Yet Another Halliburton Scandal

Halliburton is being subpoenaed by a grand jury, for possibly doing illegal business deals with Iran (part of the “Axis of Evil”). Halliburton is already being investigated for doing illegal business deals with Iraq.

Halliburton set up a wing in the Cayman Islands (Halliburton Products & Services) which is not only a way to avoid paying US taxes, but it’s also a loophole for doing business with Iran, even though it had been illegal to do business with Iran since 1995. This would appear to be Halliburton’s way to skirt the law.

Why is this in the Political forum?

Because these deals were allegedly set up while Vice President Dick Cheney was still the Halliburton CEO, between 1995 and 2000.

Add this to the recent scandals for overcharging the US taxpayers 61 million dollars for fuel, and overcharging over 100 million dollars for meals for troops, that Halliburton didn’t actually deliver.
I’ve seen some people say that Cheney has no financial ties to Halliburton now, so any Halliburton scandals are irrelevant. Actually, Halliburton still pays Cheney about 150,000 dollars a year, in deferred salary. Cheney also still owns a fortune in Halliburton stock.

http://www.news24houston.com/content/headlines/?ArID=32839&SecID=2

http://news.ft.com/servlet/ContentServer?pagename=FT.com/StoryFT/FullStory&c=StoryFT&cid=1087373864765

"Federal law prohibits U.S. companies from trading directly with countries accused of supporting terrorism. But foreign subsidiaries are allowed to do business with Iran and other rogue states as long the foreign entity is truly independent of the U.S. operation.

Halliburton owns a Cayman Islands-registered company called Halliburton Products & Services Ltd. which sells $30 million to $40 million worth of oil-field equipment and services to customers in Iran annually. The grand jury is believed to be examining whether that entity is truly independent.

Halliburton has long acknowledged its foreign subsidiary has been doing business with Iran."

Interesting. Given there are absolutely no facts available as of now, what we know is that the Treasury Department made an inquiry, and now the Justice Department is conducting an investigation. The company claims it was in compliance. I guess we’ll have to wait for some more facts to come out.

One small legal point: If in fact the company was in compliance, it will be because the subsidiary in the Caymans was totally independent (a requirement to fit in to the safe harbor under the applicable regulation). If it was indeed totally independent, Cheney would have had no say, and likely no knowledge, about whatever it was doing. If it was not, then Halliburton likely was not in compliance and any standard of knowledge for any executives will need to be established.

I was a defense contractor for several years. I am not surprised by Halliburton’s activity, because it is precisely why I am no longer a defense contractor. The activity of almost EVERY defense contractor, in my experience, skates rather too close to the boundaries of active treason. I could tell you stories that make the Halliburton scandals look like a joke.

Case in point: at one company, I worked on a software project for the Navy. It was originally scheduled to be completed in two years. We were concluding the eighth year of active development. I was told outright to go through the product and guarantee that it met every individual aspect of the functional specification, but could not be used to accomplish the overall task.

Why? So we could get the contract renewed for another two years. You see, as long as we did what we were contracted to do, they couldn’t give the contract to another contractor. So if they still wanted the product, they had to extend the contract with us.

And that’s why your government can’t get anything done without spending far too much money and taking far too much time. It’s required by law to hire private companies who do shit like this all day long.

I may be wrong but, Haliburton is an oil-field services contractor, not a defense contractor.

They are one of a very select few companies that do what they do, rather here in the US, or in the oil fields of the middle east.

The term “defense contractor” does not necessarily refer to the purpose of the contract, but to the source of the contract. A defense contract is originated by the Department of Defense, and by definition awarded to a defense contractor. So while Halliburton does not participate directly in defense, their contracts with the military are still defense contracts. It has nothing to do with what services are actually being performed.

Some people also consider contracts in support of the nation’s defense to be defense contracting, even if the contract originated elsewhere – often through basic GSA schedule. I’m not one of those people, because I feel the primary distinction of a defense contract is that it involves potential access to classified material.

Not really true that no facts are available. Halliburton openly admits that it conducted business with Iran. We know how many millions of dollars the contracts were worth, and so on.

This has turned from a general inquiry into a criminal investigation.

If Halliburton gets off the hook on a technical point (the Cayman Islands mailbox) is that really going to be a victory?

Besides Iran, Halliburton allegedly also did business deals with Iraq’s government (through a French office, I believe) and Syria.

[quote]Lumpy wrote:

Not really true that no facts are available. Halliburton openly admits that it conducted business with Iran. We know how many millions of dollars the contracts were worth, and so on.

