The Spoils of War
By MICHAEL SHNAYERSON
Halliburton subsidiary KBR got $12 billion worth of
exclusive contracts for work in Iraq.
But even more shocking is how KBR spent some of the money. Former U.S. Army
Corps of Engineers official Bunnatine Greenhouse is
blowing the whistle on the Dick Cheney–linked company's profits of war
This time, she was sure,
they were going to get her.
Bunnatine Greenhouse had been a huge nuisance
since the buildup to the war in Iraq—questioning contracts, writing caveats on
them in her spidery script, wanting to know why Halliburton and its subsidiary
KBR (formerly known as Kellogg, Brown and Root) should be thrown billions of
dollars of government business while other companies, big and small, were shut
out.
And Bunny Greenhouse wasn't that easy to ignore: she was the highest-ranking
civilian at the U.S. Army Corps of Engineers (USACE). Specifically, she was the
officer in charge of ensuring that any work contracted out by the Army Corps to
private industry—from help in building bridges and dams and highways to support
for wartime troops—was granted in a fair and aboveboard way. For two years,
Greenhouse had asked hard questions about why the head of the Corps, to whom
she reported directly, kept giving exclusive, non-compete
contracts to KBR that now amounted to roughly $10.8 billion. Greenhouse was
fearless, and she was blunt. In the Corps's male hierarchy, it probably didn't
help that she was a woman—or that she was black.
On October 6, 2004,
Greenhouse was summoned by the Corps's deputy commander, Major General Robert
Griffin. She knew that the top brass was eager to finalize the Corps's latest
contract for KBR, a $75 million extension for troop support in the Balkans.
Already it had gone through several drafts, mostly because Greenhouse kept
questioning the rationale for giving it to KBR without competitive bidding.
What she didn't know was that her superiors had closed ranks against her.
When Greenhouse entered the general's office, he handed her a letter that
explained she was being demoted for poor performance—a curious indictment,
given that she'd received high performance ratings before the war. The demotion
would knock her down to the government rank of GS-15. That was like going from
senior vice president in a Fortune 500 company to middle management. She could
retire instead with full benefits if she liked, the letter went on to say. She
was, after all, 60.
Greenhouse chose a third alternative: she hired a lawyer and began to fight.
All through last year's searing presidential campaign, the mere mention of
Halliburton stirred fury and bitterness in the blue states. How, Democrats
asked, had the Houston-based oil-and-gas conglomerate won all those deals to
provide services to troops in Iraq?
What role had Dick Cheney played behind the scenes, given that the vice
president had been Halliburton's C.E.O. from 1995 to 2000, walked away from the
job with an estimated $35 million, and continues to get six-figure
deferred-salary compensation from the company, despite his denials that he
does? True, Halliburton's $12.5 billion division KBR had expanded over the
years from oil and gas to do lots of government work: about half of its 60,000
employees in 43 countries handle military needs, from building bases to serving
food. But other companies—Fluor for one, Parsons for
another—service the military, too. Why hadn't they been considered?
Worse, KBR appeared to have mismanaged the work it got. At various hearings
of the House Committee on Government Reform last year, ranking minority member
Henry Waxman (a Democrat from California) turned livid as he detailed charges
of reckless spending, chaos in the distribution of supplies, and profiteering
by KBR executives—charges less often refuted than shrugged off.
Waxman had gotten many of his talking points from a plucky group of
whistle-blowers: contract staffers and truckdrivers
who'd worked for KBR in Iraq.
Their view was from the ground, with startling allegations of how KBR
operated—and operates still—on a day-to-day basis in the war zone.
Greenhouse, though, is the first to offer that view from a top-down
perspective. The picture that emerges when her account is added to the others
is of a company much like the law practice in John Grisham's novel The Firm:
a rogue operation, with corrupt management, cynically conning the federal
government as it rakes in billions of ill-earned taxpayer dollars.
Greenhouse knows how KBR got those contracts in the first place. She also
thinks she knows why.
Not surprisingly, Greenhouse is a bit late one
evening in Washington when she
bustles into the offices of her lawyer, Michael Kohn, with an armload of
documents. She's still at her job, having invoked protection under the
whistle-blower law of 1989, which keeps federal employees from being fired or
demoted until an investigation is conducted. Between doing her job and
preparing her case, she's got a lot to juggle.
Broad-shouldered and ebullient, Greenhouse radiates the conviction of her
faith as a charismatic Catholic. She's sung in a Sunday church choir her whole
adult life, and it's easy to imagine her there: she's the one in the back row
with the booming voice. "Back in 1970, God impressed upon me that I was to
be a fisher of men," she declares. "I didn't know what that meant.
But now it's all falling together. Something good is going to come out of this.
And more people who are lost right now are going to come into His fold."
Greenhouse has an up-by-the-bootstraps, all-American story. She was raised
in the segregated cotton town of Rayville,
Louisiana. Her father never made
it to third grade. But he operated the steam compress in the middle of town
that turned picked cotton bolls into bales, so he was, as his daughter recalls,
an important figure in the community. He and his wife, a fervent Bible reader,
urged their six children to strive for excellence, and that they did. Most
earned advanced degrees. Bunny was valedictorian at Baton
Rouge's Southern University and went on to acquire
three master's degrees, all related to her work at the Corps. One of her
brothers chose to excel in basketball. No one who follows the game has
forgotten the Washington Bullets' and Houston Rockets' Hall of Famer, Elvin Hayes.
