"When they took that word 'armored' out, Blackwater was able to save $1.5 million in not buying armored vehicles, which they could then put in their pocket," says attorney Miles. "These men were told that they'd be operating in armored vehicles. Had they been, I sincerely believe that they'd be alive today. They were killed by insurgents literally walking up and shooting them with small-arms fire. This was not a roadside bomb, it was not any other explosive device. It was merely small-arms fire, which could have been repelled by armored vehicles."

Before Helvenston, Teague, Zovko and Batalona were ever sent into Falluja, the omission of the word "armored" was brought to the attention of Blackwater management by John Potter, according to the families' lawyers. They say Blackwater refused to redraft the contract. Potter persisted, insisting that his men be provided with armored vehicles. This would have resulted in Blackwater losing profits and would also have delayed the start of the ESS job. According to the suit, Blackwater was gung-ho to start in order to impress ESS and win further contracts. So on March 24 the company removed Potter as program manager, replacing him with McQuown, who, according to the families' lawyers, was far more willing than Potter to overlook security considerations in the interest of profits. It was this corporate greed, combined with McQuown's animosity toward Scott Helvenston, which began at the training in North Carolina, that the families allege played a significant role in the deaths of Helvenston and the other three contractors.

Scott Helvenston and his team were to deploy to Iraq on March 29. But late on the evening of March 27, McQuown called Helvenston and told him that he needed to pack his things immediately, that he would be leaving at 5 am with a completely different team. According to the lawsuit, "It was virtually unheard of to take a single person, like Scott Helvenston, and place him on a different group with whom he had never trained or even met." Helvenston resisted the change. Several other contractors stepped forward, offering to go in his place. McQuown refused to allow it.

Later that night, according to Scott's mother, McQuown came up to Helvenston's hotel room. "He was told at that time that he was not going to be doing security for the ambassador, Paul Bremer, and he was going to escort a convoy of trucks to pick up kitchen equipment. And Scott says, 'You're nuts,' you know, he says, 'I'm not goin' in there to Falluja. You're out of your mind. That's not what I was hired to do.' And at that point McQuown apparently told him that if he didn't do it, he would be fired immediately. He would have to reimburse any monies that had been paid to him, and he was on his own to get home. Well, that left Scott no choice. So the next morning they were off."

The night before he left, Helvenston sent an e-mail to the "Owner, President and Upper Management" of Blackwater, subject: "extreme unprofessionalism." In this e-mail, obtained by The Nation, he complained that the behavior of McQuown (referred to as "Justin Shrek" in the e-mail) was "very manipulative, duplicitive [sic], immature and unprofessional." He describes how his original team leader tried to appeal to Shrek not to reassign him, but, Helvenston wrote, "I think [the team leader] felt that there was a hidden agenda. 'Lets see if we can screw with Scott.'" Those were some of the last words Helvenston would ever write.

Callahan says that if Blackwater and McQuown had done in the United States what they are alleged to have done in Iraq, "There would be criminal charges against them." What happened between McQuown and Helvenston was no mere personality conflict. "Corporations are fictional entities--they only act through their personnel," explains Miles. "You need to show intent. You need to put a face on these acts. With regard to the wrongful death of these four men, that face is Justin McQuown of Blackwater." The company refused to comment on the case, but McQuown's lawyer, William Crenshaw, told The Nation there are "numerous serious factual errors" in the lawsuit, saying, "On behalf of Mr. McQuown, we extend our sincerest sympathies to the families of the deceased. It is regrettable and inaccurate to suggest that Mr. McQuown contributed in any way to this terrible tragedy."

On March 30, 2004, Helvenston, Teague, Zovko and Batalona left Baghdad on the ESS security mission. The suit alleges that there were six guards available that day, but McQuown intervened and ordered only the four to be sent. The other two were kept behind at Blackwater's Baghdad facility to perform clerical duties. A Blackwater official later boasted, the suit says, that they saved two lives by not sending all six men.

The four men were, in fact, working under contracts guaranteeing that they would travel with a six-person team. But their personal contracts also warned of death and/or injury caused by everything from "civil uprising" and "terrorist activity" to "poisoning" and "flying debris." In filing its motion to dismiss the lawsuit, Blackwater quoted from its standard contract, insisting that those who sign it "fully appreciate the dangers and voluntarily assume these risks as well as any other risks in any way (whether directly or indirectly) connected to the Engagement."

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