Sunlight Foundation

The Pentagon's Big Contractors Lobby Big and Get in Big Trouble

Recently, the Pentagon released the list of its top 10 contractors for 2010, all which spent significant amounts of money lobbying Congress and contributing large sums to federal campaigns last year and in 2009.

Boeing—while only the second biggest contractor in terms of money received—spent the most money lobbying Congress between 2009 and 2010 at almost $35 million, according to the Sunlight Foundation’s Influence Explorer.

Northrop Grumman was second, spending $30 million.

The biggest contractor, Lockheed Martin, came in third for those same years spending $26 million lobbying.

Corporation 2009-2010 Contributions 2009-2010 Lobbying money Total contractor misconduct cases Number of contractor misconduct cases that were defense contracts
LOCKHEED MARTIN CORPORATION $2,674,654 $25,950,000 67 25
THE BOEING COMPANY $3,082,455 $34,746,000 47 20
NORTHROP GRUMMAN CORPORATION $1,836,746 $30,920,000 33 17
GENERAL DYNAMICS CORPORATION $1,457,799 $21,003,664 15 4
RAYTHEON COMPANY $2,196,725 $14,100,000 22 13
OSHKOSH CORPORATION $283,855 $2,140,000 0 0
L-3 COMMUNICATIONS HOLDINGS INC. $557,282 $9,900,000 11 7
UNITED TECHNOLOGIES CORPORATION $1,261,335 $22,630,000 16 6
BAE SYSTEMS PLC $922,785 $9,377,000 8 1
SAIC INC. $943,550 $6,390,000 11 5
TOTAL $15,217,186 $177,156,664
 

Also noteworthy is the number of misconduct cases filed against each contractor, which usually results in fines to be paid by the contractor. All of the top ten names listed except OshKosh, as reported by the Project on Government Oversight, have had multiple cases filed against them with at least some violations incurred while working as contractors for the Department of Defense.

For instance, Science Applications International Corporation (SAIC) has five cases of misconduct as a Defense contractor, but has 11 cases total on record dating back to 1995, also according to data made available by Influence Explorer. For the five cases where SAIC was a Defense contractor, the company paid out $6.6 million.

Crowdsourcing a Legislative Oops

Rep. Alan Grayson is taking advantage of a legislative misfire by overzealous lawmakers. And he's asking anyone out there to help him.

Last week, the House approved a motion to recommit to a student loan bill that banned funding to the community organization ACORN after employees of the group were videotaped offering advice to two people posing as a pimp and a prostitute on how to file fraudulent tax forms. Unfortunately for those seeking to target ACORN, there is no way to single out one organization from receiving federal funds. Therefore the bill drafters banned any organization under investigation for or having been found guilty of committing contracting fraud from receiving federal funds. (The bill also bans federal funds for any organization that violates federal or state election, campaign finance or lobbying disclosure laws.) While this may have seemed like a smart idea, it winds up applying to a large number of defense contractors and others.

If this bill were actually to take effect, the United States of America would probably have a serious aging problem with our Air Force planes fleet. According to the Project on Government Oversight's Federal Contractor Misconduct Database, Lockheed Martin has eleven fraud instances and Northrup Grumman has nine. Northrup Grumman has settled one False Claims Act for more money, $325 million, than ACORN has received since 1994, $54 million.

Rep. Grayson has posted a request to help him identify contractor fraud to be placed in the legislative history of the bill when courts review the legislation, which, if this language remains intact, they will. Grayson posted a Google Spreadsheet for anyone to add instances of contractor fraud to. All you need is a reputable source.

Of course, the aforementioned Federal Contract Misconduct Database is a great place to start.

FBI Raids Murtha Linked Defense Firm

The FBI and the IRS raided a defense contractor heavily linked to Rep. John Murtha as part of an ongoing investigation headed by the Inspector General of the Defense Department. The firms raided are Kuchera Industries and Kuchera Defense Systems, both owned and operated by Ron and Bill Kuchera. The firms do a large amount of business with the Defense Department and with larger defense firms with government contracts, such as Raytheon and Northrup Grumman. Murtha is closely tied to the firms, having provided millions in earmarks, and the Kuchera brothers, whose personal residences and Bill Kuchera's game preserve were also raided.

