TigerSwan is an international security and global stability firm founded in 2008 by retired U.S. Army lieutenant colonel and Delta Force operator James Reese.
58-628: TigerSwan is a Service-Disabled Veteran-Owned Small Business based in Apex, North Carolina . The company operates globally. Founder James Reese served in the elite Delta Force unit. He started his career as an ROTC cadet and served in the United States Army for 25 years. Reese was an adviser, commander, and operations officer during the invasions of Afghanistan and Iraq . The company has over 300 employees and conducts operations in over 50 countries. The TigerSwan firearms training center
116-425: A white flag and then firing when their enemy approaches to take prisoners (cf. perfidy ); a company representative who negotiates with union workers while having no intent of compromising; a prosecutor who argues a legal position that he knows to be false; and an insurer who uses language and reasoning which are deliberately misleading in order to deny a claim. In philosophy, after Jean-Paul Sartre 's analysis of
174-556: A consequence of the disability. These benefits include government assistance for entering the federal procurement marketplace. To achieve that objective, section 15(g) of the Small Business Act (15 U.S.C. 644(g)) provides that the president must establish a goal of not less than 3 percent of procurement expenditure for participation by service-disabled veteran owned businesses in federal contracting, and section 36 of that Act (15 U.S.C. 657f) gives agency contracting officers
232-403: A creationist has a project to get into heaven, and a racist with feelings of personal inadequacy may have a project to be superior or to have power over some others. The project may create self-deception without conscious thought, as a tropism creates action without conscious thought. A project may be selfish, and overwhelm reason from facts, though its consequences are not directly intentional. But
290-447: A hypochondriac has a complaint with no physical symptom. Bad faith can exist not only in an individual, but in entire systems of knowledge. Within the pseudoscience of racial eugenics, bad faith is proposed to be a motivator for self-defensive action against an objectified race of people to justifiably uphold a desire for racial supremacy; e.g., a minority group of whites who believe that blacks are inferior in bad faith to motivate
348-664: A lawsuit against the United States in Federal Court alleging breach of contract due to improper termination. The dispute was over two contracts that were awarded by the Department of Defense for Iraq-based security services. The DoD initially awarded the contracts to TigerSwan, but then terminated the contracts and awarded them instead to the British private military company Aegis Defence Services . The Court denied
406-467: A man is the dominant party in a marriage by the will of God; Simone de Beauvoir labels such women "mutilated" and " immanent ". Simone de Beauvoir developed modern conceptions of bad faith and modern feminism together in her book The Second Sex . Bad faith is important to the concept of original position in John Rawls ' theory of justice , where mutual commitment of the parties requires that
464-606: A member of the Financial Industry Regulatory Authority (FINRA). VETS-GWAC Bad faith#In law Bad faith ( Latin : mala fides ) is a sustained form of deception which consists of entertaining or pretending to entertain one set of feelings while acting as if influenced by another. It is associated with hypocrisy, breach of contract, affectation, and lip service. It may involve intentional deceit of others, or self-deception . Some examples of bad faith include: soldiers waving
522-438: A memo about VETS GWAC dated July 10, 2007, for chief acquisition officers and senior procurement executives. The memo strongly calls for agency participation in the use of VETS GWAC as a way of meeting the top priority of increasing opportunities for small businesses owned and controlled by service-disabled veterans. Mischler Financial Group Inc. was the first federally certified service-disabled veteran-owned business to become
580-549: A record punitive award of CAD $ 1 million when an insurance company pressed a claim for arson even after its own experts and adjusters had come to the conclusion that the fire was accidental. The company had been advised by legal counsel that the desperate insured parties would be willing to settle for much less than what they were owed. Central to feminism is the idea that women are systematically subordinated, and bad faith exists when women surrender their agency to this subordination, e.g., acceptance of religious beliefs that
638-431: A refusal to respond to a claim in any way. Courts can award punitive or exemplary damages , over and above actual damages against any insurance company which is found to have adjusted a claim in bad faith. Such damages may be awarded with the aim of deterring such behavior among insurers in general, and may far exceed the amount of the damage due under the insurance policy . In Canada , one case of this type resulted in
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#1732776613435696-490: A role leading to discussions of bad faith. It has a role in ethics by an analysis of the structure of will , valuing, happiness, and care for others (in empathy and sympathy ). Phenomenologist Heidegger discussed care, conscience , and guilt , moving to "authenticity", which in turn led to the feminism of Simone de Beauvoir and the existentialism of Jean-Paul Sartre , both based on phenomenology's considerations of authenticity and its role in bad faith. Sartre analyzed
