Foggo did finally cop a plea, becoming the highest ranking CIA official (#3 under Goss) to ever do time. Must've been some party there at the Watergate, for Dusty to plea to a 3 year prison term, rather than expose others in a court battle.

http://www.nytimes.com/2009/02/27/washington/27inquire.html
http://www.msnbc.msn.com/id/12634250

 

BILL KELLER

10:05 AM ET

July 10, 2009

It is the locals....

"We've got way juicier homegrown stuff than what the Union wrote up."

Isn't this who were indicted? It is local friends and families at the sub level built over years of insular patronage that creates the pool. Everything remotely controlled, with a floater management structure of outsiders, with ownership distributed elsewhere, with no concept of fiduciary accountability and civil penalties and annuities at risk, with incompetent oversight will become the Fulton Fish Market.

 

DAVECHENEY

2:46 PM ET

July 9, 2009

Plenty to go around

Take a look at the latest from Murtha's district, and I think you will find that the east coast covers its fair share of this racket.

 

GRANT

7:13 PM ET

July 9, 2009

Defense and CDI

I see many similarities between the United States today and many major armies just before the Napoleonic age and the Second World War. We're currently considered the most powerful military in the world, but that position seems likely to encourage complacency and a conservative attitude.
Also corruption is to be expected in a system like this. You have hundreds of billions of dollars floating around, defense companies that don't hesitate to use politicians to stop the military from using other companies (remember the debacle over the air force using a European company instead of an American one?), and politicians that are more interested in keeping voters happy and campaign coffers filled than in real American security. In my opinion the best way to end this is a brief and disastrous war that exposes the worst of our flaws and forces us to actually reform the system.

On a related but separate topic, does this site have an opinion on the Center for Defense Information? I would think that this story fits well with their articles.

 

BILL KELLER

10:08 AM ET

July 10, 2009

Below CDIs radar...it is about money...war creates opportunities

like rain for the good and the bad...see my comments above.

 

MARIGOTRIP

2:27 PM ET

July 10, 2009

Coming late to this thread.

Coming late to this thread. 20-plus years experience as a contractor-side (defense, IC, and civilian agency customers) attorney (save the jokes, please :) ). Just as often representing companies that have not won contracts as those that have. A few thougths:
1. Given the amount of money and the (literally) millions of contract actions per year, the system is remarkably clean.
2. "Waste, fraud, and abuse" are not the same things. Every business environment has bad busiess decisions--the government, in its business capacity, is no exception. Fraud is different than stupidity.
3. Overwhelming number of "cost overruns" are change orders, mostly as requirements change. Media never gets that. Overruns rarely happen on COTS buys, or on stable requirements. But change the technical specs, schedules, quantities, etc. and of course things take longer and cost more.
4. Most of my clients (and most government contractors) spend a lot of time and money trying to comply with the rules. Systems on top of systems enforced by strict internal and external (IG, FBI, DoJ, etc.) penalties. Things are cleaner than 20 years ago, but people are still people.
5. The Congressional earmark system is a national disgrace.
6. "No bid contracts" (i.e. sole source, see FAR 6.3) are rare as a percentage of total contracts, somewhat more as a percentage of total dollars. Why? Because once a major weapons system, particularly aircraft, is in production, every follow on contract for the rest of the program (i.e. ALL the F-22s, for example) count as sole source. Garden variety sole source contracts are rare, require heavy documentation (see, again, FAR 6.3), and are protestable.
7. The GAO and Court of Federal Claims bid protest systems are the best things to happen to the procurement process, in terms of keeping everyone on both sides honest. The process is fast (100 days or so, max, in almost every case), the Gov't can proceed even during a protest in a real emergency, and having a third party available to adjudicate has made the procurement process much cleaner and fairer. (To put it in perspective, about 2500 total protests per year, out of hundreds of thousands or millions of contract actions.)
Off the soapbox. Great thread.
Bill

 

RUBBER DUCKY

3:33 PM ET

July 10, 2009

Amen.

Amen.

 

BILL KELLER

1:11 AM ET

July 11, 2009

True; but, relevant?

This article is about activity far away from your prospective. Yes, large defense contractors are very strict in complying with the law and ethical approaches to their business and hold themselves accountable to their stockholders. But this is a note about felonies that occur among the individual members of government that seek the advantages of patronage and contributions normally endowed to elected officials. Remember friends, family and sometimes mistresses are involved in the trade of assets away from the restriction of FAR and DFAR. Simple honesty issues among the feeders to the larger fish.