Since 2002, employees of Kuchera firms have provided $60,600 in campaign contributions to John Murtha and his political action committee. Over those same years, Murtha has provided the firms with an immense amount of help from his position as ranking member and then chair of the Defense Appropriations Subcommittee. In 2008, one of the few years in which earmarks were mandated to be disclosed, Murtha earmarked $8.2 million to the Kuchera firms. The Washington Post previously reported that Bill Kuchera was one of many defense contractors and lobbyists who sat on the board of a Murtha-linked nonprofit.

There has so far been no indication that Murtha is involved in the investigation. WJAC-TV in Johnstown, PA, reported that the purview of the Defense Department's Inspector General covers "fraud crimes in which the government was either a part to or a victim of."

In Norm Dicks' Name

New contribution disclosure rules provide some transparency in the world of "soft" influence seeking. In this case, these disclosure rules require the disclosure of contributions made "in honor of" a covered official, a lawmaker, executive branch or military official. A Seattle Times article looking into these contributions in honor of Washington state lawmakers shows Rep. Norm Dicks, a senior member of the Defense Appropriations Subcommittee, as a frequent honoree for contributions made by corporations seeking defense contracts.

Boeing gave $10,000 earlier this year to one of Congressman Norm Dicks' favorite charities, the National Guard Youth Foundation.

So did Boeing's archrival, EADS, the parent company of Airbus.

But that's small change compared to another defense contractor, TriWest Healthcare Alliance, which gave $100,000 to the youth foundation's gala dinner in February honoring Dicks, a Bremerton Democrat, for his staunch support of the charity.

TriWest followed that up with a $50,000 contribution to another charity event hosted by Dicks and four other members of the powerful defense-appropriations subcommittee that doled out $459 billion in contracts this year.

Giving money to a charity favored by a lawmaker isn't quite like giving to their campaign committee, but it will likely gain you brownie points when money for your business is on the table. In this case, the desire to influence behavior, while denied by all parties involved, is plain as day for anyone looking from the outside.

Keith Ashdown of Taxpayers for Common Sense is quoted in the article saying, "There's nothing outrageous at all about giving to something that helps a National Guard entity ... I think it's a soft lobbying tactic that can make lawmakers think you're in their camp and loyal to their interests."

Cunningham Figure's Revelations May Imperil Other Officials

The chief witness in the investigation into former Rep. Randy "Duke" Cunningham may have spilled the goods on more lawmakers than the now imprisoned San Diego Republican. According to Seth Hettena, the author of a book about Cunningham's crimes, Mitchell Wade's sentencing memo contains new revelations about his cooperation with federal authorities:

A 42-page sentencing memo filed by Wade’s attorneys says he aided the government in its investigation “of at least five other members of Congress” who were under investigation for “corruption similar to that of Mr. Cunningham.” These no doubt include Virgil Goode and Katherine “Pink Sugar” Harris. Wade wanted to open facilities in their districts and made $78,000 in “straw” contributions  to grease the wheels. Neither Harris nor Goode has been charged with wrongdoing.

Prosecutors drop tantalizing hints about an even bigger, ongoing investigation. Wade was debriefed in 2006 and provided “moderately useful” background information in another “large and important corruption investigation” that also has not yet resulted in any charges.

Who are the other 3 members of Congress? And what is this "even bigger, ongoing investigation"? Ken Silverstein has some speculation on who the 3 unmentioned members of Congress are.

Of particular interest is the way in which Wade revealed the information to law enforcement: he released a searchable, electronic database of 150,000 documents.

Bundlers Galore

Three makes a trend, right? Today, there are three news stories on presidential bundlers - campaign contributors who solicit money from other contributors and bundle it together - and their activities. All of these stories highlight the need for bundling disclosure rules from the Federal Election Commission. But two of these stories pinpoint the potential for abuse in the bundling system.

The Washington Post looks at the odd practices of one Harry Sargent III, the owner of an oil trading company with billion dollar defense contracts. Sargent has raised over $50,000 for Sen. John McCain's presidential bid from a collection of Arab-Americans who refuse to discuss why they gave money to the Republican's campaign:

Some of the most prolific givers in Sargeant's network live in modest homes in Southern California's Inland Empire. Most had never given a political contribution before being contacted by Sargeant or his associates. Most said they have never voiced much interest in politics. And in several instances, they had never registered to vote. And yet, records show, some families have ponied up as much as $18,400 for various candidates between December and March.

Both Sargeant and the donors were vague when asked to explain how Sargeant persuaded them to give away so much money.