754-530: A subjective state of mind ... motivated by ill will ... or even sinister purposes ." The current standard legal definition of "bad faith" in the law of England and Wales is that of Lindsay J in Gromax Plasticulture Ltd. v. Don and Low Nonwovens Ltd : Plainly it includes dishonesty and, as I would hold, includes also some dealings which fall short of the standards of acceptable commercial behaviour observed by reasonable and experienced men in
812-402: Is authentic . "Authenticity" is being faithful to internal rather than external ideas. Bad faith in ethics may be when an unethical position is taken as ethical, and justified by appeal to being forced to that belief as an excuse, e.g., by God or by that person's natural disposition due to genetics, even though facts disconfirm that belief and honesty would require it. Phenomenology plays
870-508: Is a concept in negotiation theory whereby parties pretend to reason to reach settlement, but have no intention to do so. For example, one political party may pretend to negotiate, with no intention to compromise, for political effect; for instance, extracting concessions in negotiating over legislation in order to weaken it, while intending from the beginning to vote against the compromise. Bad faith in political science and political psychology refers to negotiating strategies in which there
928-459: Is both the liar and the victim of the lie. The contradiction is that a person in bad-faith self-deception believes something to be true and false at the same time. Freudian psychoanalysis answers how bad faith self-deception is made possible by postulating an unconscious dimension of our being that is amoral, whereas the conscious is in fact regulated by morality, law, and custom, accomplished by what Freud calls repression . The true desires of
986-462: Is excessive wrongdoing, there is a general unwillingness to question these unchosen loyalties, and this exhibits bad faith as a type of lack of integrity . Once we have such loyalties, we are resistant to their scrutiny and self-defensively discount challenges to them in bad faith. In the philosophy of patriotism (loyalty to one's country) bad faith is hiding from oneself the true source of some of one's patriotic beliefs, such as when one fights for
1044-414: Is no real intention to reach compromise, or a model of information processing . The " inherent bad faith model " of information processing is a theory in political psychology that was first put forth by Ole Holsti to explain the relationship between U.S. Secretary of State John Foster Dulles ' beliefs and his model of information processing. It is the most widely studied model of one's opponent. A state
1102-781: Is not saying that all moral statements are bad faith. What he is saying is that if Mackie is correct, and somebody believes that Mackie is correct, then that person will be guilty of bad faith whenever he makes a moral statement. In law, there are inconsistent definitions of bad faith, with one definition much more broad than used in other fields of study discussed in the above sections. Black's Law Dictionary equates fraud with bad faith. But one goes to jail for fraud, and not necessarily for bad faith. The Duhaime online law dictionary similarly defines bad faith broadly as "intent to deceive", and "a person who intentionally tries to deceive or mislead another in order to gain some advantage". A Canadian labor arbitrator wrote, in one case, that bad faith
1160-518: Is possible is that one such subunit deceives the other. In humanistic psychology , recognition of bad faith in one's own acts by the actor results in guilt and regret . Psychologists have examined the role of bad faith in psychologists overseeing and directing torture , when they know that it is wrong, e.g., in the Guantanamo detention center. There is controversy as to whether propositions made in bad faith are true or false, such as when
1218-422: Is possible. Sartre calls "bad faith" a kind of project of self-deception. In order to produce excuses, bad faith first takes a third-person stance toward itself. When it becomes necessary to elude this stance it has made of itself, it then adopts the first-person perspective. In neither case can the deception fully succeed. Without these two facets of existence, if consciousness was unitary and not divisible, as in
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#17327766134351276-671: Is presumed to be implacably hostile, and contra-indicators of this are ignored. They are dismissed as propaganda ploys or signs of weakness. Examples are John Foster Dulles' position regarding the Soviet Union, or Israel's initial position on the Palestinian Liberation Organization . Bad faith is associated with being double minded, or of divided loyalty. (See theology section above .) The philosophy of loyalty examines unchosen loyalties, e.g., one does not choose one's family or country, but when there
1334-401: Is related to rationality in reasoning, as it is used in other fields, but is ill-defined in the law. The concept of bad faith is likely not capable of precise calibration and certainly has not been defined in the same way by all adjudicators. At its core, bad faith implies malice or ill will . A decision made in bad faith is grounded, not on a rational connection between the circumstances and