This has turned from a general inquiry into a criminal investigation.

If Halliburton gets off the hook on a technical point (the Cayman Islands mailbox) is that really going to be a victory?

Besides Iran, Halliburton allegedly also did business deals with Iraq’s government (through a French office, I believe) and Syria.[/quote]

You don’t seem to understand that the “technical point” goes to the law in question. If it was a wholly independent subsidiary, no law was violated. This is why Halliburton has been freely admitting this stuff, and why it did it in the first place. If it’s an independent sub, it won’t be “getting off on a technicality,” it will be no violation of the underlying law by definition.

Complying with the law is not getting off on a technicality.

That’s what we need the facts on: whether the sub in question was wholly independent.

Sounds like more of the “I’m just the Boss, I have no idea what’s going on” rationale I hear being used to defend George Bush.

During his stint as #1 at Halliburton (1995-2000) Cheney repeatedly called for sanctions against Iran to be dropped.

Now you want to tell me that Cheney had no idea that a branch of Halliburton was doing tens of millions of dollars of business with Iran, and that there is no working connection between “Halliburton”, and “Halliburton Products and Services”?

The fact that this case has been investigated since 2001, and that this week it was elevated to a criminal case, suggests that there is some substance to the charges.

Dick Cheney is to George W. Bush as Spiro Agnew was to Richard Nixon.

If I’m not mistaken, these things are getting worded a bit tougher these days…

But foreign subsidiaries are allowed to do business with Iran and other rogue states as long the foreign entity is truly independent of the U.S. operation.

This could mean that if the people in the US were somehow controlling the subsidiary, regardless of how the share breakdown occurs, then the are on the wrong side of the law.

However, the interpretation of “independent” might have changed after 9/11.

[quote]Case in point: at one company, I worked on a software project for the Navy. It was originally scheduled to be completed in two years. We were concluding the eighth year of active development. I was told outright to go through the product and guarantee that it met every individual aspect of the functional specification, but could not be used to accomplish the overall task.

Why? So we could get the contract renewed for another two years. You see, as long as we did what we were contracted to do, they couldn’t give the contract to another contractor. So if they still wanted the product, they had to extend the contract with us.[/quote]

CDarklock,

You didn’t happen to work for EDS, did you?

[quote]vroom wrote:
If I’m not mistaken, these things are getting worded a bit tougher these days…

But foreign subsidiaries are allowed to do business with Iran and other rogue states as long the foreign entity is truly independent of the U.S. operation.

This could mean that if the people in the US were somehow controlling the subsidiary, regardless of how the share breakdown occurs, then the are on the wrong side of the law.

However, the interpretation of “independent” might have changed after 9/11.[/quote]

Precisely – and this is what I was talking about when I said we have to wait and see on the facts of the situation.

[quote]Lumpy wrote:
Sounds like more of the “I’m just the Boss, I have no idea what’s going on” rationale I hear being used to defend George Bush.

During his stint as #1 at Halliburton (1995-2000) Cheney repeatedly called for sanctions against Iran to be dropped.

Now you want to tell me that Cheney had no idea that a branch of Halliburton was doing tens of millions of dollars of business with Iran, and that there is no working connection between “Halliburton”, and “Halliburton Products and Services”?

The fact that this case has been investigated since 2001, and that this week it was elevated to a criminal case, suggests that there is some substance to the charges.

Dick Cheney is to George W. Bush as Spiro Agnew was to Richard Nixon.[/quote]

Yes, Lumpy, I will tell you that’s possible - especially when “tens of millions of dollars” is less than 1% of revenues. And, again, if the company was wholly independent.

The name thing means nothing. Coca Cola Bottling is wholly independent from Coca Cola as far as decision-making processes. Lots of companies have wholly independent subsidiaries that operate independently. Why do you think the law was written that way?

[quote]Yes, Lumpy, I will tell you that’s possible - especially when “tens of millions of dollars” is less than 1% of revenues. And, again, if the company was wholly independent.

The name thing means nothing. Coca Cola Bottling is wholly independent from Coca Cola as far as decision-making processes. Lots of companies have wholly independent subsidiaries that operate independently. Why do you think the law was written that way? [/quote]

You’re really claiming that the CEO doesn’t know about a branch of his own company? …that does business in a sanctioned nation where the CEO is repeatedly calling for sanctions to be lifted?