"I have a lot of Arab business partners. I do a lot of business in the Middle East. I've got a lot of friends," Sargeant said in a telephone interview yesterday. "I ask my friends to support candidates that I think are worthy of supporting. They usually come through for me."

As the Post story notes, this seems analogous to the Norman Hsu case that played out in 2007. Hsu was a con-artist who bundled large sums of money for Sen. Hillary Clinton's presidential run from a collection of Chinese-Americans, many of whom were barely integrated into the larger American society. It turned out that Hsu funneled his own money through these individuals to be able to make contributions. Hsu was arrested for this and other crimes and Sen. Clinton returned hundreds of thousands of dollars in donations. Are Sargent's bundled contributions legitimate? Why do the people who operate as Sargent's fundraising operation refuse to discuss why they are giving these campaign contributions?

In a very similar case, two individuals of modest means, an office manager at Hess and her husband, an Amtrak foreman, contributed $61,600 to Sen. McCain's campaign committee and a joint Republican-McCain committee. McClatchy:

Alice Rocchio is an office manager at the New York headquarters of the Hess Corp., drives a 1993 Chevy Cavalier and lives in an apartment in Queens, N.Y., with her husband, Pasquale, an Amtrak foreman.

Despite what appears to be a middle-class lifestyle, the couple has written $61,600 in checks to John McCain's presidential campaign and the Republican National Committee, most of it within days of McCain's decision to endorse offshore oil drilling.

At a June fundraiser, the Rocchios joined top executives at Hess Corp. — Chairman and Chief Executive Officer John Hess, his wife, Susan, his mother, Norma Hess, and six other officials in giving a total of $313,500 to a joint McCain-RNC fundraising committee, Federal Election Commission records show.

Alice Rocchio insists that she and her husband used their own money to pay for these large campaign contributions, the first either her or husband have made. The June contributions to the joint committee were revealed in a Campaign Money Watch report earlier this week. The large Hess contributions came days before Sen. McCain switched his position on offshore drilling.

Clearly, these two stories show the danger of abuse in the bundling system and the clear lack of disclosure. While Congress approved disclosure of bundled contributions in the recent ethics reform bill, they only did so for federally registered lobbyists. In both cases, including the case of a federal contractor, neither party would be required to disclose the bundled contributions.

In our final bundling story of the day, the New York Times looks at the big dollar donors and bundlers surrounding Sen. Barack Obama's campaign. Despite the well-known small dollar donations machine the campaign built during the primaries, Sen. Obama is also raising massive sums from big dollar donors:

But records show that one-third of his record-breaking haul has come from donations of $1,000 or more: a total of $112 million, more than Senator John McCain, Mr. Obama’s Republican rival, or Senator Hillary Rodham Clinton, his opponent in the Democratic primaries, raised in contributions of that size.

Behind those larger donations is a phalanx of more than 500 Obama “bundlers,” fund-raisers who have each collected contributions totaling $50,000 or more. Many of the bundlers come from industries with critical interests in Washington. Nearly three dozen of the bundlers have raised more than $500,000 each, including more than a half-dozen who have passed the $1 million mark and one or two who have exceeded $2 million, according to interviews with fund-raisers.

This latest info on the McCain and Obama bundlers comes thanks to an effort by a number of groups, including the Sunlight Foundation, to pressure both campaigns to disclose their bundlers as former candidates George W. Bush and John Kerry both did. Voluntary disclosure is all well and good, but as I mentioned adove, mandatory disclosure would increase accountability and would apply across the board to include House and Senate bundlers as well.

Contracting Transparency Please

What would you say if the Defense Department outsourced the arming of our allies in Afghanistan to a company run by a serial stalker and a licensed masseur? The New York Times reports that the main supplier of munitions to Afghanistan's fledging military and police forces, AEY, Inc., has been sending 40 year old munitions acquired from former Soviet bloc countries that do not work. AEY, Inc., is headed by Efraim Diveroli, a young man who used his position as a defense contractor to try and weasel his way out of court appearances regarding stalking charges filed against him by a girlfriend who alleged abuse and was nearly convicted of felony battery. The entire story really must be read in total. The AEY story is reminicent of the great movie Lord of War, except the protagonist here, Diveroli, is a bumbling, corrupt fool and not a successful enabler of mass murder like the Nicholas Cage character.

