# Iraq contractor Custer Battles sued for fraud.  Defense: CPA never existed!

**URL:** <https://boards.straightdope.com/t/iraq-contractor-custer-battles-sued-for-fraud-defense-cpa-never-existed/292479>\
**Category:** Great Debates\
**Created:** [March 1, 2005, 8:27pm UTC](https://boards.straightdope.com/t/iraq-contractor-custer-battles-sued-for-fraud-defense-cpa-never-existed/292479 "2005-03-01T20:27:50Z")\
**Posts on this page:** 10\
**Page:** 2

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**Author:** ![manhattan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/manhattan/32/7_2.png) [@manhattan](https://boards.straightdope.com/u/manhattan)\
**Post date:** [March 7, 2005, 2:36pm UTC](https://boards.straightdope.com/t/iraq-contractor-custer-battles-sued-for-fraud-defense-cpa-never-existed/292479/21 "2005-03-07T14:36:07Z")

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> [@BrainGlutton](#):
>
> Regardless of whether the courts decide this case falls under U.S. **jurisdiction,** it is definitely U.S. **business…**

> [@](#):
>
> But legalities aside…

I’m a little bit unclear. Did you just claim “legalities aside” in whether the government should make a legal determination of jurisdiciton in a court of law?

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**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\
**Post date:** [March 7, 2005, 2:46pm UTC](https://boards.straightdope.com/t/iraq-contractor-custer-battles-sued-for-fraud-defense-cpa-never-existed/292479/22 "2005-03-07T14:46:32Z")

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> [@manhattan](#):
>
> I’m a little bit unclear. Did you just claim “legalities aside” in whether the government should make a legal determination of jurisdiciton in a court of law?

:dubious: Not at all – I’m saying that, legalities aside, we the people have a legitimate and compelling interest in this matter. **Especially** if it turns out there’s no way to recover the money in court. Somebody needs to be held accountable. And who created that frustrating situation?

Furthermore, it is not “the government’s” job to “make a legal determination of jurisdiciton in a court of law.” That’s for a **judge** to decide. The job – the clear duty – of the government, as represented by the Justice Department’s attorneys, is to argue the position in court that there is jurisdiction, if that is at least arguable. And they’re not doing their job. Somebody needs to be held accountable for that, too.

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**Author:** ![sqweels](https://avatars.discourse-cdn.com/v4/letter/s/f19dbf/32.png) [@sqweels](https://boards.straightdope.com/u/sqweels)\
**Post date:** [March 7, 2005, 9:30pm UTC](https://boards.straightdope.com/t/iraq-contractor-custer-battles-sued-for-fraud-defense-cpa-never-existed/292479/23 "2005-03-07T21:30:52Z")

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> [@Menocchio](#):
>
> Utter hijack, but “Custer Battles” is an awful name for a company supplying armed contractors? Isn’t that a bit like “Titanic Shipping” or “Hindenburg Aeronautics”?

Their slogan is “Getting wiped out since 1876”.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [March 8, 2005, 2:37am UTC](https://boards.straightdope.com/t/iraq-contractor-custer-battles-sued-for-fraud-defense-cpa-never-existed/292479/24 "2005-03-08T02:37:34Z")

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> [@BrainGlutton](#):
>
> Furthermore, it is not “the government’s” job to “make a legal determination of jurisdiciton in a court of law.” That’s for a **judge** to decide. The job – the clear duty – of the government, as represented by the Justice Department’s attorneys, is to argue the position in court that there is jurisdiction, if that is at least arguable. And they’re not doing their job. Somebody needs to be held accountable for that, too.

_sigh_

Why do you suppose qui tam suits exist?

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**Author:** ![sinical\_brit](https://avatars.discourse-cdn.com/v4/letter/s/48db29/32.png) [@sinical\_brit](https://boards.straightdope.com/u/sinical_brit)\
**Post date:** [March 8, 2005, 4:11pm UTC](https://boards.straightdope.com/t/iraq-contractor-custer-battles-sued-for-fraud-defense-cpa-never-existed/292479/25 "2005-03-08T16:11:18Z")

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Bend over Iraq, here comes your freedom:

"Iraq reconstruction funds missing

The missing $8.8bn is more than 40% of Iraq’s oil revenues  
Almost $9bn (£4.7bn) of Iraqi oil revenue is missing from a fund set up to reconstruct the country.

The BBC’s File On 4 programme has learnt that out of over $20bn raised in oil revenues during US-led rule, the use of $8.8bn is unaccounted for.

US government auditors criticise the Coalition Provisional Authority for failing to manage the money properly.

In one case, auditors say the key to a safe holding millions of dollars was kept in an open backpack in an office.  
\<snip\>

\*\*“We contend that since the CPA was in control and did have a responsibility to be an effective steward of those monies, that it was to be expected that there was more supervision of what happened to that money,” she said. \*\*

from here: [http://news.bbc.co.uk/1/hi/programmes/file\_on\_4/4216853.stm](http://news.bbc.co.uk/1/hi/programmes/file_on_4/4216853.stm) ( bolding mine )

The CPA not existing, would certainly make it easyer to get shitloads of cash out of the country.

Sin

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**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\
**Post date:** [March 10, 2005, 12:26am UTC](https://boards.straightdope.com/t/iraq-contractor-custer-battles-sued-for-fraud-defense-cpa-never-existed/292479/26 "2005-03-10T00:26:31Z")

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> [@Bricker](#):
>
> _sigh_
> 
> Why do you suppose qui tam suits exist?

