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Former executives of Custer Battles -- an American firm accused of stealing millions
from Iraq reconstruction projects and banned from further government contracts
-- have continued doing contracting work and have formed new companies to bid
on such projects, The Associated Press has learned.
This may or may not be illegal, military officials say; Custer Battles officials
deny any wrongdoing.
The new companies (there are at least three) are all headed by Rob Roy Trumble,
who previously was operations chief for Custer Battles, according to state records.
The fledgling firms have different names but all are housed in the same office
as Custer Battles -- Suite 100 on Hammerlund Way in Middletown, R.I., 3,000
square feet on the ground floor of a squat building in an industrial park.
Meanwhile, Custer Battles' former chief financial officer Joseph Morris, accused
of submitting fake invoices to the government, has been working for another
American contractor in Iraq, according to interviews.
The military was not aware of either the new companies or Morris' new employment,
a Pentagon official said, speaking only on condition of anonymity. Military
investigators would have to decide whether these actions violate the suspension
order.
Morris did not return phone messages or e-mail sent to his company and private
addresses.
By itself, Custer Battles is already in a great deal of trouble. It is under
investigation by the Pentagon for allegedly cheating the U.S. government out
of tens of millions during the chaotic months following the Iraq invasion. In
September 2004, the military banned Custer Battles and 15 of its subsidiaries
and officials, including Morris, from obtaining government contracts while the
criminal probe proceeds.
Custer Battles employees have also been accused of firing on unarmed Iraqi
civilians, of using fake offshore companies to pad invoices by as much as 400
percent, and of using forgery and fraud to bilk the American government. Two
former associates have filed a federal whistle-blower suit, accusing top managers
of swindling at least $50 million.
Former Army Rangers Mike Battles and Scott Custer formed a limited liability
corporation before the Iraq invasion to seek rebuilding contracts. Battles,
a GOP campaign contributor and a former CIA case worker, ran unsuccessfully
for Congress in 2002 as a Rhode Island Republican.
The actions of Morris, their chief financial officer, were among the worst,
according to the military's suspension order and the federal lawsuit. The order
cites "serious improper conduct" by Morris which required immediate
suspension, so he could not be "awarded new public contracts in Iraq and
elsewhere."
But Morris has worked on subsequent reconstruction contracts, for an American
firm called Sallyport Global Holdings. Executive John DeBlasio said Morris worked
as a contracts consultant "off and on," for the past six months. "We
employed him for that, for his expertise," DeBlasio said. "He's got
a lot of knowledge about Iraq."
He didn't know Morris had been suspended, DeBlasio said.
DeBlasio is a former adviser to the Coalition Provisional Authority, which
ran Iraq and awarded reconstruction contracts for 13 months following the country's
invasion. Custer Battles was one of the first CPA contractors.
The suspension order, and the ongoing criminal investigation, have been reported
for months in the national and international media. The government maintains
a Web site that lists all parties banned from contracting work.
After DeBlasio talked with the AP, a lawyer representing Sallyport e-mailed
the AP saying Morris had signed a one-year contract with Sallyport in April
2004, before the suspension order was issued, and that work already underway
was exempt.
"All government contracts that Mr. Morris had any involvement in while
under contract with Sallyport were in effect prior to Mr. Morris being placed
on the (suspension) list," wrote Washington, D.C. attorney David Cohen.
Sallyport will not renew Morris' contract, Cohen said.
But a subcontractor now working in Iraq said Morris was a project manager for
Sallyport from May until October, when word got out about his military suspension,
and that Morris was involved with new contracts after his suspension.
"I asked him about it because I saw his name on the (government) Web site,"
said Nate Hill, a former Custer Battles midlevel manager who says he quit more
than a year ago after becoming exasperated with management practices. "He
told me he was a federal witness and had been exonerated."
According to federal regulations, individuals suspended by the military are
banned from acting as principals on subsequent government contracts. Principals
are defined as "officers, directors, owners, partners, and persons having
primary management or supervisory responsibilities." Whether Morris' position
was equivalent to those descriptions would have to be determined by military
investigators.
Rob Roy Trumble, the former Custer Battles executive who heads the new companies,
is not on the suspension list.
It is not a simple thing to track the ownership of two of his businesses, Emergent
Business Services and Tarheel Training LLC.
They are affiliated with a Romanian company called Danubia Global Inc. Danubia,
in turn, is owned by Security Ventures International Ltd., a British Virgin
Islands firm, according to Bucharest incorporation records. Trumble cut short
an interview with the AP, after saying he had "no idea" who owned
Danubia. The web sites of his new companies are linked to Danubia's. Emergent's
site says it is Danubia's employment recruiter and lists several contracting
jobs open in Iraq.
Battles and Custer, through a spokesman, said they sold the remaining Iraqi
assets of Custer Battles -- including vehicles, computers and intellectual properties
-- to Danubia early this year. Several former Custer Battles employees have
joined the Romanian firm. But the contractors refused to name the employees,
or to identify Danubia's owners.
Trumble said his new companies "have nothing to do with Custer Battles"
-- though they share the same office. A Custer Battles e-mail, obtained by the
AP, shows the recipient was instructed in January to send future Internet correspondence
to Emergent, though the phone number and street address remained the same.
Emergent has bid on at least one government contract, according to federal
records.
Tarheel Training was the name of North Carolina business development proposed
by Custer Battles. In January, the deal to build a security training facility
fell through amid growing controversy surrounding the contractor. That same
month, Tarheel Training LLC was incorporated in Delaware and North Carolina
with Trumble listed as manager.
Trumble denied he was the manager of Tarheel and said the 5-month-old company
was going out of business because "they haven't been able to sign any contracts."
But the company's web site says the firm is more than a year old and has attracted
more than 100 customers.
"We've been working with the specialists in Emergent Business Services
for well over a year and they have provided comprehensive, professional services,"
says the web site, quoting Tarheel Chief Executive Officer Jack Donovan.
Donovan is a retired military colonel who told a North Carolina newspaper in
November that Scott Custer "was one of my best soldiers. I got him a commission."
He also is a former Custer Battles official.
"They're like mushrooms, they just keep sprouting up," said Franklin
Willis, a former CPA official and Reagan administration member who testified
in Washington that Custer Battles had defied government control and did what
it wanted in Iraq.
"They are extremely clever. They are extremely brazen. They've never let
truth get in the way of their economic ambitions."