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Daylight AM:

  • The company ESRI verified that it was issued a subpoena in the [sw: Jerry Lewis] (R-Calif.) investigation. The San Bernardino Sun also reports that the documents released by another subpoena recipient, San Bernardino County, show Lewis recommending "in 2002 that the county hire The Tom Skancke Co., a Las Vegas firm that lobbies Congress and does public-relations work." During the aftermath of the Duke Cunningham conviction when the spotlight turned to Lewis the congressman bluntly declared, "It is an ironclad rule in my office that we do not recommend lobbyists, even if a constituent asks for that recommendation."
  • A district aide to [sw: Bob Ney] (R-Ohio) was subpoenaed in the federal investigation into influence peddling by lobbyist Jack Abramoff. According to the Associated Press, "The subpoena for Matthew Parker, director of Ney's district office in St. Clairsville, was issued by a federal magistrate in Washington and announced Thursday."
  • Former DeLay chief of staff Tony Rudy is seeking to escape Washington, DC and move to California. Rudy, who pled guilty in the Abramoff investigation, must get an okay from a judge before he can escape the city that was his undoing.
  • Former Alabama Governor Don Siegelman (D) was found guilty of "trading government favors for campaign donations". That makes Siegelman the third Governor to be found guilty by a court over the past few years and the second to go to jail. Kentucky's Governor Ernie Fletcher has also been indicted and will face trial.
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Room 8 Ackerman Story Goes to Print:

Room 8's story on Iraq War opponent Rep. [sw: Gary Ackerman]'s war profiteering made it to print today in Newsday.

Additionally, the records - reported on www.r8ny.com, a New York City political Web site - show Ackerman (D-Jamaica Estates) accepted a "personal loan" last year for as much as $100,000 from Selig Zises, a large investor in a California-based company that Ackerman called Xenonics Options. However, Ackerman, who denies any improprieties, said the alleged loan was actually a sale of stock that he accidentally misreported. ... On March 9, 2002, Ackerman, a senior member on the International Relations Committee, purchased between $1,001 to $15,000 of stock in Xenonics, which is today valued at between $100,000 and $250,000, according to financial records.

The stock had ballooned to as much as $1 million as Room 8 had previously reported. It has since fallen to level reported by Newsday. Ackerman's attempt at playing dumb -- "If I was smart or really knew something, I would have sold it then" -- is pretty lame since, as Gur at Room 8 points out, "said questionable dude not only sits on the House Financial Services Committee, but also on the Subcommittee on Capital Markets - which has oversight on the Securities and Exchange Commission." Ackerman says that he "played no role in steering federal dollars to Xenonics."

The real, moral question remains: how does one square opposition to a war with profiting from it? If you oppose said war what would the ethical use of the profits be? Should he give it away to charity? Perhaps an organization trying to bring peace and understanding to said war-torn nation. Or should he spend those war profits on an absolutely awesome bat mitzvah for his little tatalah? It's decision time Ackerman: mensch or schlemeil?

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Daylight AM:

  • According to the San Bernardino Sun, the top technology firm ESRI has received a subpoena in the ongoing investigation into Appropriations Chairman [sw: Jerry Lewis] (R-Calif.) and his ties to Copeland Lowery Jacquez Denton & White, the lobbying firm representing ESRI and numerous municipalities that have received subpoenas. From 2001 to 2006 Lewis "earmarked more than $90 million for ESRI projects that included defense intelligence systems such as database mapping to assist in rebuilding war-torn Iraq." From 2000 to 2005 ESRI paid the Lowery firm $360,000 in fees to lobby Congress.
  • TPM Muckraker reports that Bernard Kerik, the first choice to head the Department of Homeland Security for President Bush's second term, will plead guilty to accepting "improper gifts totaling tens of thousands of dollars while he was a city official in the late 1990's".
  • The Wall Street Journal profiles the Han Solo of the Congressional Pork Wars, [sw: Jeff Flake] (R-Ariz.). Flake is "a ringer for actor Owen Wilson who crashes not weddings but his own Republican Party" by asking "colleagues to come to the House floor and explain why taxpayers should pay for pet projects in their districts." He has twice targeted Appropriations Chairman [sw: Jerry Lewis] (R-Calif.) -- the Sith Lord if we are to keep with the Star Wars theme -- and even targeted an earmark inserted by none other than the Speaker of the House [sw: Dennis Hastert] (R-Ill.). Flake questions the culture that underlies much of the corrupt behavior in Congress, "What’s just mystifying is the sense of entitlement now: You have the right to have your projects and to ask for it through the process without anyone else knowing about it or being able to challenge it. That’s your inherent right as a member of Congress."
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