1392-553: The 2014 Sochi Olympics , TigerSwan provided security for members of Olympic committees , corporate sponsors, and sports fans traveling to Sochi. They said they could pinpoint a client's location within a 3 foot radius using a GPS device provided to their clients. TigerSwan was hired by Dakota Access, LLC to provide security consulting during the Dakota Access Pipeline protests . Internal company documents, which were leaked to The Intercept , reportedly compared
1450-552: The Federal Acquisition Regulation (FAR) requires federal agencies to actively encourage their prime contractors to use VOSBs as subcontractors. The office who receives and sets aside SDVOSB contracts has no ability to award contracts, the requested percentage of such contracts is significantly lower than it should be. A number of memos and orders have been issued to correct this trend. The Administrator of Office of Federal Procurement Policy (OFPP) issued
1508-563: The Act and upon a regard to all material surrounding circumstances. Insurance bad faith is a tort claim that an insured may have against an insurer for its bad acts, e.g. intentionally denying a claim by giving spurious citations of exemptions in the policy to mislead an insured, adjusting the claim in a dishonest manner, failing to quickly process a claim, or other intentional misconduct in claims processing. Insurance bad faith has been broadened beyond use in other fields to include total inaction,
1566-464: The Nazis organization did in holding their beliefs to justify their eugenics and genocide . Jean-Paul Sartre described one kind of bad faith as claiming a direction from a non-existent deity or using religious authority to take unethical positions or espouse untrue beliefs. The Catholic Church does not consider everyone with heretical views to have bad faith: for example, people who earnestly seek
1624-547: The SDVOSB, subject depository funds will be issued back to the performing SDVOSB at the end of the 12-month calendar performance period at 0% interest in favor of the U.S. Government. For a veteran who becomes disabled while in military service, the US Government has deemed it its moral obligation to provide the disabled veteran a range of benefits designed to ease the economic and other losses and disadvantages incurred as
1682-561: The Veterans Government-wide Acquisition Contracts (VETS-GWAC) issued in accordance with Executive Order 13360, which is designed to strengthen federal contracting opportunities for SDVO firms. The current VETS contract (VETS 2) runs from 23 February 2018 to 22 February 2028. This program has a ceiling of $ 5 billion. While this money is set aside by the Office of Federal Procurement it is up to
1740-404: The action of a person hiding the truth from him- or herself. That "the one to whom the lie is told and the one who lies are one and the same person, which means that I must know the truth, in my capacity as [the] deceiver, though [the truth] is hidden from me in my capacity as the one deceived"; thus, in the praxis of bad faith, "I must know that truth very precisely, in order to hide it from myself
1798-404: The active military, naval, or air service, and who was discharged or released under conditions other than dishonorable ". Service Disabled: With respect to disability , that such disability was incurred or aggravated in line of duty in the active military, naval, or air service. An injury or disease incurred during military service will be deemed to have been incurred in the line of duty unless
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1856-523: The authority to reserve certain procurements for service-disabled veteran-owned businesses. Subsequently, President George W. Bush issued Executive Order 13360 on October 20, 2004. The Executive Order was issued "to strengthen opportunities in Federal contracting for service-disabled veteran businesses". Veteran-Owned small businesses (VOSBs) without the service-disabled element are not eligible for sole source contracts and procurement set-asides, but
1914-563: The belief that there is something intrinsically good in itself, which is inherent in the world as absolute value and is discoverable by people, the " spirit of seriousness ", which he argued leads to bad faith. He argued that people fall into the spirit of seriousness because they take their values too seriously, and forget that values are contingent, chosen and assigned subjectively. In Sartre's words, "the spirit of seriousness has two characteristics: it considers values as transcendent givens , independent of human subjectivity, and it transfers
1972-405: The camps and TigerSwan posted fake social media posts opposing the pipeline. Lower Brulé Sioux Historian Nick Estes has argued that TigerSwan took part in anti-black racism during situation report briefings with local law enforcement carried out through aerial photography of Water Protector camps at Standing Rock: "In one situation report, an image of a gorilla is superimposed atop the camp. This
2030-403: The camps were a place of death, a place to be destroyed, a place that threatened to expose the illegitimacy of settlement." TigerSwan is currently being sued by North Dakota’s Private Investigative and Security Board for operating without a license in the state in 2016 and 2017, during which time TigerSwan was working for Dakota Access, LLC. TigerSwan denies the charges. In 2013, TigerSwan filed
