JAG CENTRAL

Army General Bryan D. Brown, Commander, U.S. Special Operations Command, Reportedly Under Investigation in Bribery Inquiry (U.S. Army)

From the NY Times, Bribe Inquiry Looks at Sale of Field Gear to Military:

The investigations, unfolding on several fronts, are examining the hiring of a former Special Operations Command official by a military contractor as well as financial contributions by military contractors to a nonprofit organization that ran social events for the special forces.

A statement issued yesterday by the command, located at MacDill Air Force Base in Tampa, Fla., said that the Pentagon's inspector general was examining the accusations. Among those under investigation is Gen. Bryan D. Brown, known as Doug, who heads the command.

Yesterday's statement comes after a plea agreement involving a civilian procurement official at the command, who pleaded guilty in federal court this month to having accepted bribes. The official, William E. Burke, 50, admitted to accepting payments from an individual who represented military contractors seeking to equip these commandos.

The special forces command is also investigating all of the contracts handled by Mr. Burke since 1999 to see whether special forces troops received inferior equipment as a result of the kickbacks. At least one other indictment is expected. The other person who represented the contractors has not been publicly identified.

ANALYSIS: Bribery is punishable under the UCMJ, Article 134, as an enumerated offense under the catch-all article. The maximum punishment is five years confinement, dismissal, and forfeiture of all pay. Civilians would be held criminally liable under 18 USC 201. In addition, the Joint Ethics Regulation (DOD 5500.7-R) prohibits many actions that give the appearance of quid pro quo in government contracting. This investigation is likely to get very deep. Special Operations budgets operate under different rules than the rest of the military. SPECOPS contractors don't have to follow the same rules as everyone else because they have to bring cutting edge products to the soldier in blazing-fast time. Therefore, new products can be bought simply because it's the best available, instead of being the lowest bidder. While this ensures that our elite warriors have the best equipment, it also provides ample opportunity for fraud, waste and abuse.

From the Washington Post, House Approves Plan to Close Bases:

The House voted overwhelmingly Thursday to allow the first round of U.S. military base closures and consolidations in a decade, clearing the way for facilities across the country to start shutting their doors as early as next month.

In a 324 to 85 vote, the House refused to veto the final report of the 2005 base-closing commission, meaning the report seems all but certain to become law in mid-November. Targeted facilities then would have six years to close and shift forces as required in the report.

The House and Senate must pass resolutions rejecting the report to stop the Pentagon's sweeping restructuring of its far-flung domestic base network. But, as expected, the House effort by Rep. Ray LaHood (R-Ill.) failed. And there is no similar attempt underway in the Senate.

Categories: Bribery, Standards+of+Conduct, Special+Operations, Fiscal+Law, BRAC, Newspapers