More than 428 private contractors have been killed to date in Iraq, and US taxpayers are footing almost the entire compensation bill to their families. "This is a precedent-setting case," says Marc Miles, an attorney for the families. "Just like with tobacco litigation or gun litigation, once they lose that first case, they'd be fearful there would be other lawsuits to follow."
The families' two-year quest to hold those responsible accountable has taken them not to Falluja but to the sprawling Blackwater compound in North Carolina. As they tell it, after demanding answers about how the men ended up dead in Falluja that day and being stonewalled at every turn, they decided to conduct their own investigation. "Blackwater sent my son and the other three into Falluja knowing that there was a very good possibility this could happen," says Katy Helvenston, the mother of 38-year-old Scott Helvenston, whose charred body was hung from the Falluja bridge. "Iraqis physically did it, and it doesn't get any more horrible than what they did to my son, does it? But I hold Blackwater responsible one thousand percent."
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According to former Blackwater officials, Blackwater, Regency and ESS were engaged in a classic war-profiteering scheme. Blackwater was paying its men $600 a day but billing Regency $815, according to the Raleigh News and Observer. "In addition," the paper reports, "Blackwater billed Regency separately for all its overhead and costs in Iraq." Regency would then bill ESS an unknown amount for these services. Kathy Potter told the News and Observer that Regency would "quote ESS a price, say $1,500 per man per day, and then tell Blackwater that it had quoted ESS $1,200." ESS then contracted with Halliburton subsidiary KBR, which in turn billed the government an unknown amount of money for the same security services, according to the paper. KBR/Halliburton refuses to discuss the matter and will not confirm any relationship with ESS.
All this was shady enough--but the real danger for Helvenston and the others lay in Blackwater's decision to cut corners to make even more money. The original contract between Blackwater/Regency and ESS, obtained by The Nation, recognized that "the current threat in the Iraqi theater of operations" would remain "consistent and dangerous," and called for a minimum of three men in each vehicle on security missions "with a minimum of two armored vehicles to support ESS movements."
But on March 12, 2004, Blackwater and Regency signed a subcontract, which specified security provisions identical to the original except for one word: "armored." Blackwater deleted it from the contract.
"When they took that word 'armored' out, Blackwater was able to save $1.5 million in not buying armored vehicles, which they could then put in their pocket," says attorney Miles. "These men were told that they'd be operating in armored vehicles. Had they been, I sincerely believe that they'd be alive today. They were killed by insurgents literally walking up and shooting them with small-arms fire. This was not a roadside bomb, it was not any other explosive device. It was merely small-arms fire, which could have been repelled by armored vehicles."
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