2088-467: The concepts of self-deception and bad faith, the latter concept has been examined in specialized fields as it pertains to self-deception as two semi-independently acting minds within one mind, with one deceiving the other. Bad faith may be viewed in some cases to not involve deception, as in some kinds of hypochondria with actual physical manifestations. There is a question about the truth or falsity of statements made in bad faith self-deception; for example,
2146-458: The disability was caused by the veteran's own misconduct or abuse of alcohol or other drugs , or was incurred while absent without permission or while confined by military or civilian authorities for serious crimes. Such disability does not require a minimum rating to be considered. A veteran with a 0 to 100% disability rating is eligible to self-represent as a Service-Disabled Veteran for Federal contracting purposes. Security funds of deposit in
2204-589: The first type must be true or false, some philosophers have argued that moral statements are neither true nor false. Richard M. Hare , for example, argues that moral statements are in fact imperatives (commands). For him, the statement "littering is wrong" means "do not litter", and "do not litter" is neither true nor false. In sharp contrast to people like Hare, J.L. Mackie contended that moral statements are false. Mackie's view discomforts Crispin Wright who says that it "relegates moral discourse to bad faith". Wright
2262-785: The government agencies to provide the contracts, mainly the United States Department of Defense (DoD). A business hoping to be considered "Service-Disabled Veteran" must be at least 51% owned by an individual who is considered, by the government, a Service-Disabled Veteran, or for a publicly quoted business at least 51% of the stock is owned by one or more service-disabled veterans and the management and daily business operations are controlled by one or more service-disabled veterans. The terms "veteran" and "service-disabled veteran" are defined in 38 U.S.C 101(2) and (16). The following definitions are as stated in that code: Veteran: The term veteran means "a person who served in
2320-427: The government's request to dismiss the case, finding that a contractor does not always need to show specific intent in order to prevail on a claim that alleges bad faith . Service-Disabled Veteran-Owned Small Business The United States Government sets aside contract benefits for companies considered to be "Service-Disabled Veteran-Owned Small Business" (SDVOSB) . The most notable of these contracts are
2378-414: The indivisible "I" in " I think, therefore I am ", it would be impossible to explain how the very project of self-deception could be possible. The Freudian theory of the unconscious is viewed by Sartre as based on an incoherent view of consciousness, but the project of psychoanalysis as an uncovering of the "fundamental project" of an individual's life is considered to be valid. Jean-Paul Sartre called
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2436-440: The logical problem of "bad faith" as it relates to authenticity, and developed an ontology of value as produced by willing in good faith . Jean-Paul Sartre and Simone de Beauvoir developed ideas about bad faith into existentialism, using the concepts of bad faith and "authenticity" in the ethics of belief. In Being and Nothingness , Sartre begins his discussion of bad faith by raising the question of how bad faith self-delusion
2494-417: The more carefully – and this not at two different moments of temporality." A person choosing self-deception is the fundamental question about bad faith: "What makes self-deception possible?" For a liar to successfully deceive the victim, the liar must know that the lie is a falsehood. In order to be successfully deceived, the victim must believe the lie to be true. When a person acts in bad faith, that person
2552-716: The movement opposed to the pipeline with jihadis , calling them "an ideologically driven insurgency with a strong religious component." The Intercept called the DAPL operation a "multi-faceted private security operation characterized by sweeping and invasive surveillance of protesters," and reported that the leaked situation and disinformation reports prepared by the company during the protest provide evidence of aerial surveillance , as well as radio eavesdropping. Further revelations emerged from The Intercept leak including: TigerSwan had protesters followed, TigerSwan targeted protesters of Middle-Eastern descent, TigerSwan placed infiltrators at
2610-470: The outcome, but on antipathy toward the individual for non-rational reasons ...The absence of a rational basis for the decision implies that factors other than those relevant were considered. In that sense, a decision in bad faith is also arbitrary. These comments are not intended to put to rest the debate over the definition of bad faith. Rather, it is to point out that bad faith, which has its core in malice and ill will, at least touches, if not wholly embraces,
2668-455: The particular area being examined. Parliament has wisely not attempted to explain in detail what is or is not bad faith in this context; how far a dealing must so fall-short in order to amount to bad faith is a matter best left to be adjudged not by some paraphrase by the Courts (which leads to the danger of the Courts then construing not the Act but the paraphrase) but by reference to the words of
2726-413: The parties cannot choose and agree to principles in bad faith. They have to be able, not just to live with and grudgingly accept, but to sincerely endorse the principles of justice. A party cannot take risks with principles he knows he will have difficulty voluntarily complying with, or they would be making an agreement in bad faith – which is ruled out by the conditions of the original position. Bad faith