In 1965, Bunny married her college sweetheart, and when Aloysius Greenhouse
became an army procurement officer—overseeing the purchase of supplies and
services—she followed him on postings around the country and in Europe,
teaching high-school and college math as she went. The only time they were
apart was when her husband went to Vietnam,
serving in the infantry—two tours, Silver Star. Eventually, Bunny went into
procurement herself, for both government and industry. In 1997, General Joe
Ballard, the Army Corps's first black chief engineer, brought Greenhouse in as
the Corps's top procurement officer. He wanted her to shatter the cronyism that
had led to bad contracts, and so she did.
At the Corps, as at other government agencies, senior officers often leave
for cushy jobs with the very companies they negotiated with on the government's
behalf. Especially the biggest ones, such as Halliburton and
Parsons. Greenhouse's mission was to be sure some of the pie was saved
for small and minority-owned businesses. That wasn't just policy—it was the
law. Greenhouse had to sign off on every contract valued at more than $10
million. On no less than 50 of the documents she signed, she added clauses and
conditions to make sure the law was upheld. There was grumbling from the start,
and after Ballard, her mentor, left in 2000, she says, underlings started
chopping big contracts into parts worth less than $10 million to try to evade
her scrutiny. She could deal with that. But then came
the war in Iraq,
with its promise of glittering profits. And suddenly everything changed.
"The meeting was in the Pentagon—one of
those really secure rooms," Greenhouse recalls.
The date was February 26, 2003,
three weeks before the Iraq
invasion. The Army Corps's Lieutenant General Carl A. Strock
was there; Greenhouse says he was the one who would lead the campaign to ax her
20 months later. There, too, were representatives from Defense, State, USAID
and others, several dozen in all. A major item on the agenda was deciding which
outside contractor would get the multi-billion-dollar job of putting out the
oil-well fires that Saddam Hussein's troops would presumably set once the
invasion began, and then getting the wells operating again. The project was to
be known as RIO, for Restore Iraqi Oil.
Several U.S.
companies had the know-how. Texas-based GSM Consulting, for one, had done such
work in the wake of the Gulf War. Yet the assumption in the room was that KBR
had the job—an assumption underscored by the extraordinary presence of KBR
representatives at the high-level government meeting. "They came in
late—it was a snow day," Greenhouse recalls. "I was just
flabbergasted."
Greenhouse knew that the previous fall KBR had been paid $1.9 million to
draft a contingency plan for how RIO should unfold. But
that was reason enough not to let KBR do RIO. It was
strict protocol in the procurement business that the contractor who drew up the
contingency plan for a job should not be allowed to bid on the job itself: he'd
know the exact budget and other details that would give him an unfair
advantage. Yet here was KBR sliding into the job without an eyebrow
raised—precisely because, as the participants at the meeting agreed, it was the
only company that met the criteria outlined in its own contingency plan! To
Greenhouse's greater shock, the senior officers and the KBR representatives
around the table spoke of a sole-source, non-compete
contract that could last five years. In the first of many detailed responses to
Vanity Fair, KBR notes that the Government Accountability Office
(G.A.O.) concluded that the RIO contract was
"properly awarded." But the G.A.O. also concluded that the $1.9
million contingency plan on which RIO was based was
improperly awarded.
Worst of all, the contract would be
"cost-plus": KBR would just submit bills for whatever it spent, and
the government would reimburse it, adding fees of between 2 and 7 percent as KBR's profit. It didn't take a genius to see that the more
money KBR spent, the more profit it would make. KBR says that its award fee of
up to 5 percent on RIO is based in large part on its
ability to control costs. But the G.A.O. has concluded that KBR let costs
spiral out of control.
Incensed, Greenhouse went over to whisper in Lieutenant General Strock's ear that the KBR people had to leave the room. The
general complied with her request, but seemed adamant that KBR get the job on
the grounds of "compelling emergency." All Greenhouse could do was
insist that the contract be limited to a year.
The next day, the final contract was submitted to Greenhouse for her
approval. The basic terms—five years, non-compete, cost-plus—remained.
Greenhouse signed—the country was, after all, on the eve of war—but only after
writing, "I caution that extending this sole source effort beyond a one
year period could convey an invalid perception that there is not strong intent
for a limited competition." (In light of the pending investigation into
Greenhouse's charges, the Army Corps declined to comment on any details of her
case.)
To KBR, the contract was potentially worth $7 billion—just the start of its
business from the war in Iraq.
There were signs, though no proof, that Vice President Cheney, or someone in
his office, had played a part in tipping RIO to KBR.
Certainly, his office had been informed of the decision to award the RIO
contingency plan to KBR. Michael Mobbs, a political
appointee who reported to Undersecretary of Defense for Policy Doug Feith, acknowledged to Congressman Waxman's staff that he
had relayed the news that KBR would prepare the RIO plan
to various White House officials in an October 2002 meeting. One of those
officials was I. Lewis "Scooter" Libby, Cheney's chief of staff. (A
Cheney spokesman, Kevin Kellems, subsequently told The
Washington Post that Libby had kept Cheney out of the loop about the
decision to use KBR for the plan.) And Time would unearth an Army Corps
e-mail stating that the contingency plan had been "coordinated" with
the vice president's office. As The Wall Street
Journal reported, Halliburton executives then met
directly with Cheney's staff. KBR, for its part, says the vice president had
nothing to do with any of its Iraq
contracts.
Greenhouse herself saw another dynamic was at work. "I think what this
was all about was that Rumsfeld had made very
negative statements about the Corps," she says. Rumsfeld
saw the Corps as a bunch of geeky engineers, mostly tinkering with public works
in the U.S.
He'd actually raised the idea of sliding the Corps over to the Interior
Department, which oversees all federally owned lands. That was anathema to the
Corps, in name and tradition an integral part of the U.S. Army. So Lieutenant
General Robert B. Flowers, at that time the Corps's chief engineer, made it his
goal to show Rumsfeld what the Corps could do.