Qui tam suites, as under the Federal Civil False Claims Act ([http://en.wikipedia.org/wiki/Qui\_tam](http://en.wikipedia.org/wiki/Qui_tam)) exist to make redress possible in situations like this, where the government won’t get off its ass. But that shouldn’t be **necessary.** Under these egregious circumstances, it should be the Justice Department coming down on Custer Battles, not just two private whistleblowers.

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**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\
**Post date:** [March 10, 2005, 12:49am UTC](https://boards.straightdope.com/t/iraq-contractor-custer-battles-sued-for-fraud-defense-cpa-never-existed/292479/27 "2005-03-10T00:49:42Z")

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> [@sinical brit](#):
>
> Bend over Iraq, here comes your freedom:
> 
> "Iraq reconstruction funds missing
> 
> The missing $8.8bn is more than 40% of Iraq’s oil revenues  
> Almost $9bn (£4.7bn) of Iraqi oil revenue is missing from a fund set up to reconstruct the country.
> 
> The BBC’s File On 4 programme has learnt that out of over $20bn raised in oil revenues during US-led rule, the use of $8.8bn is unaccounted for.
> 
> US government auditors criticise the Coalition Provisional Authority for failing to manage the money properly.
> 
> In one case, auditors say the key to a safe holding millions of dollars was kept in an open backpack in an office.  
> \<snip\>
> 
> \*\*“We contend that since the CPA was in control and did have a responsibility to be an effective steward of those monies, that it was to be expected that there was more supervision of what happened to that money,” she said. \*\*
> 
> from here: [http://news.bbc.co.uk/1/hi/programmes/file\_on\_4/4216853.stm](http://news.bbc.co.uk/1/hi/programmes/file_on_4/4216853.stm) ( bolding mine )
> 
> The CPA not existing, would certainly make it easyer to get shitloads of cash out of the country.
> 
> Sin

I just started a GQ thread: “Is Iraq now exporting oil? And who now owns the oilfields and revenues?” – [http://boards.straightdope.com/sdmb/showthread.php?p=5929860#post5929860](http://boards.straightdope.com/sdmb/showthread.php?p=5929860#post5929860). I’ll let you know what I find out.

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**Author:** ![Ale](https://avatars.discourse-cdn.com/v4/letter/a/f19dbf/32.png) [@Ale](https://boards.straightdope.com/u/Ale)\
**Post date:** [March 10, 2005, 1:09am UTC](https://boards.straightdope.com/t/iraq-contractor-custer-battles-sued-for-fraud-defense-cpa-never-existed/292479/28 "2005-03-10T01:09:42Z")

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> [@sinical brit](#):
>
> Bend over Iraq, here comes your freedom:
> 
> "Iraq reconstruction funds missing
> 
> The missing $8.8bn is more than 40% of Iraq’s oil revenues  
> Almost $9bn (£4.7bn) of Iraqi oil revenue is missing from a fund set up to reconstruct the country.
> 
> The BBC’s File On 4 programme has learnt that out of over $20bn raised in oil revenues during US-led rule, the use of $8.8bn is unaccounted for.
> 
> US government auditors criticise the Coalition Provisional Authority for failing to manage the money properly.
> 
> In one case, auditors say the key to a safe holding millions of dollars was kept in an open backpack in an office.  
> \<snip\>
> 
> \*\*“We contend that since the CPA was in control and did have a responsibility to be an effective steward of those monies, that it was to be expected that there was more supervision of what happened to that money,” she said. \*\*
> 
> from here: [http://news.bbc.co.uk/1/hi/programmes/file\_on\_4/4216853.stm](http://news.bbc.co.uk/1/hi/programmes/file_on_4/4216853.stm) ( bolding mine )
> 
> The CPA not existing, would certainly make it easyer to get shitloads of cash out of the country.
> 
> Sin

Well, there goes the “Oil for Food scandal must stop” justification…

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<div class="post-metadata">

**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\
**Post date:** [March 10, 2005, 1:14am UTC](https://boards.straightdope.com/t/iraq-contractor-custer-battles-sued-for-fraud-defense-cpa-never-existed/292479/29 "2005-03-10T01:14:24Z")

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> [@Ale](#):
>
> Well, there goes the “Oil for Food scandal must stop” justification…

Now, now, two wrongs don’t make a right. If post-war occupiers have been looting Iraq’s oil revenue, that doesn’t exonerate the administrators of the OfF program for doing the same pre-war, if they did so.

It does, however, go a long way towards changing the subject. 😉

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<div class="post-metadata">

**Author:** ![Ale](https://avatars.discourse-cdn.com/v4/letter/a/f19dbf/32.png) [@Ale](https://boards.straightdope.com/u/Ale)\
**Post date:** [March 10, 2005, 10:17am UTC](https://boards.straightdope.com/t/iraq-contractor-custer-battles-sued-for-fraud-defense-cpa-never-existed/292479/30 "2005-03-10T10:17:33Z")

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> [@BrainGlutton](#):
>
> Now, now, two wrongs don’t make a right. If post-war occupiers have been looting Iraq’s oil revenue, that doesn’t exonerate the administrators of the OfF program for doing the same pre-war, if they did so.
> 
> It does, however, go a long way towards changing the subject. 😉

Of course two wrongs don´t make a right; but the cardboard and plaster scenery of piety and moral rectitude that has beeen built to justify the US involvment should be contrasted with the actual reality of the situation and how it´s been handled; least some people start saying “but we did everything right, _they_ must have messed it up!”

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