Those Ever Popular “Missing Files”

Posted on September 27, 2012. Filed under: KBR |

17th in the series The Great Cluster Fu…   A treatise on questionable journalism and pre-litigation practices


Your words for the day:

  • missing = not present in an expected place
  • critical = absolutely necessary for something
  • jump to a conclusion = to form an opinion or judgement hastily

Raiznor’s goal here is to instill the idea of cover-up and lying about what was at SADDAM HUSSEIN’S water plant. 

Therefore, it is important to Raiznor that some unidentified, preferably unidentifiable, files be missing so he can claim that they are critical.  But, if they are in fact missing, how can he know whether they are critical?  If he doesn’t know what they are, how can he subpoena them?  No need to bother your jury-minded self about that; he “said” they are critical, so they “must be” critical.  Ergo, WE GOT A COVER UP IN PROGRESS !!


The set-up:  K. T. (maybe that’s K.Y. – Sparky has shown she can’t get all the facts straight) Tseng testified that he went to SADDAM’S water plant several times in ’03, and, in keeping with his job duties, sent in reports.  The reports that KBR provided to refresh his mind for the deposition session made him “happy with what I saw.”  In the several times he went to SADDAM HUSSEIN’S water plant, he saw no chemicals, nor did he see evidence of chemicals.

Doyle’s query:  “Were you shown all the files you sent in?”  K.T.’s response:  “No.”

DOYLE’S UNCALLED FOR and SPLICED-IN claim:  “KBR is still missing critical files.”

The hot button inference:  KBR is hiding/destroying/withholding files needed to prove negligence (i.e., a delay in reporting SADDAM HUSSEIN’S spill), much like those financial scam principals who diligently (allegedly) set about destroying files.

Here are questions Raiznor DID NOT ask, so Tseng couldn’t answer them.  NOT TO WORRY.  I’ll ask them…   and answer them for Tseng:

  • What other reports did you send in?  (Other crap.)
  • What files were you not shown?  (Other crap.)
  • Why did they not show them to you?  (They…   ?!  …did not fit the parameters of your subpoena !??)
  • Were those un-shown files pertinent to what I am asking about?  (???   …what part of “other crap” do you NOT understand?)
  • Were you shown all the files that my subpoena said you were going to be questioned about?  (As far as I know.)

Super Dan then asked the loaded, highly presumptive, and speculative question, “Was there any legitimate reason why those files were not maintained?”  Now, K. T. did not say that those files were not maintained; simply that he was not shown all the reports that he sent in.  Danny boy them glibly penciled in “files were missing,”  “files were critical,”  “files were not maintained,” referring to his own editorial descriptors as though they were sworn testimony.  There was ample opportunity here for K.T. to walk right into that trap and say something Super Dan could further twist to his advantage.  But, K. T. rose to the challenge and delivered a super answer that ol’ Doyle didn’t bother to pursue.

So, here, I offer a toast to K. T. (or K. Y.) Tseng for shutting Super Dan’s mouth (using, of course, a red wine from Georgia — the country, not the state):

  • To K. T.’s super answer, an off-handed, and, by now, disinterested, “I DID NOT ASK!”  Bravo, K. T.

One thing not brought out in the so-called deposition is the real nightmare involved in maintaining and retrieving files from the archives of a global corporation such as KBR.  To get an idea, lets use the example of your purchase of a vehicle on a three-year contract.  The vehicle cost, with interest for the loan period, is $25,000.  With gasoline, repair costs, regular maintenance costs, and insurance costs you have put in about $45,000 for your 3-year contract.  For this you have amassed somewhere around 750 documents (some with multiple pages) for all your expenses, policies, contract terms, claim forms, proof of insurance, etc.  It doesn’t sound like a lot of documents to file, but — for comparison — SADDAM HUSSEIN’S water plant contract was around 1 billion dollars.  That kind of money will get you about 22,300 vehicles like yours, each generating that 750 documents over the contract term.  That comes to about l,500,000-plus documents you  have to process and file to your archive.

That 1.5 million documents does not include certification documents from each sub-contractor involved in building, maintaining and financing your vehicles, as KBR would have been required to have.  Nor does it include weekly expense or use reports  (with duplicates of previously mentioned receipts) from the operators of the vehicles.  [Let’s see;  11,000 reports per week (we’ll assume that half of those vehicles are in the motor pool at any one time), 156 weeks = WOWWW!  An additional 1.7 million documents.

Total document guesstimate:  3.2 million documents just for one 1-billion dollar contract.  KBR lives by contracts and has many such during a single year.  For archiving purposes, think Indiana Jones:  Raiders of the Lost Ark, final scene:  a large warehouse filled with  stacked pallets of file boxes.

Now, if Super Dan (or one of his ilk) should ask you 5 years after you have stashed all that paper for a few documents from a specific time period, would you be surprised if you didn’t locate some of those documents?  Neither would Super Dan, but he’ll sure make hay out of it.

Next up:  The sky is falling!  Chicken Little, where are you?

Series references:  KBR, Mary L. Wade, Ms. Sparky, Doyle Raiznor, Qarmat Ali, litigator

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