"He was pushing everything that he could to get the Corps in the
limelight," Greenhouse says. So eager was he, Greenhouse believes, that Rumsfeld saw Flowers could be used.
Ordinarily, the Department of Defense would have coordinated the RIO
contract. But Rumsfeld, Greenhouse theorizes, wanted
to put some political distance between Defense and a sole-source contract for
KBR that could prove embarrassing, even as it pleased the White House. So the
Corps was willing to be used as the vehicle to push this
through and have Halliburton get the $7 billion contract.
The Corps, Greenhouse thought, would take the heat for giving RIO
to KBR, and in the process play a larger role in Iraq.
With any luck, it would show Rumsfeld it was worthy
of remaining in the U.S. Army. A Defense spokesman calls the theory
far-fetched. "The Secretary of Defense can't do that on
his own. Congress would have to be involved, the president would be
involved, it would be a decision by the
administration."
To everyone's surprise, the Iraqi oil fields
sustained hardly any damage, from either U.S.
bombs or Saddam's troops, in the "shock and awe" invasion of March
2003. So there wasn't much RIO for KBR to do. Gamely,
the company suggested it change its job to handling Iraq's
immediate fuel needs: bringing in truckloads of gasoline from Kuwait
for military and civilians alike. That was fine with the Corps.
The other surprise was that U.S.
troops couldn't just leave the country they'd conquered. They had to stay, and
be housed and fed. That meant a lot more work for KBR, which already had a
lucrative contract for troop support in the Balkans—a type of contract known by
the awkward acronym of LOGCAP—and had persuaded the Corps to draw up a similar
one for Iraq. Marie deYoung, one of the whistle-blowers
who would later cooperate with Congressman Waxman, came to believe soon after
her arrival in Kuwait as a logistics specialist for KBR, in December 2003, that
LOGCAP had an almost built-in potential for chaos, abuse, and graft.
Dark-haired and lively, deYoung
seems far younger than her 50 years, talking a blue streak as she sketches a
life that's taken her from orchestral conducting to social work for the U.S.
Army to the seminary and back to the army again, with time out to write or
co-write two books (This Woman's Army and Women in Combat) and be
a television and radio commentator on social issues in the military. Thorough
and seemingly tireless, she promises to follow up on a first interview by
sending documents by e-mail. By day's end, she's sent 24 e-mails, with
documents attached to each one.
DeYoung hadn't intended to go to Kuwait
at all. She had signed on for Kosovo, where KBR needed lots of procurement
help, too. There for three months, she got an up-close look at KBR's model in action. This was the way the new, outsourced
army was supposed to work. In the aftermath of ethnic cleansing, when order had
been restored to the Balkans, KBR had won its first LOGCAP contract: it would
supply everything that occupying U.S.
forces needed, from tents and mess halls to swimming pools and generators. The
federal government would be trimmed, private industry would profit, soldiers would be snappily serviced. The original architect
of this plan was Dick Cheney, then assistant secretary of defense under President
George H. W. Bush. LOGCAP was a huge boon to KBR and its parent, Halliburton.
Just four years later, Cheney was Halliburton's C.E.O.
In Kosovo, deYoung saw, the plan had worked—up to
a point. KBR had fixed war-torn cities in record time. It had employed local
vendors, who acquired new expertise. To newcomers, KBR liked to show a
documentary of the work it had done in the Balkans. It made for stirring
footage, especially with the theme song of its booming soundtrack, "We
Built This City (on Rock and Roll)," by the 80s schlock-rock group
Starship.
DeYoung did notice something curious about this
Utopian model. Army commanders came and went every six months or so. What they
wanted was some project they could point to as the pride of their time: a new
swimming pool for the troops, or heated tents. KBR could do that for them. So
most commanders happily signed off on the sort of expensive projects that Bunny
Greenhouse would come to call "gold-plated"—projects that KBR could
cost-plus-bill to the U.S.
government. In any event commanders would be gone soon enough; KBR's employees were the ones who remained. So, as deYoung observes, "who's in
control?"
This was the model that got KBR the big contracts in Iraq.
But hiring a bunch of local Arab vendors in the midst of a war that kept
metastasizing wasn't as easy as building a city on rock 'n' roll.
DeYoung, who earned $8,800 a month "for a
90-hour work week," flew to Kuwait
on December 14, 2003—the
day that Saddam Hussein's capture was announced. She was sent immediately to Camp
Udairi, a
U.S. military
base near the Iraq
border, to update 27 KBR subcontracts for work being done at the camp. Her
first surprise was that most of the contracts had nothing to do with servicing U.S.
troops. They were all about servicing KBR. "Building houses for itself,
building separate gyms and rec centers from what the
army had … " (KBR says that all its work in Kuwait
and Iraq is
done at the direction of the U.S. Army.) DeYoung
found the 27 subcontracts in chaos—goods unaccounted for, invoices paid without
documentation—because the KBR staffers who'd drawn them up were incompetent,
she felt. Most had no bookkeeping skills and were there because of family
connections.
By late February, deYoung had begun working in KBR's LOGCAP office at the elegant Persian Gulf–front Khalifa resort, just outside Kuwait
City. There she oversaw a much
larger pile of 519 KBR subcontracts that appeared to her to be in no better
shape than the ones for Camp Udairi. (A company
spokesperson observes that KBR had gone from supporting 25,000 troops at 7 base
camps to 211,000 U.S.
and coalition troops at more than 60 camps on very little notice, an
extraordinary challenge.)