2784-462: The physical world. Compare: Both have the same grammatical structure, but the way we might verify the first is quite different from the way we might want to verify the second. We can verify the first statement by observations made in the physical world, but according to David Hume , no amount of physical world observation can verify statements of the second type. Hume's view is summarized as "you can not derive 'ought' from 'is ' ". Whereas statements of
2842-621: The preservation of their white-race differences, while their faith is motivated in fear of elimination from within a volatile racial environment. Bad faith racial supremacist 's beliefs are studied in African American studies . In Nazi Germany, companies knowingly competed for the manufacture of efficient ovens for the concentration camps to make money with the manufacturers justified in their actions by self-deception, but intentionally so as to be in bad faith. A person can intentionally self-deceive by being inauthentic or insincere , as
2900-417: The project itself may be intentionally sought, and in a selfish way, whence bad faith arises, as a result of selfish or bad intention in choice of project. A homunculus is a little person (or map of the person) inside a person, and homuncularism is the theory in psychology that there are subsystems of the mind performing different operations; the homuncularist answer to the question as to how bad faith
2958-474: The quality of 'desirable' from the ontological structure of things to their simple material constitution." Psychologists have proposed answers as to how bad faith self-delusion can be possible. A "tropism" is an action done without conscious thought. While self-deception may be a tropism, not consciously done, it may be guided by "projects" one may set for one's life, such as a desire to get into heaven, or for personal pleasure, wealth, or power. For example,
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#17327766134353016-483: The related concepts of unreasonableness , discrimination and arbitrariness. What was called "Canada's best judicial definition of 'bad faith ' " by Duhaime's Legal Dictionary is similarly more consistent with use in other fields discussed above. Good faith and its opposite, bad faith, imports a subjective state of mind , the former motivated by honesty of purpose and the latter by ill-will . Duhaime also refers to another description, "... bad faith refers to
3074-455: The scheduled amount of $ 12,000.00 are required under Sec.8.1487, revised 2007, to ensure compliance of awarded contracts and supplies, thereof, for twelve consecutive months upon classification and submission for registration under this program. This is in compliance with (15 U.S.C 644(g) ) for program institution to the SDVOSB and authorized Veteran Applicant. Upon satisfactory performance of awarded contracts, services and or supply facilitation by
3132-587: The truth and lead exemplary lives. Persons practicing Zen claim not to be subject to the "bad faith" in "self-deception", since they do not explain a motivation for action, as a rationalist would. A rationalist must rationalize an irrational desire that is actually rooted in the body and the unconscious as if it were not. For philosophers in the Anglo-American analytical tradition, statements involving moral values have caused concern because of their similarity to statements about objects and events in
3190-415: The unconscious express themselves as wish fulfillment in dreams, or as an ethical position unconsciously taken to satisfy the wishes of the unconscious mind. Bad faith wish fulfillment is central to the ethics of belief , which discusses questions at the intersection of epistemology , philosophy of mind , psychology , Freudian psychoanalysis , and ethics . A person who is not lying to himself
3248-463: The veracity of a hypochondriac making a complaint about their psychosomatic condition. Bad faith has been used as a term of art in diverse areas involving feminism , racial supremacism , political negotiation , insurance claims processing , intentionality, ethics , existentialism , climate change denial , and the law. In the book Being and Nothingness (1943), the philosopher Jean-Paul Sartre defined bad faith (Fr. mauvaise foi ) as
3306-593: Was Harambe , the gorilla killed at the Cincinnati Zoo when a Black child fell into his cage. On one hand, white supremacists have used the killing of Harambe to mock Black people online, charging that the gorilla had to be killed because Black parents are careless. On the other, the comparison of Black people to monkeys and gorillas is a well-established racist trope. Now, TigerSwan was evoking this anti-Black history to racialize, mock, and degrade Water Protectors with tropes of primitivism. To DAPL and law enforcement,
3364-779: Was located near Cedar Creek in Cumberland County, North Carolina . Since it opened in 2010, the range has offered firearms and tactical training to military, law enforcement, and the public. In 2014, Reese sold the training company, and the shooting range changed its name to the Range Complex. The firm provided security for the Iraqi Mine-Unexploded Ordnance Clearing Organization, a U.S. State Department funded NGO tasked with clearing munitions and mines in Iraq. During
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