 

CHIM CHIM

6:42 AM ET

July 13, 2009

Bill, Nice insights... I'm

Bill,
Nice insights...

I'm speaking from 20+ years on active duty and almost ten as a contractor on various government contracts. I really appreciate your perspective as an attorney.

You make very good points and the things you mention apply almost universally to large Government Primes. I'll give you some grief on a few of your points though...

1. I would tend to say the system is actually not all that clean, I think the major Defense contractors are by the nature of the system forced to be "Above the board." in the manner you said. However, as most folks around know SPAWAR San Diego is "In love with small business." Small business is where this sort of corruptin flourishes -- fewer folks to convince to go to the dark side, and fewer compliance issues to satisfy. Add to that the fact that the same person is allowed to hold the same position (such as Alexander in the most recent case) for an almost indefinite time it makes it easy to continue corrupt practices unabated for TEN YEARS as in this current TLC case. My point is that "Old boys" networks don't form without "Old boys" and this is a classic case of non rotated duties resulting in corruption.

3. In general I think you are spot on about "Change Orders;" however, COTS being a "stable" item is another Defense falacy that has made weapons systems costs spiral. Heres a little insight about COTS ... its fine for toilets and dish soap, but put COTS pieces in a weapon system and it instantly becomes not COTS; in other words there WILL be overruns period due to the nature of Weapons and Weapons Development.

Anyhow my $.02

 

BILL KELLER

10:21 AM ET

July 13, 2009

Chim Chim you have completed the train logic...

Thank you...the presence of a person for a long periods in same location...in the Navy, it was once called homesteading with locals, fraternizing with sand crabs...in the Army, well I once watched a very senior military officer retire after 15 years in the same location where the officer had control over both acquisition purchasing and management, source selection and contract award...it was amazing how fast after relief he ran out of town...his organizations probably had a Alexander type in every pot...below Darleen of the Air Force is mentioned, it would appear to me that by the time she was fixing the bid process at the top she had for years, maybe decades, been building the culture and cadre to do so.

 

TOM RICKS

2:43 PM ET

July 11, 2009

I guess Boeing isn't a big contractor then

"defense contractors are very strict in complying with the law and ethical approaches

I seem to remember they played footsie with Darleen Druyun when she was a big Pentagon acquisition executive. She wound up doing the time.

http://www.govexec.com/dailyfed/1004/100104g1.htm

 

WALKING WOUNDED

2:55 AM ET

July 12, 2009

Old man Northrup spoke from the grave

about big aviation's (Consolidated-cum-GD and Boeing) blatantly coercive low-ball bid to absorb his company, assisted by SecAir Symington, an attempt to steal the B-49 strategic bomber contract. Symington followed thru with his threats. Northrup put his version on film, in his own plain english, and it ran on network prime time news.

Ample evidence for an ongoing endemic fraud-corruption problem is there in Cunningham's ability to phone directly into the puzzle palace and coerce purchase of worthless software. This happened during war, when the warriors were hurting for company / battalion weapons and protective armor. If the system was allergic to that kind of crime, flag officers would have been closeting the committee chair (Duncan Hunter) or the ranking Dem (Murtha), or asking their civilian executives to take it as far up the House leadership as necessary to slap a besotted war hero into place.

So far as we know, neither Pentagon nor Congress blew the whistle. It's possible someone had the huevo's or animus to drop a dime on him, although no one has claimed credit or a whistle-blower award. I'd be scared that Cheney's aim isn't that bad. Cunningham's crimes were tolerated by Hunter and House leadership for years, and larger prosecution was truncated by political interference.

Even accepting a system of mil-spec earmarks, thats not an unwatched tap, nor permission to sell junk during a war. Since earmarks form the basis for incumbant survival and party finances, they are tracked and divvied up by party leadership, on an individual and committee basis.

Cunningham's seat was safe, and the party majority margin was huge. There was no partisan reason to stretch the limits of earmarking on his behalf. Au contrare, Duke's staggeringly blatant double-edged graft, with published list pricing no less, wised the voters up, a cardinal political sin.

 

BILL KELLER

2:50 AM ET

July 12, 2009

Darleen was the gov't streetwalker with the hand out...

...and yes she did time. These guys in San Diego are also of the same sort but with access to smaller purses. We focus on the contractors too easily in bribery cases when in fact the initiator is a gov guy. Remember Boeing is facing billions in the downside and also lives in world of SarbOX.

Darleen and the lightweights had one thing in common - a sense that the corruption would work. Top to low end same perspective, why is that?

 

Thomas E. Ricks covered the U.S. military for the Washington Post from 2000 through 2008.

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