It was at the LOGCAP office that deYoung saw how well KBR managers in Kuwait
were living. They stayed in expensive waterfront hotels in Kuwait
City and its environs at more than
$100 a night per room. They availed themselves of hotel laundry service, even
while KBR was paying outrageous prices to a subcontractor for laundry. And when
they left their hotels, they didn't carpool or take buses. They'd requisitioned
expensive-brand S.U.V.'s for themselves.
DeYoung did some number crunching and came up with
the figure of $73 million a year. That, she concluded, was what KBR was
spending for its top managers in Kuwait
City to live so well. More
accurately, that was what U.S.
taxpayers were paying—not including the extra 2-to-3-percent profit that came
with the cost-plus system. (KBR says only a few managers are in off-base
housing and that those in hotel rooms are routinely doubled up. DeYoung says the only people who stayed two to a room were
men with girlfriends, "often the lesser paid Balkans girls.")
What were the KBR managers actually doing there? Not overseeing construction
projects, or kicking the tires of convoy trucks they'd brought in to supply the
troops, or looking at blueprints for new army bases in Iraq.
According to deYoung, they weren't doing any of that.
They were sitting in their hotel rooms, or out on their waterfront balconies,
giving the nod to subcontractors to do all the work. (KBR says it "self
performs" some jobs and subcontracts others.) Once a subcontractor was
hired, the KBR team had no idea whether goods or services were delivered, deYoung asserts. The team just paid whatever invoices the
subcontractors submitted, and hoped for the best. (KBR calls this a
"ridiculous claim" and says that all goods and services must be
verified before invoices are paid. DeYoung says
that's simply not true, and e-mails a blizzard of documents from her time in Kuwait
to support her case.)
Back in Washington, Congressman Waxman had been
raising a stir about KBR's runaway costs in Iraq, so
by the time deYoung reached the LOGCAP office a
"tiger team" of senior KBR managers had flown over from Houston to
Kuwait City for an intense examination of how the company was managing the job.
The tiger team, deYoung recalls, had an odd way of
pursuing the problems.
Instead of demanding accountability from all the local vendors to whom KBR
had doled out contracts, the "old men," as deYoung
puts it, sat by the pool, not at their desks. "Their objective was not to
set up clean accounts or justify costs," deYoung
explains. "Their No. 1 objective was to close the books because they were
operating under the assumption that if the books were closed they wouldn't be
subject to auditing." In that, they may have been right: when teams of
Defense auditors finally reached Kuwait,
in the winter of 2004, to start questioning contracts, they focused only on the
open, ongoing ones. DeYoung says the closed ones were
ignored. KBR says that government auditors audit contracts whether they're open
or not.
The tiger team was a "social gang," deYoung
says, and "insiders were rewarded with fancy digs … and promises of
promotion." To stay in the gang, you had to play the game—seeing that
contracts were awarded to the favored contractors. Proper contracting called
for competitive bidding. But according to deYoung
that's not the way the gang did it. "Typically, the high-ranking guy would
go to a young, inexperienced person and use him to award this contract to the
subcontractor of choice," deYoung explains.
"If the young person refused, he'd be threatened: 'You have 24 hours to
make a decision.' If he was adamant, he'd either be sent home or to Iraq.
Which was to say they'd put his life in danger." In the subcontracts
department, deYoung adds, KBR went through 12
managers in one year. "When you got too close to what was going on, you
got moved." KBR denies this, saying any turnover was likely due to the
demands associated with working long hours in a war zone.
What was going on?
"The subcontractor would come in with bills for four or five times the
expected cost," deYoung explains, "which had to do with under-the-table payments."
In November 2004 the Pentagon would launch an
investigation into allegations that two Halliburton employees in Kuwait
had accepted bribes from third-party contractors, and the company would
announce it had terminated its relationship with the subcontractors in
question. A company spokeswoman, Wendy Hall, would say, "We are doing
everything we can to make sure this particular scenario doesn't happen
again." But deYoung says that that might be
hard, given that a tone was set from the top. KBR chairman Jack Stanley was
forced to leave the company in June 2004 for what Halliburton vaguely termed
violations of business conduct. He is said to have received "improper
personal benefits" involving a Swiss bank account which French
investigators say contained $5 million in bribes for KBR contracts in Nigeria.
Both the U.S. Justice Department and the Securities and Exchange Commission
have launched formal investigations.
To deYoung these incidents seemed all too typical.
She never saw money change hands. But her bosses' reaction to questions she
brought up about the 519 subcontracts she was assigned left her deeply
suspicious. "When I said this work was not done or there's missing
equipment, I was told that was too much information," deYoung
says. "They really just wanted enough information so they could bill the U.S.
government." She adds, "It makes no sense that people who were
presiding over this … were not willing to fix the problems. And these inflated
costs! Any normal manager would want to keep costs down, not inflate
them." KBR says deYoung was a clerical assistant
with no oversight responsibility, but deYoung has
scores of e-mails proving she did in fact vet subcontracts to confirm that work
had been properly billed.
One of the most blatant examples of misspending deYoung says she found involved a Kuwaiti company called La
Nouvelle.
The 519 subcontracts dumped in deYoung's lap added
up to $l.8 billion. La Nouvelle's contracts accounted for $400 million of that
and dealt with everything from construction equipment to transportation to
dining facilities. But what was La Nouvelle?
Its two principal managers, Ali Hijazi and Ahmed
Al Homoud, describe it as a Kuwaiti-registered
company, started in 1997, that provided supplies to U.S.
armed forces and oil-field operations. But to deYoung
it seemed defined much more by its third focus, interior design, and by Al Homoud's American-born wife, Wendy Stafford, who often
represented it.
La Nouvelle had no trucks of its own, or warehouses, or dining facilities.
