News

HUNTSVILLE, Ala. -- A federal bribery and political-influence investigation at the Army Space and Missile Defense Command here is turning a harsh new light on companies that lobby Congress for no-bid defense contracts.

Two former missile-command officials pleaded guilty early this year in federal court in nearby Birmingham to public-corruption and conspiracy charges. Their plea agreements detail a conspiracy in which politically connected defense contractors that lobbied for congressional funding, called earmarks, bribed the officials to steer the funds to sham subcontractors.

Charges under seal in the same court allege a conspiracy among at least four defense contractors doing business in Huntsville, according to lawyers and witnesses close to the case. Because the case is under seal, the contractors haven't been publicly identified.

Investigators also are looking into whether the contractors' lobbying and political ties played roles in earmarks awarded to the Army command and its contractors.

Separately, federal agents are reviewing allegations that another Huntsville defense contractor broke the law by repaying executives for political contributions to lawmakers who granted their company's earmarks, the witnesses and lawyers close to the case said.

Lt. Gen. Kevin Campbell, who runs the Army missile command, said through a spokesman that he couldn't comment on the role of political influence there because of the investigation. But in an internal memo sent to command officers after the first indictments, he ordered new oversight of congressional earmarks and banned staff from direct contact with Congress without prior command approval.

Much of the criticism of earmarks has centered on whether they waste public funds. But the Hunstville investigations show another risk: that earmarks invite problems -- even corruption -- because they are subject to less oversight and often are awarded without competitive bidding.

And it isn't illegal for politicians to use earmarks to reward campaign contributors.

Use of earmarks has ebbed over the past three years following promises by leaders of both parties to curtail the practice. Still, they remain prevalent. Nearly 12,900 earmarks, worth $18.3 billion in all, were included in the $1.4 trillion in spending approved by Congress for fiscal 2008, according to Taxpayers for Common Sense, a nonpartisan Washington group that tracks government spending.

The Army Space and Missile Defense Command awards some $500 million a year in research work. In some years as much as one-third of the funds is directed by members of Congress through earmarks or other means to contractors in this military boomtown.

In January, missile-command executive Michael Cantrell, 51 years old, admitted he accepted $1.6 million in bribes and payments from contractors for construction of a house in Huntsville. His 48-year-old deputy, Doug Ennis, admitted a role in the conspiracy in February, including accepting a suitcase with $75,000 in cash at Reagan National Airport in 2004.

Both men are cooperating with prosecutors, and more indictments are expected. Alice Martin, the U.S. attorney for northern Alabama, said the investigation has revealed "a massive procurement-fraud scheme."

The investigation highlights the coziness between contractors, lawmakers and the military officials who award funding. Many contractors here routinely contribute to U.S. Sen. Richard Shelby and Rep. Terry Everett, both Republicans, and Rep. Robert "Bud" Cramer, a Democrat, and they have sought earmarks or other funding from them. The contractors employ former congressional staff members.

These lawmakers defend their earmarks and deny any link to contributions. Lawmakers say earmarks can serve local needs overlooked by federal agencies, such as construction of an exit ramp. They defend their right to accept contributions from business executives, even those who benefit from earmarks.

Sen. Shelby, whose Defend America political-action committee has received hundreds of thousands of dollars from Huntsville defense contractors, said contributors aren't given special treatment. He says he prioritizes projects of merit that promote the national security. "I don't back any projects -- general programs or earmarks -- that the military services and federal agencies do not support," Sen. Shelby wrote in a statement.

While the companies being investigated in the Huntsville inquiry haven't been publicly charged or identified, witnesses and others close to the case point to at least three companies doing business there: Vicus Technologies LLC of Kennebunk, Maine; Innovative Business Solutions Inc. of Glenn Allen, Va.; and Maximum Technologies of Huntsville. People involved said Maximum appears to have been an unwitting participant. Each has received millions of dollars in earmarks.

Another focus of the criminal investigation is a longtime defense contractor, Maurice Subilia, former president of Fiber Materials Inc., a Maine composite-materials manufacturer. Federal investigators believe a contractor conspired with missile-command officials to direct earmarked funds to affiliates in Huntsville and elsewhere, according to court documents. People close to the matter identified the contractor as Mr. Subilia. His attorney, Toby Dilworth, Portland, Maine, said Mr. Subilia declined to comment.

Vicus and its chief executive, Paul Hurlburt, also declined to comment, Mr. Dilworth said. An attorney for Innovative Business Solutions, Tim Heaphy, also declined to comment. A Maximum executive said the company had been unaware of the issue and has cooperated with prosecutors.

Mr. Ennis has told investigators that some earmark-funded contracts were of little value to the Army and that some companies did little work under these contracts. For example, the same prototype carbon-fiber nose-cone assembly was delivered more than once for different contracts, according to Mr. Ennis's attorney, Walter Braswell. Mr. Ennis kept the nose cone in his garage so the company couldn't submit it again under the next contract, Mr. Braswell said.

