The news that a mysterious private security contractor has been hired to take control of a prison in the tiny Montana town of Hardin has set off some outlandish conspiracy theories -- like the notion that the deal represents the first wave of President Obama's plan to "have all major cities locked down" by the end of October.
But one related concern -- that the contractor, now calling itself the American Private Police Force, could take over law enforcement duties for Hardin -- turns out not to be far-fetched at all. Indeed, the agreement that APPF -- at the time known simply as American Police Force (APF) -- signed with city's economic development arm, the Two Rivers Authority (TRA), specifically provides for that possibility.
The notably bare-bones contract -- just 11 pages covering a deal to operate a prison -- was obtained last month by the Billings Gazette. It states:
[APPF] shall have the option to enter into a separate agreement with TRA for the purpose of constructing a law enforcement training center on the premises of the Two Rivers Detention Center and/or to provide additional law enforcement services to the TRA and/or the City of Hardin. (our itals)
For years, Hardin has been embroiled in a dispute with Big Horn County over its desire to provide its own law enforcement services, rather than relying on the county sheriff's office.
Around the same time last month that the contract was made public, the Gazette's Becky Shay -- now, after an abrupt career switch, APPF's beleaguered public relations rep -- reported:
[Company official Michael] Hilton said APF has proposed that, if Hardin creates a police department, the company would provide the initial officers and hire a local chief of police. APF has already purchased Mercedes vehicles that are being outfitted and will be available for patrol cars, Hilton said.The training center also could provide some officers to support the city, he said.
Soon after, APPF officials rolled into Hardin in those Mercedes vehicles -- SUVs, in fact -- sporting logos that said "City of Hardin Police Department." After that sparked concern among some residents, both the company and the TRA appeared to backtrack in their public statements, downplaying APPF's ambitions to take over law enforcement, and focusing exclusively on the prison project.
In other words, it was not far-fetched to imagine that a shady security contractor with a history of criminal fraud and alcoholism, who has released scant information about his company's background, could have been put in charge of a town's law enforcement operations.
That may be the scariest point of all in this entire episode.

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tctundra
October 5, 2009 7:46 PM
Apparently Zachary Roth and TPM don't have a lot of experience reading contracts - "shall have the option to enter into a separate agreement" does not mean "enters into an agreement..." This is essentially boilerplate language and does NOT "Let Shady Firm Provide Law Enforcement For Hardin." They are shady, and the contract is absurd and is likely to result in some job openings at TRA, but it is not a contract to provide law enforcement.
Less Fox news style sensationalism - you don't need to exaggerate to make this story interesting or absurd.
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destor23
October 5, 2009 8:29 PM in reply to tctundra
Yeah but how do you explain the paramilitary company's own spokespeople saying that if Hardin does form its own police force it wants its employees to join it? Or why they're buying cars to convert into police cruisers? It's clearly in their plans.
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Bill Cole
October 6, 2009 1:34 AM in reply to tctundra
That section (labeled 1.05) is indeed familiar to anyone who has dealt with complex outsourcing deals: it references a seperate (unavailable) MOU with the details. Slicing up a contract that way is useful and common, and the fact that reference to the option is in the master contract indicates that it is an important and substantive part of the MOU. It's not just an "option" in the normal sense of the word, it is (as the contract says) "pursuant to the memorandum of understanding." The implication is that this is a contingency that they've reached some level of agreement on which is significant enough to be nailed down.
Also, the 9/25 article in the BG makes it clear that Hilton was talking up the police outsourcing, playing on Hardin's long-running friction with the county sherriff's department (which does their policing now but apparently isn't well-loved.) The implication is that this was something he thought would be a selling point for whatever his scam was.
Of course, that's the real question: what was the scam? The contract doesn't have any obvious way for APF to grab a check and run. Maybe the MoU does? Other than hauling a few SUV's worth of equipment out of the jail, there's no obvious way for them to get revenue other than to engage in long-term activity that they seem unlikely to actually have any capacity for.
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Kropotkin
October 6, 2009 5:55 AM in reply to Bill Cole
It appears that the Lady Who Wore Two Hats, City and TRA attorney Becky Convery, might now be without a chapeau.
Becky Shay, on the other hand, still thinks she has a job, though I expect her "boss," "Michael Hilton" may be looking for a ship to stow away on to get back to Serbia. As far as I can tell, unless there is a plot with the potential to involve a far different conspiracy than has been heretofore publicized, and which I am investigating, this was pretty much a one man operation.
Convery, ousted Hardin ecodev director Greg Smith and TRA vice chair Al Peterson (sorry to say, also the school superintendent) traveled to So. Cal to "negotiate" a contract with "Hilton." They said that they met with APF "personnel" which may mean only "Hilton" and the attorney, unless "Hilton" hired a bit player to play the alleged project backer and arms merchant, "Daddy Warbucks," at the meetings.
Greg Smith also has announced his resignation, as of last night.
"Captain" "Hilton's" ship is sinking, and the rats are diving off the vessel.
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pqowieur
October 8, 2009 11:23 PM in reply to tctundra
Ok, maybe(?) it doesn't nail down an actual contractual agreement, but you can't deny that the contract is at least looking at the option of having APPF provide law enforcement to Hardin, and Shay's Gazette article, that Roth Quotes above, states Hilton intended to provide police chief, officers, (and even narcotics agents if you read the next sentences in the article). When people see that, then look at APPF's website, it's natural to be disturbed that a private group that offers military weapon sales and training may also "provide" people to be your local PD. The story is that TRA head, Smith, exceeded his authority, and entered into talks that included APPF providing Hardin law enforcement. (Conyers has been quoted by Gazette saying this lately). TRA/Hardin officials are claiming they didn't know/want that.
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ARG in Chicago
October 6, 2009 10:02 AM
I'm with Zach on this one. I think just the notion that a private company might become the police force for a city is very disturbing. (I posted on this in the more recent thread which informs us that the whole deal is on hold now.)
This is a line that should never be crossed, in my opinion. Private companies already provide traffic enforcement in some cities (which is a slippery slope).
The fact that this contract, with that language, ever got to this point, is highly disturbing.
-- ARG
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jeffgee
October 6, 2009 10:08 AM
Sounds like a great opportunity for Bernard Kerik!
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Buck Deluxe
October 6, 2009 10:41 AM
Have the lessons of RoboCop taught us nothing?
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