It merely hired local subcontractors and took a middleman fee. But it did know
how to do that, and goods did get delivered—at prices that seemed to yield very
healthy profits. DeYoung recalls Stafford
in elegant, tight clothes, with expensively teased hair and "lots of
jewelry—diamonds, diamonds, diamonds."
One of the La Nouvelle contracts that caught deYoung's
eye was for laundry—laundry, that is, for all contractors and military at a
nearby base. The bill, she says, "went from $62,000 a month to $l.2
million a month—over about 60 days!" Given the number of people whose
laundry was being done, deYoung figured that on
average a 15-pound bag was costing $108. At the same time, KBR was paying $28 a
bag under a different contract at another site—to La Nouvelle!
"When they chose to cut a clean contract, they were quite capable of
doing that," deYoung says. "And when they
chose to make a contract messy, they could do that too." (La Nouvelle
spokeswoman Jennifer Thomas replies that deYoung's
$108 estimate is incorrect, and that La Nouvelle is unaware of the other
contract to which deYoung refers.)
On March 16, 2004, deYoung met La Nouvelle's troika of top personnel for the
first time—Stafford, Al Homoud,
and Hijazi—and asked the group for documentation on
the expensive laundry contract. Stafford and the others
said there wasn't any. (In retrospect, La Nouvelle says, they don't know what
documentation deYoung was referring to, nor does
their subcontractor.) DeYoung says she'd already
found the paperwork herself, and it had taken her about a minute on a
calculator to conclude that KBR and La Nouvelle together were overcharging on
the laundry by about $1 million a month. By her estimate, the monthly bill
should have been $200,000, not $l.2 million. When deYoung
showed her documents to Hijazi, he e-mailed a
powerful ally for help: a KBR vice president who wasn't in procurement, deYoung says, and should have had no say over the contract.
But the V.P. was a top KBR manager in Kuwait.
"Within 24 hours, I was told I was off the La Nouvelle account."
Last June, Halliburton spokeswoman Wendy Hall declared to the Houston
Chronicle that the company's own auditing system had raised concerns about
La Nouvelle, and that La Nouvelle as a result had been "removed from
consideration for future work." La Nouvelle, on the other hand, claimed it
was owed hundreds of millions of dollars by KBR. On October 15, 2004, La Nouvelle filed suit in a Virginia
federal court, seeking at least $224 million in compensation and other damages.
In May 2004, deYoung came home. She'd seen a lot,
and felt she'd had enough. Her one regret was that she
hadn't gotten into Iraq;
as a former soldier, she'd desperately wanted to do that. And so she didn't see
what it was like to work for KBR on the ground in Iraq,
day after day.
But James Warren and David Wilson did.
Warren and Wilson were two of the hundreds of
truckers who signed on for Iraq
duty with KBR in the fall of 2003. Patriotism was one draw, adventure another.
And the money wasn't bad: with premiums for working in Iraq,
combat duty in a convoy, and overtime, a driver could earn about $8,000 a
month. Like their fellow civilian recruits, they started in Houston
with a three-week orientation. For Warren, 48, a Nebraska-born ex–navy man who
drives his own rig, the doubts began there.
"Things didn't seem right to me from the first day in Houston,"
Warren recalls, speaking to Vanity Fair by cell phone from his truck on
an all-night drive through half a dozen southwestern states. "The
amount of money being spent on these drivers, recruiting them! Every job
I've ever had, I stayed at a Motel 6 or Days Inn. These were $200-a-night
hotels. And they didn't even put two people in a room with two beds." His
KBR recruiter kept saying, "We're spending about $10,000 on each of you in
orientation." Warren says,
"So taxpayers were paying hundreds of thousands of dollars before KBR even
found out if I was a felon or not."
The honeymoon ended in Iraq,
when Warren and some of the other recruits were shuttled to the U.S.
military base known as Camp Cedar,
south of Baghdad. Now they were put
in big tents, with 50 to 60 people to a tent. And yet, for KBR's
managers, Warren noted, the perks
kept on coming.
"My first day at Camp Cedar,
I noticed flatbed trucks were bringing brand-new S.U.V.'s,
like Toyota Land Cruisers, Hummers, 4Runners—some of the most expensive S.U.V.'s that money can buy. I saw hundreds of them going
to Iraq."
The S.U.V.'s weren't hauling anything, Warren
says. They were just for KBR personnel to ride in from base to base. They had
power windows and CD players. "You don't have CD players in a car in
wartime," Warren says
wonderingly. On such delicate vehicles, desert conditions were brutal.
"Within 90 days," he says, "they were completely trashed."
Warren's job was to haul
supplies on an almost daily basis from Camp
Cedar north to Baghdad
to Camp Anaconda—a
distance of about 300 very dangerous miles. He realized pretty quickly that the
KBR people in charge of loading up the convoys had no experience in trucking.
"A majority of the goods we transported were transported the wrong
way," Warren explains.
"You can't haul paper towels and napkins on a flatbed when it's raining
and there's no tarp. We lost millions of dollars of goods that scattered on the
roads. Pants, boots, shirts, water.… And we couldn't stop to pick that stuff
up. We told KBR time and again, You can't haul this
stuff on a flatbed—you need it in a container. But they never did change. And
what happens is, when you start losing things that way, you attract Iraqis. We
had people following convoys so they could pick up stuff that fell off the
truck."
A lot of Iraqis, unfortunately, were more aggressive than that.
David Wilson, 50, a Florida-based trucker who'd served in the U.S. Coast
Guard, became head of the convoy in which Warren
was driving. Wilson was a natural
leader the others came to trust. But he could hardly control what the Iraqis
felt—or did. "The Iraqis love to throw rocks—stoning is still a big thing
over there," Wilson says
wryly. They'd try to slow the trucks down, then jump
on the trailers.
