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Keven L.

Barnes
1083 Vine St # 174
Healdsburg, CA 95448
Tel: 011 (965) 650 50 775
kevenbarnes@yahoo.com

May 25, 2010

VIA FEDERAL EXPRESS


Clair McCaskill-Subcommittee on Contracting Oversight
717 Hart Office Building
Washington D.C. 20510

RE: Request Under the Freedom of Information Act


case 09-cv-00145-MSK-MJW_Barnes
Qui Tam case Keven Barnes vs ITT Federal Services International and Kuwait
Resources House

Dear Senator McCaskill,

This letter is to let you know that there has been a cover-up of ITT Corporations criminal
activities and overcharging of the U.S. Government under Contract W52P1J-05-d-0003 by the
Department of Justice. Is the Qui Tam process to recover for overcharging and damages for
the U.S. Government? Or does Qui Tam have no meaning in the 21st Century and has been
become a tool that the DOJ can make backdoor deals or be lobbied (paid off) to avoid?

I was an American working as a Contracts Administrator on ITTs GMASS Contract, and that
contract was a U.S. Government contract being performed on a U.S. Government installation
for a U.S. Company and using U.S. Government monies. When I discovered fraud, waste and
abuse, I reported it to ITT’s managers and to their Head Quarters in Colorado Springs,
Colorado. ITT flew out 2 lawyers and a contracts manager to debrief me and 20 days later I
was fired. I had also reported this to the U.S. Army’s Contracting Officer’s at Camp Arifjan,
Kuwait and also to the Contracting Officers in Rock Island, Illinois.

Because I knew that there was the possibility that the firing could be contested under the
labor laws of Kuwait because it was written in ITTs main contract, I hired a Kuwait lawyer to
pursue those labor violations. I then discovered that I was trafficked without my knowledge
to ITT’s Subcontractor KRH ( Kuwait Resources House ), exactly the company that I
discovered was in collusion with ITT and overcharging the U.S. Government. I had that
Arabic document translated to English and I recalled that it was handed to me by a KRH
employee and told that I needed to sign it “because it was for my car insurance.” This
contract made me a sole employee of KRH without the mention of ITT. It took away all
benefits that were in my employee contract and understated my salary by two-thirds. It also
had some very personal Privacy-Act protected details disclosed without my knowledge that
are now in the hands of an Arab-owned company. This had not just happened to me, this has
happened to thousands of employees who have come and gone from that contract and from

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all the other contracts that American companies who are using KRH as a subcontractor. I was
trafficked.

While pursuing this labor claim which should take 2 months, and Americans are subjected to
the whims of the Arab laws, this claim took over 18 months. In the first couple of months
ITT filed false police charges against me saying “that I had no right to blow the whistle on
ITTs overcharging of the U.S. Government because that cannot be done under Kuwait
Laws.“

I explained to the Police that was none of their business. That didn’t stop ITT from trying to
have me thrown into jail and to try to recover the damaging information that I had. It is as
simple as filing a false police charge to have a travel ban placed on someone and I became a
prisoner of Kuwait. I called and wrote to the U.S. Embassy and they said they could do
nothing for me despite the obvious violations of the Vienna Convention on Consular
Relations ("VCCR")

Importantly, some of our bilateral consular agreements require that consular officials be
notified of the arrest and/or detention of one of their nationals regardless of their national's
request. These are commonly called "mandatory notification agreements" and the countries
to which they pertain are called "mandatory notification countries." They are listed on page
5 in this booklet, and the text of the mandatory notification provisions is reproduced below.
While the mandatory notification requirement pertains to over 50 countries, it flows from a
much smaller number of treaties. This is because, under international law principles relating
to successor states, a treaty that applied to a country when it was part of another country
may in some circumstances continue to apply to that country when it becomes independent.
Thus, one of the mandatory notification agreements now applies to two countries 2 , another
applies to 32 countries 3 , and a third applies to 12 countries 4 .

Note that the United States is party to many bilateral agreements that do not contain
"mandatory notification" provisions but that nevertheless contain other important provisions
relevant to the provision of consular assistance. These agreements should be consulted if
particular questions arise as to the treatment of a foreign national of a particular country
(e.g., with respect to the handling of deaths and estates of foreign nationals in the United
States).

The large number of bilateral agreements and the many variations in their provisions makes
it unrealistic to include any of their text other than the mandatory notification provisions in
this booklet. The most commonly referred to agreements relevant to the provision of consular
services are listed below, however, under the heading "Agreements Pertaining to Consular
Functions."