Here’s a good article on the Cheney-Halliburton-Iran connection:

Cheney Lobbied Congress To Ease Sanctions Against Terrorist Countries While He Was CEO Of Halliburton
07/22/04

Vice President Dick Cheney is a bad guy. He can toss around the F-word all he wants in response to the criticism directed at him as a result of his close ties to Halliburton, the company he headed from 1995-2000, but he can’t hide from the truth.

It was Cheney who urged Congress in 1996 to ease sanctions against Iran, a country that’s part of President Bush’s axis of evil, so Halliburton could legitimately do business there.

During a trip to the Middle East in March 1996, Cheney told some U.S. businessmen that Congress should ease sanctions in Iran and Libya to foster better relationships with those countries.

“Let me make a generalized statement about a trend I see in the U.S. Congress that I find disturbing, that applies not only with respect to the Iranian situation but a number of others as well,” Cheney said at the time. “I think we Americans sometimes make mistakes…There seems to be an assumption that somehow we know what’s best for everybody else and that we are going to use our economic clout to get everybody else to live the way we would like.”

The last part of Cheney’s statement could easily sum up the Bush administration’s past three years in office, but that’s another story.

Now Halliburton is being investigated by a grand jury for possibly violating federal sanctions while Cheney was chief executive of the company by doing business in Iran. That hasn’t stopped Cheney from repeatedly sticking his foot in his mouth. On the campaign trail, Cheney has been saying that Iran has ties to al-Qaeda and some of the 9-11 hijackers. But when Cheney was chief executive of Halliburton he wasn’t concerned about that. But former President Bill Clinton was. The Clinton administration said U.S. companies conducting business in Iran may be inadvertently helping fund terrorist activities in that country.

In March 1995, Clinton signed an executive order that prohibited “new investments (in Iran) by U.S. persons, including commitment of funds or other assets.” It also restricts U.S. companies from performing services “that would benefit the Iranian oil industry. Violation of the order can result in fines of as much as $500,000 for companies and up to 10 years in jail for individuals.”

When Bush and Cheney were sworn into office in 2001 the administration decided it would not punish foreign oil and gas companies that invest in Iran or other countries that sponsor terrorism, including Syria and Libya.
The sanctions imposed on countries such as Iran and Libya before were blasted by Cheney before he became vice president, despite claims that those countries may have ties to terrorism.

“I think we’d be better off if we, in fact, backed off those sanctions (on Iran), didn’t try to impose secondary boycotts on companies … trying to do business over there … and instead started to rebuild those relationships,” Cheney said during a 1998 business trip to Sydney, Australia, according to Australia’s Illawarra Mercury newspaper.

Halliburton first started doing business in Iran as early as 1995.

According to a February 2001 report in the Wall Street Journal, “U.S. laws have banned most American commerce with Iran. Halliburton Products & Services Ltd. works behind an unmarked door on the ninth floor of a new north Tehran tower block. A brochure declares that the company was registered in 1975 in the Cayman Islands, is based in the Persian Gulf sheikdom of Dubai and is “non-American.” But, like the sign over the receptionist’s head, the brochure bears the Dallas company’s name and red emblem, and offers services from Halliburton units around the world.”

In the February 2001 report, the Journal quoted an anonymous U.S. official as saying “a Halliburton office in Tehran would violate at least the spirit of American law.” Moreover, a U.S. Treasury Department website detailing U.S. sanctions against bans almost all U.S. trade and investment with Iran, specifically in oil services. The Web site adds: “No U.S. person may approve or facilitate the entry into or performance of transactions or contracts with Iran by a foreign subsidiary of a U.S. firm that the U.S. person is precluded from performing directly. Similarly, no U.S. person may facilitate such transactions by unaffiliated foreign persons.”

Wendy Hall, a spokeswoman for Halliburton, said in an interview with me last year that Halliburton may not agree with Iran’s “policies or actions” and the company makes “no excuses for their behaviors” but “due to the long-term nature of our business and the inevitability of political and social change, it is neither prudent nor appropriate for our company to establish our own country-by-country foreign policy.”

Hall added that “decisions as to the nature of such governments and their actions are better made by governmental authorities and international entities such as the United Nations as opposed to individual persons or companies. Putting politics aside, we and our affiliates operate in countries, to the extent it is legally permissible, where our customers are active as they expect us to provide oilfield services support to their international operations.”

Recently, evidence surfaced showing that Cheney’s office was aware that Halliburton would receive a no-bid contract to secretly plan restoration of Iraq’s oil facilities five months before the Iraq war began.