Wilson expected "the danger
part," as he puts it. But from the start, he says, KBR made a bad
situation much, much worse by doing nothing to maintain the trucks. "These
trucks were going through severe duty," Wilson
says. "When we started requesting maintenance and couldn't get it, I knew
that would be a problem." One day, Wilson's
truck simply shut down and stopped on the road. Its fuel filter, a $7 part, was
clogged. Fortunately, Wilson was
just outside the gates of a military camp when it happened. "If that had
happened a mile from where it did, there's a very good chance you and I
wouldn't be having this conversation," Wilson
says. "Over a $7 fuel filter." (KBR says its
truck maintenance from the start was "adequate," and that it has
since improved.)
By late December 2003, trucks in the convoy began breaking down. There were
a few extra trucks, but those began breaking down, too. The KBR managers told
Wilson and his posse to fix the ones they had as best they could and keep on driving
them. Wilson and Warren did that until one day in March 2004, when, to their
astonishment, both were fired.
That July, at the congressional hearing where
both Wilson and Warren testified, a KBR supervisor said the truckers were fired
for running Iraqi-driven cars off the road with their trucks. "I did do
this," Warren says. "But
Halliburton management had told us to do it!" Wilson
agrees. "We were told when we went to Kuwait
that we were to do whatever we could to protect the integrity of the convoy. Even if it meant running people off the road." A KBR
project manager for transportation later testified that the army, which made
all decisions about KBR convoy security, "does not direct KBR drivers to
run civilian vehicles off the road."
Both Warren and Wilson had become whistle-blowers after a staffer for
Congressman Waxman saw them quoted in an Associated Press story about convoys
in Iraq and got
in touch with them. Warren says he
came forward without hesitation. "I just felt the taxpayers should be aware
of the money being spent on this operation, and how much was being
wasted."
Wilson says he testified for the
same reason, though at the House Government Reform Committee hearings Chairman
Tom Davis, of Virginia, and other Republicans regarded the truckers with
withering skepticism. They showed no more respect for Marie deYoung,
who had come home with stacks of incriminating e-mails and decided to contact
Waxman's office on her own. "The accusations leveled by the
whistle-blowers against KBR," declared Chairman Davis in his opening
statement, "both in their written testimony and through personal
interviews, are either in some cases, flat-out wrong or minor or a naïve or
myopic view of contracting in a wartime environment."
Yet, as Waxman observed in his own opening statement, the whistle-blowers'
testimony squared with reports from three government organizations: the Defense
Contract Audit Agency (D.C.A.A.), the Iraq Coalition Provisional Authority's
Office of the Inspector General, and the U.S. G.A.O. "All three audit
agencies," Waxman declared, "have told us Halliburton is wasting our
money."
After the whistle-blowers testified, Alfred Neffgen,
KBR's chief operating officer for government
operations for the Americas,
appeared before the committee to answer their charges. He acknowledged mistakes
had been made. But, he said, the war made everything very difficult.
"Under these conditions, no one should expect the assembling and
complicated logistics would be the epitome of pristine precision."
Bunny Greenhouse did not testify that day before
Congress: she hadn't become a whistle-blower yet. Instead, she was still trying
to make KBR accountable from the inside, by doing her job and questioning
contracts. But she says she was encountering more and more resistance from her
colleagues at the U.S. Army Corps of Engineers. Since December 19, 2003, in fact, the climate in the
office had turned arctic. That was the day the battle over KBR's
fuel-price gouging in Iraq
came to a head.
In the invasion's aftermath, KBR had begun importing fuel into Iraq
from Kuwait as
part of its revised charter for the $7 billion RIO
contract. To do so, it had hired an obscure Kuwaiti subcontractor called the Altanmia Commercial Marketing Company, which had no
experience in fuel procurement or transportation. An e-mail that turned up
later from the U.S. Embassy in Kuwait
would refer to the Altanmia arrangement as a
"sop" to the U.S.
government.
Altanmia had delivered the gasoline—but at an
average price of $2.65 per gallon. That was well over twice the rate that Iraq's
State Oil Marketing Organization (SOMO) was paying—an average of 97 cents a
gallon—for gasoline imported from the same Middle Eastern countries that Altanmia had tapped. (KBR's Neffgen would testify that only northern Iraq
could get cheaper fuel, from Turkey,
but Waxman's investigators would determine that SOMO supplied southern Iraq
as well, at less than $1 a gallon.) KBR was paying Altanmia's
invoices without complaint, while it was getting reimbursed by the U.S.
government—at cost-plus. By the end of September 2003, the D.C.A.A. (the
Defense Department's own auditing office) would conclude, KBR had paid as much
as $61 million more than it should have—and passed those costs on to U.S.
taxpayers. (KBR says the army ordered it to buy gas from Kuwait,
and that Altanmia had the lowest price. But Waxman's
investigators say the bidding was done by phone, in a single day, and that
industry leaders were not invited to participate.)
Why had KBR paid so much for gasoline? An e-mail located by Waxman's office
reported an August 2003 meeting between Altanmia and
U.S. Embassy officials in which an Altanmia official
complained bitterly that it was "common knowledge" that KBR managers
solicited bribes, "that anyone visiting their seaside villas at the
Kuwaiti [sic] Hilton who offers to provide services will be asked for a
bribe." According to this version, Altanmia
officials would pay generous bribes to KBR to keep the gas contract going, then get their money back by jacking up the price per
gallon. KBR could then just invoice the U.S.
government at $2.65 per gallon and get reimbursed at cost-plus. (KBR says any
implication that its managers were extorting kickbacks from Altanmia
is "an absolutely unfounded lie.")