Mr. Ennis has cooperated with prosecutors, who are examining "not only his employer in Huntsville but activities in other states," including lobbyists and campaign donors, Mr. Braswell said.

"It's a system that invites waste and abuse," said James Sturdivant, Mr. Cantrell's attorney. "Even if it's legal."

In the 2008 defense-spending bill, members of Congress gave $1 million more to Vicus and $2.4 million to Maximum. As is typical with earmarks, the Pentagon didn't request the work.

Many Huntsville contractors complain that earmarks distort the competitive process. Ron Klein, chief executive of Belzon Inc., a small federal contractor, said that when a company makes a campaign contribution and then gets funding for a contract, "they don't always have in mind the best interests of taxpayers or soldiers."

Write to John R. Wilke at john.wilke@wsj.com


Date Title
4/30/08 Young defends Coconut Road, accuses Mack
4/30/08 Oberstar Anticipates $450 Billion Highway Bill In 2009
4/30/08 Witnesses cite prostitution, other contracting abuses in Iraq
4/30/08 Audit shows $1.6M snafu at WNESU
4/30/08 City councilors seek more travel money, better perks as property taxes set to rise
4/30/08 Cleaning up
4/30/08 Hiring leaps in public sector
4/30/08 Reid pushes breast cancer bill, but can’t defeat minority of one
4/30/08 Young fires back at Parnell
4/30/08 Interior Department Probing Alaska Celebration
4/30/08 GOPer: WTC train will go 'nowhere'
4/29/08 Fairgrounds wins federal grant
4/29/08 New rule allows federal travelers to fly on most European airlines
4/29/08 Council stops interchange dead in its tracks
4/29/08 Clinton: $2.3B in earmarks
4/29/08 Friends of the Earmark Make Themselves Heard
4/29/08 Beach erosion threatens parts of Pawleys Island
4/29/08 Young, Jefferson quiet as Coconut Road earmark nears vote in House
4/28/08 Mower, Mitchell counties shirk State Line Road project
4/28/08 Transportation Chief Peters Backs Congestion Pricing
4/28/08 As Congress retreats on efforts to eliminate baby AIDS, a new study finds few pregnant women with HIV in poorer countries receiving treatment
4/28/08 House Set to Consider Coconut Road Bill on Suspension Calendar
4/28/08 What Does It Mean To Be Alive?
4/28/08 IYRS’ mill rehab attracts $500K in federal aid
4/27/08 Air Force is focus of more contracting probes
4/26/08 Mr. Young Wants Another Road
4/25/08 FAA removes managers in flap over cover-up of air safety errors
4/25/08 Black's lobbying firm billed clients $8.1 million last year
4/25/08 CIETC: Tesdell 'devastated'; Albritton lashes out
4/24/08 Former Metro Official Is Charged With Theft
4/24/08 Lobbyists fight for transpo earmarks
4/24/08 Grant lets teachers learn while on the road
4/24/08 Allard Secures Centennial Project Funding for Rocky Mountain National Park
4/23/08 Young Cries Foul After Senate Calls for Investigation
4/23/08 PI beach erosion continues to worry officials
4/23/08 Next town may break agreement
4/23/08 Federal grants available for public shooting-range projects
4/23/08 Two tracts of forest preserved
4/23/08 Report details Cleburne misuse of funds, criticizes officials
4/23/08 Transport officials say paying cash to bid losers justified
4/22/08 House Speaker Pelosi OK with bill's language on Young
4/22/08 New Climate Change Lab for New Mexico?
4/22/08 Trail expands along Skunk Creek
4/22/08 O.C. dredging project to help beaches and boaters
4/22/08 Destin dredging a drop in the ocean, captains say
4/22/08 Knik Arm bridge: Keep funding?
4/21/08 Brent Batten: Taking off (on) a pair of rants
4/21/08 Here's a reason to eliminate pork barrel projects: veterans
4/21/08 The Road to Somewhere Shady
4/21/08 Obscure Florida road leads Young into controversy
4/20/08 DoD travel system glitches won’t be fixed till 2011
4/20/08 Miami Beach Teen club gets $680,000 grant
4/20/08 Monkey love may be in air
4/19/08 Schumer proclaims his support for walkway project
4/18/08 Editorial: NOAA's acquiescing to state stand on fishing aid just makes sense
4/18/08 State takes first step to build new Shishmaref
4/18/08 JSU continues medical school feasibility study
4/18/08 Fishing For Your Tax Dollars
4/17/08 CREW Criticizes Senate Vote Asking for Dept. of Justice Investigation of Coconut Road Earmark
4/17/08 Coconut Road earmark sprouts into full-fledged debate in Congress
4/17/08 Congress May Seek Criminal Probe of Altered Earmark
4/17/08 Earmark Probe Snags Senate
4/16/08 The Coconut Road Affair - How To Investigate A Crooked Earmark
4/16/08 Reid wants DOJ probe of Coconut Rd.
