RICO Violations Leveled Against Blackwater Over Baghdad Massacre

The Public Record
7/7/09

By William Fisher

New civil charges filed against private security contractor Blackwater accuse the company of murder,
destruction of audio and videotaped evidence, distribution of controlled substances, tax evasion, child
prostitution, and weapons smuggling.

The new claims were filed under the Racketeer Influenced and Corrupt Organizations Act (RICO) by several of
the Iraqi civilians who were injured or who lost family members when Blackwater personnel opened fire in
Nisoor Square in Baghdad in September 2007.

The new allegations, which have been added to an ongoing civil lawsuit in Virginia federal court, charge that
then Blackwater chairman Erik Prince "has created an enterprise that has engaged in a series of illegal acts
that suffice as RICO predicate acts extending over a substantial period of time beginning at least in 2003. The
Prince RICO Enterprise continues to exist, continues to engage in repeated illegal acts, and poses a grave and
special threat to the social well-being of the world."

The lawsuit alleged that Blackwater “created and fostered a culture of lawlessness amongst its employees,
encouraging them to act in the company’s financial interests at the expense of innocent human life. This action
seeks compensatory damages to compensate the injured and the families of those gunned down and killed by
Blackwater shooters. This action seeks punitive damages in an amount sufficient to punish Erik Prince and his
Blackwater companies for their repeated callous killing of innocents.”

Blackwater has changed its name and is now operating as Xe and other names under Prince’s control. Eric
Prince has resigned as chairman of the company.

Katherine Gallagher, of the Center for Constitutional Rights, a member of the legal team bringing the suit, told
us, "Through this case, the victims of the most notorious -- though far from the only -- shooting of civilians on
the streets of Baghdad seek to hold accountable those who have caused irreparable harm to them and their
loved ones. The Plaintiffs are all Iraqis who were simply going about their daily lives when Blackwater opened
fire in Nisoor Square. They look forward to having their day in court against Blackwater and its founder, Eric
Prince."

She added, “The Iraqi victims of Xe - Blackwater’s unlawful actions have come to U.S. courts in search of
justice. Justice begins with accountability, and private military contractors must be held accountable when they
shoot innocent people.”

The complaint alleges that Xe-Blackwater “created and fostered a culture of lawlessness amongst its
employees, encouraging them to act in the company's financial interests at the expense of innocent human life.
The destruction and suffering caused by the defendants, controlled by Erik Prince, are contrary to the interests
of the U.S. military and State Department, and the nation of Iraq."

The suit also seeks a court order requiring Erik Prince to divest himself of any direct or indirect interest in the
RICO Enterprise or dissolve the RICO Enterprise after making due provision for the rights of innocents,
imposes reasonable restrictions on Prince's future activities or investments, and prohibits Prince from engaging
in any mercenary or private military business."

This case, Abtan v Prince, was originally filed in the District Court for the District of Columbia in October 2007
following the shooting in Nisoor Square in September 2007. The alleged victims voluntary dismissed the case in
the District of Columbia and filed in the Eastern District of Virginia last month. The amended RICO complaint
was filed last week.

The underlying facts in this civil case form the basis for the criminal case filed by the Department of Justice
against six Blackwater "shooters." One pled guilty and the trial of the remaining five defendants is currently
set for early 2010.

The defendants in both cases include Mr. Prince, Xe, various Prince-controlled entities such as Blackwater, The
Prince Group, Falcon, Greystone Limited, Total Intelligence Solutions, EP Investments, and Raven
Development Group.

Blackwater was operating Iraq under a contract with the U.S. State Department (DOS), its mission being to
protect DOS personnel. In December 2008, the State Department’s inspector general  warned that Blackwater
might not be granted a license by the Iraqi government next year, forcing the Obama administration to make
new security arrangements.

The Iraqi government subsequently denied Blackwater a license and the State Department hired another
private security firm.

The issue of private security contractors in Iraq was further complicated by the Status of Forces agreement
negotiated between the U.S. and Iraq. Under that agreement, State Department contractors no longer have
immunity from criminal prosecution under Iraqi law.

The IG report found that changes since the 2007 shooting “have resulted in a more professional security
operation and the curtailment of overly aggressive actions” by contractors toward Iraqi civilians.

In response to its findings, Senator John Kerry, the Massachusetts Democrat who chairs the Foreign Relations
Committee, urged the State Department to drop Blackwater as an Iraq contractor.
Blackwater founder Erik Prince is a former U.S.navu Seal and a major contributor to Republican Party
candidates. In resigning, he released a brief statement announcing he is stepping down to “focus his efforts on a
private equity venture unrelated to the company."

In a personal message sent to his employees and clients, Prince attempted to depict his departure as a natural
evolution. "As many of you know, because we focus on continually improving our business that Xe is in the
process of a comprehensive restructuring," he wrote. "It is with pride in our many accomplishments and
confidence in Xe's future that I announce my resignation as the company's Chief Executive Officer."

Blackwater's new name and Prince's resignation followed the State Department's announcement that it would
not be renewing Blackwater's security contract in Iraq. Blackwater still holds lucrative government contracts in
Afghanistan and elsewhere and is reportedly marketing "CIA-type services" to Fortune 1000 companies
through Prince's Total Intelligence Solutions.

The complaint alleges that Xe-Blackwater, “in addition to hiring persons known (or should have been known) to
use steroids and other judgment-altering drugs, has been hiring as mercenaries former military officials known
to have been involved in human rights abuses in Chile.”

It contends that “Xe-Blackwater knows that the former Chileans commandos hired by Xe-Blackwater received
amnesty from punishment for their wanton disregard of human rights in exchange for being forbidden from
taking part in any military or security activities in Chile.”

The suit also charges that “Xe-Blackwater has been hiring mercenaries from the Philippines, Chile, Nepal,
Colombia, Ecuador, El Salvador, Honduras, Panama, Peru, Bulgaria, Poland, Romania, Jordan and perhaps
South Africa.” Blackwater hired foreign nationals without regard for the fact that they were forbidden by the
laws of their country from serving as mercenaries,” the complaint says.

It also alleges that Xe-Blackwater employees “shredded an unknown number of documents that related to the
company’s criminal and civil legal exposures.”

Xe-Blackwater failed to take the appropriate steps in hiring proper personnel to perform services.” It failed to
properly screen personnel before their hiring; to train personnel properly; to investigate allegations of
wrongdoing; to reprimand for wrongful actions; to adequately monitor for and stop illegal substance abuse; and
negligently permitted repeated lawlessness by employees,” the lawsuit charges.

It also accuses The Prince RICO Enterprise of “willfully evading the payment of taxes during 2006 and 2007 by
hiding the proceeds from its illegal racketeering acts in offshore accounts, the complaint charges.
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