Some of the other highlights while Cheney ran Halliburton:
In 1995, Halliburton paid a $1.2 million fine to the U.S. government and $2.61 million in civil penalties for violating a U.S. trade embargo by shipping oilfield equipment to Libya. Federal officials said some of the well servicing equipment sent to Libya by Halliburton between late 1987 and early 1990 could have been used in the development of nuclear weapons. President Reagan imposed the embargo against Libya in 1986 because of alleged links to international terrorism.

But the fact that Halliburton may have unwillingly helped Libya obtain a crucial component to build an atomic bomb only made Cheney push the Clinton administration harder to support trade with Libya and Iran.
Cheney’s choice of words to express his frustration about being mentioned in the same sentence as Halliburton suddenly makes sense.

Jason Leopold is the former Los Angeles bureau chief of Dow Jones Newswires where he spent two years covering the energy crisis and the Enron bankruptcy. He just finished writing a book about the crisis, due out in December through Rowman & Littlefield.

http://www.informationclearinghouse.info/a...article6540.htm

Lumpy:

Your article basically makes my point for me. The only thing it can site is a “violation of the spirit of the law” whatever the hell that means.

There is no violation if the subsidiary was wholly independent. None. Zip. Zilch. So we need facts to come out on whether the company was in fact wholly independent.

Knowledge of the executive only becomes pertinent if there was in fact a violation.

Now, as a side comment: Yes, I think it’s perfectly easy to believe that the CEO of a company wouldn’t know what each and every subsidiary was doing. I work with big companies all the time, and I can assure you that the CEOs have no idea what a lot of the day-to-day operations of their companies are. If the subsidiary was, in fact, wholly independent, then the CEO wouldn’t have any decision-making authority for it anyway, and really wouldn’t need to know what it was doing.

As to protesting sanctions: Perhaps it’s because they don’t work for squat. Case in point: Every country against which they have been levied in modern times, with the possible exception of South Africa, where they may have had some effect (because the whole world basically enforced them). Sanctions just plain don’t work, and generally end up punishing the people of the country while the dictatorial governments stay in power.

Boston, sanctions aren’t just about getting a regime change. They are about other goals as well, such as helping to ensure that the target country cannot achieve certain tasks.

Current politics aside, companies are driven by a profit motive and are happy to find ways to circumvent the desires of the administration if it will enhance profits. This is similar to the software development story above.

While profit is good, it might be nice if CEO’s were to have ethics. The article above is pretty darned interesting, whether or not Halliburton US is able to be found guilty of wrongdoing.

Halliburton Settlement Too Little, Avoids Answering Question of Cheney?s Responsibility for Accounting Irregularities
Statement of Public Citizen President Joan Claybrook
Aug. 3, 2004

The penalty imposed today against Halliburton to settle allegations of accounting irregularities when Vice President Dick Cheney was at the company?s helm is too small and avoids addressing Cheney?s responsibility for the fraud.

To settle allegations that the company improperly altered its accounting during Cheney?s tenure as CEO, Halliburton agreed to pay just $7.5 million, which pales in comparison to the estimated $120 million by which accounting tricks boosted Halliburton?s?profits during Cheney?s stewardship.

Cheney was Halliburton?s CEO from 1995 to 2000. Beginning in 1997, crude oil prices began a sharp decline, falling 50 percent from January 1997 to March 1998. This drop in the price of a commodity upon which Halliburton was dependent rocked the company?s bottom line. Under financial pressure, the company in April 1998 embarked on a radical change in its accounting practices: It began booking cost overruns in its construction business as income, rather than as expenses, and did not adequately disclose this change in practice until a year later. As a direct result of not properly reporting?this accounting change, Halliburton was able to boost its reported profits by more than $120 million, misleading investors.

The Securities and Exchange Commission (SEC) noted in a complaint released today that it is the SEC?s ?view that there were unacceptable lapses in the company?s conduct during the course of the investigation, which had the effect of delaying the production of information and documentation necessary to the staff?s expeditious completion of its investigation.? ?

The failure of the SEC to address the responsibility of Cheney, who was in charge when the accounting irregularities occurred, and instead focus upon the company?s chief financial officer and controller at the time, indicates that politics?may have spared Cheney from necessary enforcement action.?The CFO and controller both reported to Cheney, and he ultimately should be held responsible.

Lumpy -

Why do you post propoganda as news? This group is a left-wing, sandal wearing freak and weirdo group that is one of the leading protesters of the WTO.

You seem to be really quick to call bullshit if someone posts something referencing Matt Drudge, Fox News, or any of the other sources you deem to be slanted. Yet you post from any left-wing rag you want and consider it to be valid.

It’s getting old.