4/16/08 Rivals Back Fla. Earmark Probe
4/16/08 New life for high-speed train from California
4/16/08 Young's legal fees surpass $1 million
4/16/08 CONGRESSMAN: Shays gets earful at Ridgefield meeting
4/16/08 Andrews backs funds for wife's school
4/16/08 Reyes denies donations, contract linked
4/16/08 Money a motivator in I-75 earmark?
4/16/08 Senator wants criminal probe of Young earmark
4/16/08 Tough talk from Washington lawmakers about resolving Coconut Road earmark
4/16/08 Senate divided over response to Florida earmark
4/15/08 Coconut Road earmark investigation gains major momentum in Congress
4/15/08 Florida Lawmakers Dispute Need for $10 Million Earmark for Local Road
4/15/08 Palm Beach Mayor Jack McDonald details highs, lows of coastal challenges
4/15/08 Ex-Director of Smithsonian Latino Center Solicited Gifts and Tickets, Report Says
4/14/08 BHM receives $22M federal grant to buy land
4/14/08 Readers don't like earmarks
4/14/08 Defense Firm Forged Close Ties To Congress to Get No-Bid Contracts
4/14/08 CIETC whistleblower testifies of warnings by agency executives
4/14/08 Current record
4/13/08 Landrieu gets BR bike path $1 million
4/13/08 Polygamist sect received taxpayer cash
4/12/08 State, feds on collision course over fishing aid
4/12/08 Welch announces underpass funds
4/11/08 EPA $100K grant to help make nail salons safer for patrons and workers in King County
4/11/08 Federal states Lynchburg can’t repay self for Bluffwalk
4/11/08 Earmarks don't always go for needs back home
4/11/08 Money a motivator in I-75 earmark?
4/11/08 IG investigations save $16B in ’07
4/10/08 City impatient for progress on industrial land
4/10/08 Brewer: DOT plans changes for Cianbro entrance
4/10/08 Should Port Sonoma ferry be part of county’s transportation plan?
4/10/08 Officials: Connector not a priority
4/10/08 U.S. senator wants probe of Coconut Road earmark
4/9/08 Oak Lawn to hire lobbyist
4/9/08 Funding Secured for N-F Train Station
4/9/08 Police chief pursues calm
4/9/08 House Ethics Panel Says Lawmakers Can Become Lobbyists Behind Scenes
4/9/08 Federal Credit Cards Misused
4/9/08 Campus Construction Continues Despite Economy's Woes
4/9/08 Witness discusses Stipe’s brother
4/8/08 Rep. Young's earmarks help his children's employers
4/8/08 Officials feel good about lobby trip
4/8/08 Restoration cost may fall on property owners
4/8/08 Double Duty Dredging
4/8/08 Waterfront progress in Gardiner
4/8/08 Rising travel costs aren’t keeping feds at home
4/7/08 Canal spoils pledged to Sandwich
4/7/08 Lawmakers pad transportation package, but drop Ketchikan bridge money
4/7/08 Coburn Comes Calling
4/7/08 Pork Barrel Remains Hidden in U.S. Budget
4/7/08 Ky. lawmakers finds money for projects
4/6/08 Hurkes, Heilmann feud blows up again
4/6/08 Investigators Review VA Credit Charges
4/6/08 Sand Wars Who owns the sand? Ongoing battle may delay solutions for Plum Island
4/6/08 Flooding D.C. with requests for help
4/5/08 Cash sits unclaimed with state
4/4/08 Palin takes $58 million from lawmakers' projects
4/4/08 Senate GOP earmark plan hits hurdles quickly
4/4/08 Monon Trail extension in early stage
4/4/08 Art center project picks up $400K
4/4/08 Maine leaders trading 'pork' for lobster
4/4/08 Rehberg pushes for more funding for Museum of the Plains Indian
4/4/08 Meet Congress' "King Of Pork"
4/4/08 Dredging to get under way in East Pass
4/4/08 Phony Allocations by City Council Reported
4/3/08 Exactly how much housework does a husband create?
4/3/08 Exactly How Much Housework Does a Husband Create?
4/3/08 City of Aurora restores 1840s house—now it's up for sale
4/3/08 NASA Glenn Research Center's technology transfer program running out of money
4/3/08 Senators decry NOAA's 'fee' from $13.4 million earmark
4/3/08 Feds reimburse Manatee for beach project
4/3/08 Newport Hires a Lobbyist to Secure Dredging Funds
4/2/08 CAGW’s 2008 Pig Book Digs Up $17.2 Billion in Pork
4/2/08 Double Duty
4/2/08 State money allegedly spent on boat, cruise
4/2/08 Six face charges of Medicare fraud
4/1/08 STA lobbies for transportation funds in D.C.
4/1/08 Congress Forgets Ban on Pet Projects
4/1/08 Another FBI Approps Hearing, Another Recusal By Mollohan
4/1/08 Editorial: Lights, no action on Highway 70
4/1/08 Tybee Island Re-nourishment - More Money From Business
4/1/08 Inside The National Debt Control Room
4/1/08 Sidewalks to get makeover
4/1/08 GAO: Weapons systems over budget, overdue, underperforming
4/1/08 Inventor on trial for fraud in his fuel research