Yet other e-mails suggested the U.S. Embassy, not KBR, had played a leading
role. On December 2, 2003, after Halliburton and the Army Corps actually
proposed using other, less expensive suppliers for fuel in view of the pressure
that the Pentagon and various lawmakers were bringing to bear, then U.S.
ambassador to Kuwait Richard Jones sent an e-mail to an unidentified U.S.
official saying, "Tell KBR to get off their butts and conclude deals with
Kuwait NOW! Tell them we want a deal done with al-Tanmia
[sic] within 24 hours and don't take any excuses. If Amb.
Bremer hears that KBR is still dragging its feet, he will be livid." Jones
was also Bremer's right-hand man at the Coalition Provisional Authority, the U.S.
interim government of Iraq.
An embassy spokesman released a statement at the time saying the embassy had
played no part in the selection of Altanmia and had
not pressured the Army Corps in any way.
By mid-December 2003, KBR was under intense pressure from the D.C.A.A. to
document how and why it had signed on with Altanmia
for fuel at $2.65 a gallon. That's when it turned to the Army Corps of
Engineers for help.
As the contracting agency, the Corps had the
unique power to decide it didn't want to see KBR's
paperwork, and to waive KBR's obligation to show that
paperwork to anyone else. Why would the Corps want to do that? To this day,
Bunny Greenhouse isn't sure. All she knows is that on December 19, 2003, her colleagues approved the
waiver behind her back.
By then, the Corps had assigned her a new deputy. Not a civilian deputy; a
military one. "Because they can control the military," Greenhouse
explains, referring to her superiors. "They can't control civilians like
that, because civilians are going to say, 'I can go to jail.'"
Greenhouse says that her new deputy, Lieutenant Colonel Albert A. J. Castaldo, was "promised … all sorts of things if he
would come in and disrupt my office and get Bunny Greenhouse out of this
job." In this, she says, he was encouraged by the chief of engineers at
that time, Lieutenant General Robert B. Flowers, who had advised his staff to
take decisions into their own hands when necessary. Flowers went so far as to
have a "Just Do It" card printed up and handed out. In an internal
memo that Castaldo later sent to one of his superiors,
he acknowledged what his command group had said "Just Do It" meant.
"It was discussed, well known, and even expected by the USACE Command
Group that I would have to take adverse positions against Ms. Greenhouse's
desires in order to protect the command and accomplish certain actions for the
best of the command mission. It was fully understood that I would have to
exercise the 'Just Do It' card to accomplish my mission for the command."
For weeks, Greenhouse says, Castaldo hung around
her administrative assistant's desk, craning for glimpses of Greenhouse's
appointment book so he could tip his superiors to any time she'd be away from
the office. On December 18, 2003,
Greenhouse sent a slip saying she was sick with bronchitis and would be home
the next day.
On the 19th, the KBR waiver was drawn up in the Corps's Dallas
office—a necessary first step because that office was assigned to oversee the RIO
contract. Contracting Officer Gordon A. Sumner signed it. (Sumner declined to
speak with Vanity Fair in view of Greenhouse's legal dispute with the
Corps, and a Corps spokesman made clear that no other Corps officers could
cooperate either.) It was then flown up—that day—to Washington
to be signed by Lieutenant General Flowers. Ordinarily, the waiver would have
been logged into the Corps's computer system and given a tracking number. But
it wasn't. That way, Greenhouse's assistant couldn't detect its lightning
passage through government channels and notify Greenhouse at home. Greenhouse
says that no mention of the waiver was made to her by Flowers or anyone else
upon her return to the office, so she didn't find out that it had been granted
until early January, when it made the news.
As a result of the Corps's secretly granted waiver, the Pentagon
investigation into KBR's fuel surcharges ground to a
halt.
The Corps couldn't fire Greenhouse directly;
senior Corps officials are unfireable. But she could
be demoted, if her colleagues laid the groundwork carefully enough. By the fall
of 2004 they'd done just that. And when Greenhouse ignored warnings not to
block the next no-bid KBR contract with her spidery script, they got her at
last.
Since 1999, KBR had earned nearly $2 billion in the Balkans as the
sole-source supplier of housing, food, and other needs for U.S.
troops stationed there. As the contract's term had wound down, the Corps had
made a halfhearted attempt to let other companies bid on the job. Greenhouse
was all for that: in a candid report, she'd concluded the contractor was
"out of control," manipulating military command changes to push
through ever more expensive items. But in July the bidding process was
inexplicably curtailed; to this day, Greenhouse says, she has no idea why that
was done. Instead, Lieutenant General Strock, the new
chief of engineers, decreed that KBR should be granted a $75 million extension
of the job until April 2005.
Greenhouse objected. She pointed out that the rationale for granting the
extension—"compelling urgency"—would never hold up to scrutiny when
the army had had five years to bring in other bidders. Apparently Strock realized she was right. On the contract's final
version, in early October, KBR was deemed the "one and only one
source" that could do the job even though the Corps had just spent months
entertaining other bids. Once again, Greenhouse objected, in a strongly worded
e-mail to Strock.
Apparently, that e-mail was the last straw. The next day, she was demoted.
In the letter explaining this action, Strock
informed Greenhouse her two most recent performance ratings had been "less
than fully successful." Greenhouse believes this was the groundwork the
Corps had to establish in order to get her out of the way. Performance ratings
are issued annually, and two negative ones are necessary for punitive action to
be taken. Greenhouse's colleagues had waited two years for that, and acted as
soon as it happened.
