Thursday, October 06, 2005

A lawsuit by the widow of a policeman who was killed when bullets penetrated his bulletproof vest has led to a federal lawsuit and criminal investigation against that manufacturer. Turns out the allegedly defective vests were used by Secret Service, the President, and the First Lady:

Prosecutors have gathered documents showing that Second Chance was alerted as early as 1998 by the Japanese material maker, Toyobo Co., that Zylon had trouble maintaining its protective properties.

By 2001, Second Chance's research chief, Aaron Westrick, was pleading unsuccessfully with his company's president to replace the vests after his own tests showed them degrading, the memos show.

"Lives and our credibility are at stake," Westrick wrote then-Second Chance president Richard Davis in a Dec. 18, 2001, memo. "We will only prevail if we do the right things and not hesitate. This issue should not be hidden for obvious safety issues and because of future litigation."

Westrick urged Davis to "immediately notify our customers of the degradation problems," let those with pending orders cancel them and cease all executive bonuses to save money so the company could pay for a replacement initiative, the memo shows.

But Second Chance customers were not alerted to the problems until September 2003 _ after a California police officer was shot to death wearing the vest and a Pennsylvania officer was seriously wounded.

In the interim, the Secret Service paid $53,000 in 2002 to Second Chance for body armor, enough to equip the president and the security detail that protects him and other VIPs, federal procurement records show.

Legal professionals and government officials familiar with the inquiry confirmed Westrick's account about the Secret Service and Bush. They said the criminal investigation is in addition to a Justice Department lawsuit filed last summer that accuses Second Chance and Toyobo of fraud. The officials spoke only on condition of anonymity, citing grand jury secrecy.
While the purpose of lawsuits is to get compensation for the wronged, this situation illustrates how legal action can force changes -- or at least investigations -- that serve the greater good.

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