One of the best articles I’ve seen recently on for-profit colleges. Please, please, please read this if you or anyone in your family is thinking about a for-profit school.
From the trenches, we continue to pursue our class action against Le Cordon Bleu Portland (formerly known as Western Culinary Institute) and its parent, Career Education Corp. Consumer fraud class actions are difficult cases.
Best to avoid the damage in the first place by saying no to overpriced for-profit colleges. Don’t let the slick marketing fool you; you’re often better off at a less-costly community college.
One more thing. To our leaders in Congress, your active oversight can fix this problem. But you need to do more than regulate for the future. A generation of students are effectively underwater for life because of lax regulation. Seems to me that you need to fix this problem.
In today’s Oregonian, Julie Sullivan (aka “the one-woman wrecking crew”) reports here on emerging details of KBR’s request for a taxpayer bailout. Short version is that as revealed by depositions taken in our Oregon Army National Guard toxic injury case, Bixby v. KBR, KBR won a special secret contract clause that requires the government to pay in the event of injuries or deaths.
Special thanks to Rep. Earl Blumenauer who pushed the Department of Defense on this issue. Along with Sen. Wyden, Sen. Merkley and Rep. Schrader, Rep. Blumenauer has made it a point to take a hard look at these issues and provide critical assistance to our vets. Members of the Oregon Congressional delegation have been fabulous. Their hard work provides real comfort to the vets who stepped up to serve.
One question that occurs to me is whether that clause is enforceable if the vets in the Bixby case succeed in proving fraud by KBR. I don’t profess any particular expertise in this area. And even if I did, the details remain secret, so it’s likely impossible to know how that plays out.
As a taxpayer and as counsel for the sick vets, I’m steamed. KBR already got paid billions for their work, and now they want a get-out-of-jail-free card so that they don’t have to pay for any consequences of their actions? Great plan.
Today’s Oregonian includes this thoughtful editorial about what is at stake in our on-going case against KBR for Oregon National Guard Soldiers. I have to agree with the editorial board that what is at issue is more than whether and how KBR will be required to repair the damage done. In the case, we can only recover money. That money can only be used to fix what can be fixed, to help where money can provide help, and to make up for all the losses that cannot be fixed or solved with help.
Still the case is wider and deeper and raises questions about war and contracting and profits.
The latest round of revelations indicate that the government agreed to indemnify KBR for financial losses it might incur as a result of its misconduct in performing work under the Project RIO contract. If that sounds like gobbledygook, maybe it’s easier to explain this way. In addition to the multi-billion dollar payday, KBR wanted and got a taxpayer bailout for whatever harms might be caused by its misconduct.
The legal team representing the soldiers focuses on their needs. We have a court room and a trial. We are traveling around the world to find evidence and get our witnesses. We are digging through tens of thousands of pages of documents. We hold the line and fight KBR when it seeks immunity or special treatment. At trial we will put on the evidence, make our arguments and then leave it to the jury to deliberate and decide.
Meanwhile, it is good that Oregonians are asking these questions. Better still, our journalists and thinkers and our Congressional delegation have their teeth into their respective parts of this tragedy. That is good as well, as no one wants our vets to go quietly into the night.
Addendum (2 Sept 2010): Here is a video report on KGW8 News that ran yesterday. Nice to see that Rep. Blumenauer is on this. For those who say Congress does nothing, you better believe that the Oregon vets appreciate the efforts made by Sen. Wyden, Sen. Merkley, Rep. Blumenauer, and Rep. Schrader.
Our toxic exposure case for Oregon National Guard vets exposed to sodium dichromate at the Qarmat Ali facility in Iraq continues. The case is against Kellogg Brown and Root (KBR) and its various offshoots. Background: Link to NBC Nightly News story and reflections on the case here. Earlier updates on the case here.
Meantime, worth noting is that Senator Ron Wyden’s sent a letter today to Eric Shinseki, the Secretary of the Department of Veterans Affairs regarding the matter. Here is a pdf copy- Qarmat Ali vets letter fr Sen Wyden.
I am appreciative that Senator Wyden continues pushing on these issues. As well, Senator Merkley, Rep. Schrader, and Oregon Sen. Shields have carried this issue, too. Some of this is about good constituent service, I suppose.
But in talking to Sen. Wyden, Sen. Merkley, Oregon Sen. Shields and their staff members, I know that this is about more than simply providing service to voters. We all agree that we owe our vets better. To my way of thinking, this includes that KBR face its day of reckoning.
To all of our leaders who continue advocating for our soldiers-I am sure you know from your own conversations that our Qarmat Ali vets deeply appreciate your continuing efforts. One of our vets’ father served in Vietnam. He quietly shared with me his appreciation that a senator or a busy lawyer would come to the aid of his son. As he explained it, usually soldiers think that they can only rely on other soldiers. I thanked him for his kind words and simply said that it was the very least we could do.
In Portland last week, Senator Wyden held a press conference to announce his support for expanding VA benefits for soldiers exposed to toxic chemicals in Iraq. This arguably sounds bland. It is not.
It’s important for a few reasons. Let’s talk first about history. Senator Wyden and I are a few years apart, but I believe that we both share the haunting memories of our Vietnam era vets exposed to Agent Orange. That was the impetus for me in joining this fight. I imagine it plays on Senator Wyden, as well. We owe our soldiers many debts. It is good that Senator Wyden sees the world this way and has committed to the fight.
I’ll be the first to admit that I don’t always agree with Senator Wyden. But that is little more than a footnote. I share his sense of mission and want to thank him for his commitment to these issues.
And that brings me to the other reasons why this is important. Senator Wyden’s commitment to these issues provides profound comfort to our injured vets. At one point during the press conference, Senator Wyden opened the mic to any of the sick vets who wanted to comment. A soldier, Sgt. (retired) Matt Hadley, moved toward the mic. He hesitated briefly–Matt is a soldier and not the kind of guy you would find hugging a mic at a press conference. He developed asthma and was forced to retire from the Oregon National Guard.
So as Matt moved to the podium, I wondered what he would say and do. He paused and then called out Senator Wyden by name. He delivered the most heartfelt thanks that anyone could imagine. I would have remembered it and reported it word-for-word, except that I was busy losing the struggle to remain dry-eyed. Sgt. Hadley gave voice to many in that brief moment, and what I heard was that our vets were thankful that they don’t fight alone.
The last reason why all of this is important is that Senator Wyden is taking up the mantle of leadership on these issues. Senator Wyden has been supportive of the vets throughout, but he has deferred to his colleagues, Senators Dorgan and Bayh. Both are leaving the senate. So Senator Wyden’s leadership on this issue will be important.
All of this takes place as we move forward in the legal fight against KBR. Our soldiers protected KBR at the tainted Qarmat Ali site. And now they face a lifetime of health problems. As we look at these problems going forward, I’m struck by the contrast. Our soldiers did their jobs at Qarmat Ali. They didn’t complain about putting themselves on the line to protect KBR assets and personnel. And now that they are sick, I can’t help but grow angry at KBR’s refusal to cover our soldiers’ backs.
I guess that’s why God invented juries and why I have a job.