The two recent annual reviews dramatically contradicted Greenhouse's earlier
ones, copies of which her lawyer, Michael Kohn, showed to Vanity Fair.
For her first year—October 1997 until October 1998—Greenhouse was described as
"absolutely committed … totally loyal." She "has no equal when
it comes to technical issues," the report said. On a rating basis from one
to five, with one being the highest grade, Greenhouse was given a two that
first year. On each of her next two annual reviews, she earned a one, with many
more glowing remarks. Yet on the review signed by Lieutenant General Flowers on
July 15, 2003, Greenhouse
was accorded a four. And on the one that ended September 30, 2004, she got a five.
Kohn is hoping to be heard by the Corps's Equal Employment Opportunity
Office (E.E.O.), on the grounds that Greenhouse has a "mixed case"
involving not only bureaucratic inequity but racial and gender prejudice.
"The fact is that a black female had so much power in the institution,
more than the Corps's good old boys' network ever envisioned, because the Corps
is essentially a contracting organization, so the commanders should really be
taking a backseat to professional contractors. But they had found a way around
that, and Bunny was standing in their way." The E.E.O. review could lead
to a jury trial, which is what Greenhouse wants. Who will pay her legal bills
is another question. "We hope to start a defense fund," Kohn says.
"And some of this may have to be pro bono and contingency."
To the Corps's top brass and their cronies at
KBR, Greenhouse may not be the irritant she was, but other government
bureaucrats are asking them pointed questions, too. Last year, a Pentagon audit
found that KBR could not document more than $l.8 billion worth of work done
under its LOGCAP contract in Iraq.
At first the army considered withholding payments, but the prospect of bitter
court battles led it to try to negotiate a settlement. Ordinarily, a contractor
would be asked to come up with documentation for its claim—to date, Halliburton
has charged the government $9.5 billion for LOGCAP work in Iraq.
The government would then respond with its own documentation, and the two
parties would reach a compromise figure. Not here: strangely, an outside
auditor was hired to help decide what Halliburton would be owed if it could
come up with the paperwork—and the government would then pay that amount.
Whatever the final number, hundreds of millions of dollars will simply go
unaccounted for—the waste of war, or the spoils of war, depending on how one
looks at it. An army spokesman says the settlement will be reached this month.
Meanwhile, in early February the army announced that it would not withhold any
percentage of future payments to Halliburton—a precedent-setting waiver.
After all this, the lucrative LOGCAP contract for troop support in Iraq
may be put out for competitive bid at last. But that's not to say that if that happens KBR won't win it back. Last year, when the RIO
contract was finally put out for bid—as Greenhouse had called for it to be from
the start—six companies vied for the new prize of $2 billion to repair Iraqi
oil fields. KBR bid to fix the fields in the South—the larger chunk of the
contract, valued at up to $l.2 billion—and won. Parsons won the balance,
$800,000, to fix those up North. This new work is in addition to KBR's first RIO contract, under
which $2.51 billion of its potential $7 billion was actually spent before the
contract was yanked. It is also not included in the current overall figure of
$12 billion for Halliburton in Iraq.
(That total consists of the $2.51 billion plus $9.5 billion in LOGCAP
troop-support work.) So, adding the new $1.2 billion RIO
contract along with future spending under LOGCAP will push the total billions
higher.
Just how much Halliburton has profited from these huge Iraq
contracts is a matter of some debate. David Lesar,
Halliburton's C.E.O., told analysts last fall that Halliburton's Iraq
contracts have yielded $1.4 billion, with a profit of merely $4 million after
taxes and expenses. KBR, which handled most of those, actually incurred an
operating loss in 2003 of $36 million on revenues of $9.3 billion, even as the
rest of Halliburton increased operating profits by about $200 million to $826
million. If the company bids for more Iraq
contracts, Lesar groused, it will probably "jack
the margins up significantly."
But there's another way to look at KBR's work in Iraq.
Without it, the company would be in truly bad shape. In fact, the Iraq work
accounts for nearly all of KBR's growth at a time
when it has staggered under $4.2 billion in asbestos claims—thanks in large
part to Halliburton's former C.E.O. Dick Cheney.
Back in 1998, Cheney decided to merge Halliburton with Dresser Industries, a
Texas-based energy company. Unfortunately, he failed to do his homework on
Dresser: a mountain of lawsuits over asbestos-contamination claims were about
to be filed against it. KBR, formed from the merger, bore the brunt of those. By
late 2003, Dresser was forced into bankruptcy and began organizing a
court-ordered settlement plan. KBR incurred huge liabilities—handily offset by
those contracts in Iraq.
Now that painful ordeal is over: in December a federal
judge approved Dresser's $4.2 billion asbestos settlement. That means
the company can come out of bankruptcy, and analysts seem to agree on what will
happen, as a result, in the next months.
Halliburton will sell KBR.
As for learning the real extent of malfeasance in Iraq,
that may never happen. The Republican majority in both houses of Congress seems
disinclined to hold more hearings—or to exercise the subpoena power that only
the majority wields. All the Democrats can do is shake
their fists.
"If the administration shares our concern about not wasting taxpayers'
money, you would think they would want to learn from the auditors and
whistle-blowers what has gone wrong," Congressman Waxman says. Instead,
the government has ignored its own auditors—both at the Pentagon and at the
G.A.O.—who found glaring irregularities in KBR's
books on Iraq.
"Why has the administration turned away?" Waxman says. "I don't
know as I have an answer to that question."
Michael Shnayerson is a Vanity Fair contributing
editor. He is currently at work on a book about mountaintop coal removal in West
Virginia, to be published by Farrar, Straus
and Giroux.
Illustrations by TIM SHEAFFER