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The Czech Republic and Slovakia are covered by the Consular Convention between the
United States of America and the Czechoslovak Socialist Republic (signed 1973; entered into
force 1987), TIAS 11083.
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Antigua, the Bahamas, Barbados, Belize, Brunei, Cyprus, Dominica, Fiji, The Gambia,
Ghana, Grenada, Guyana, Jamaica, Kiribati, Kuwait, Malaysia, Malta, Mauritius, Nigeria,
Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Seychelles, Sierra
Leone, Singapore, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, the United Kingdom,
Zambia, and Zimbabwe are covered by the Consular Convention Between the United States
of America and the United Kingdom of Great Britain and Northern Ireland (signed 1951;
entered into force 1952), 3 UST 3426. British dependencies also covered by this agreement
are Anguilla, British Virgin Islands, Bermuda, Montserrat, and the Turks and Caicos Islands.
Their residents carry British passports.

Senator McCaskill, I was held prisoner of Kuwait for nearly 4 months. During that time I was
unable to continue my job search outside of Kuwait or to attend my wife’s graduation from
the University of San Francisco with her Master’s Degree. I had to watch that on streaming
video from Kuwait.

I found out that 10 months earlier, ITT Corporation had been placed on a 5-year probation
agreement for lying to the Federal Government and:

2. Illegally Exporting Secret Military Data Overseas (State Dept. Administrative


Proceeding)

In an administrative proceeding, the U.S. State Department charged ITT Industries, acting
through various subsidiaries, with violating the Arms Export Control Act and the
Intermational Traffic in Arms Regulations in connection with the unauthorized export of
night-vision products and space remote sensing technical data and defense services. Pursuant
to a consent agreement, ITT agreed to pay a civil penalty of $8 million. See related ITT
Industries instances, "Illegally Exporting Secret Military Data Overseas (Criminal
Prosecution)" and “Illegally Exporting Secret Military Data Overseas (U.S. Army
Compliance Agreement).”

In that agreement it clearly states that ITT will follow Federal Acquisition regulations and
they even acknowledge to protect Whistle-Blower’s rights.

Anything but that has happened to me. I have a Qui Tam attorney and he has filed the case
that you see in this Freedom of Information Act request about the Department of Justice
covering up for ITTs clear violations of my rights as a U.S. citizen and my illegal
imprisonment because of ITT’s further lying to try to get me to drop my fraud report of ITT
Corporation overcharging the U.S. Government.

This is the first in a series of Freedom of Information Act Request to show you and the
Subcommittee on Contracting just some of what has been going on in Kuwait and covered up
by the Department of Justice, the U.S. Army CID, and the FBI.

The Qui Tam process is there to recover overcharging for the U.S. Taxpayers and this 5-year
probation that ITT is on was a suspension of total debarment from U.S. Government
Contracts.
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This case is larger than the Agility / PWC fraud case or the KGL case. If what KGL did was
grounds for debarment, this far exceeds that threshold.

I am an Iraq Veteran who served for the Defense Contract Management Agency while in
under the United States Air Force Reserves from 2004 – 2005. I deserve better treatment out
of our Government and would like to believe that there really are no cover-ups and that
justice will be done. The Department of Justice are covering up for ITT Corporation and their
illegal activities that caused the loss of thousands of American Privacy Act protected data,
but also the overcharging by hundreds of millions of dollars due to the bid-rigging that
occurred and still occurs with KRH (Kuwait Resources House among other names now).
KRH has profited just as Agility profited by the inflated prices passed on to the U.S.
Government. Except in this case it went so far as to fabricate fictitious inflationary costs that
KRH profited from.

The Department of Justice has a huge amount of data, but never conducted an investigation.
They were given a witness list and they didn’t contact any of the ones that had much
supporting information. Currently the DoD IG is reactivating an IG complaint for retaliation
and the fraud that I was forced to drop because of the Qui Tam seal. I am not going to let this
just be white-washed and covered up. I will write to all the Congress members and Senators
on the CC and will continue writing if this doesn’t get the Qui Tam looked at properly as was
the intention of the Abraham Lincoln law, or I will start writing the Press and publishing the
facts online.

Why would the case still be under seal if the DOJ dismissed their interest in it? Because they
are trying to cover-up for ITT and not trigger let the clear probation violations trigger the
total debarment of ITT Corporation.

I have enclosed for you the exact DVD that the Department of Justice have. I would hope
that independant auditors (not DCAA or any other agency that the DOJ can manipulate) look
closely at the Qui Tam charges and focus on the overcharging and the laws of Kuwait for
Over-time, payslips, and the real costs of apartment buildings in Kuwait that I provided to
Stanley Alderson of the DOJ. Also let them analyze the true inflation costs and let them see
that ITT was paying KRH cash for nothing.

Best Regards,

____________________________________________
Keven L. Barnes
Former Contracts Administrator for ITT Corporation
Camp Arifjan, Kuwait
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