[Federal Register: February 28, 2005 (Volume 70, Number 38)]
[Notices]
[Page 9647-9649]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe05-70]
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FEDERAL COMMUNICATIONS COMMISSION
[DA 05-422]
Notice of Suspension and of Proposed Debarment Proceedings;
Schools and Libraries Universal Service Support Mechanism
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: The Enforcement Bureau (Bureau) gives notice of Mr. Qasim
Bokhari (a/k/a Syed Qasim Ali Bokhari, a/k/a Kasim Bokhari) suspension
from the schools and libraries universal service support mechanism. In
addition, the Bureau gives notice that debarment proceedings are
commencing against Mr. Qasim Bokhari.
DATES: Opposition request must be received by March 18, 2005. An
opposition request by the party to be suspended must be received 30
days from the receipt of the suspension letter or by March 18, 2005.
The Bureau will decide any opposition request for reversal or
modification of suspension within 90 days of its receipt of such
requests.
FOR FURTHER INFORMATION CONTACT: Diana Lee, Federal Communications
Commission, Enforcement Bureau, Investigations and Hearings Division,
Room 4-C330, 445 12th Street, SW., Washington DC 20554. Diana Lee may
be contacted by phone at (202) 418-0843 or e-mail at Diana.Lee@fcc.gov.
SUPPLEMENTARY INFORMATION: The Bureau has suspension and debarment
[[Page 9648]]
authority under 47 CFR 54.521 and 47 CFR 0.111(a)(14). Suspension will
help ensure that the party to be suspended cannot continue to benefit
from the schools and libraries mechanism pending resolution of the
debarment process. Attached is the suspension letter, Notice of
Suspension and of Proposed Debarment Proceeding, DA 05-422, which was
mailed to Mr. Haider Bokhari and released on February 16, 2005. The
letter (1) gives notice of the suspension and proposed debarment; (2)
gives the reasons for the proposed debarment; (3) explains the
debarment procedure; and (4) describes the potential effect of the
debarment. The complete text of the suspension letter is available for
public inspections and copying during regular business hours at the FCC
Reference Information Center, Portal II, 445 12th Street, SW., Room CY-
A257, Washington DC 20554. In addition, the complete text is available
on the FCC's Web site at http://www.fcc.gov. The text may also be
purchased from the Commission's duplicating contractor, Best Copy and
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402,
Washington DC 20554, telephone (202) 488-5300 or (800) 378-3160,
facsimile (202) 488-5563, or via e-mail http://www.bcpiweb.com.
Federal Communications Commission.
Hillary DeNigro,
Deputy Chief, Investigations and Hearings Division, Enforcement Bureau.
The suspension letter follows:
February 16, 2005
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
Mr. Qasim Bokhari, (a/k/a Syed Qasim Ali Bokhari, a/k/a Kasim
Bokhari), c/o Michael J. Steinle, Esquire, Steinle Law Offices, 2600
N Mayfair Rd-Suite 700, Milwaukee, WI 53226.
Re: Notice of Suspension and of Proposed Debarment, File No. EB-04-
IH-0388
Dear Mr. Qasim Bokhari: The Federal Communications Commission
(``FCC'' or ``Commission'') has received notice of your January 28,
2005 conviction for mail fraud in violation of 18 U.S.C. Sec. Sec.
371 and 1341, and for money laundering in violation of the 18 U.S.C.
Sec. 1956(a) and (h).\1\ Consequently, pursuant to 47 CFR Sec.
54.521, this letter constitutes official notice of your suspension
from the schools and libraries universal service support mechanism
(``E-Rate program''). In addition, the Enforcement Bureau
(``Bureau'') hereby notifies you that we are commencing debarment
proceedings against you.\2\
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\1\ United States v. Bokhari et al, Case No. 04-CR-0056-RTR,
Plea Agreement (E.D.WI filed and entered October 22, 2004) (``Qasim
Bokhari Plea Agreement''); United States v. Qasim Bokhari, Case No.
04-CR-0056-RTR, Judgment (E.D.WI filed January 28, 2005 and entered
February 3, 2005).
\2\ 47 CFR Sec. 54.521; 47 CFR Sec. 0.111(a)(14) (delegating
to the Enforcement Bureau authority to resolve universal service
suspension and debarment proceedings pursuant to 47 CFR Sec.
54.521).
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I. Notice of Suspension
Pursuant to section 54.521(a)(4) of the Commission's rules,\3\
Your conviction requires the Bureau to suspend you from
participating in any activities associated with or related to the
schools and libraries fund mechanism, including the receipt of funds
or discounted services through the schools and libraries fund
mechanism, or consulting with, assisting, or advising applicants or
service providers regarding the schools and libraries support
mechanism.\4\ Your suspension becomes effective upon the earlier of
your receipt of this letter or publication of notice in the Federal
Register.\5\
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\3\ 47 CFR Sec. 54.521(a)(4). See Schools and Libraries
Universal Service Support Mechanism, Second Report and Order and
Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227,
]] 67-74 (2003) (``Second Report and Order'').
\4\ Second Report and Order, 18 FCC Rcd at 9225, ] 67; 47 U.S.C.
Sec. 254; 47 CFR Sec. Sec. 54.502-54.503; 47 CFR Sec.
54.521(a)(4).
\5\ Second Report and Order, 18 FCC Rcd at 9226, ] 69; 47 CFR
Sec. 54.521(e)(1).
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Suspension is immediate pending the Bureau's final debarment
determination. You may contest this suspension or the scope of this
suspension by filing arguments in opposition to the suspension, with
any relevant documentation. Your request must be received within 30
days after it receives this letter or after notice is published in
the Federal Register, whichever comes first.\6\ Such requests,
however, will not ordinarily be granted.\7\ The Bureau may reverse
or limit the scope of suspension only upon a finding of
extraordinary circumstances.\8\ Absent extraordinary circumstances,
the Bureau will decide any request for reversal or modification of
suspension within 90 days of its receipt of such request.\9\
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\6\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 CFR
Sec. 54.521(e)(4).
\7\ Second Report and Order, 18 FCC Rcd at 9226, ] 70.
\8\ 47 CFR Sec. 54.521(e)(5).
\9\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47
CFR Sec. Sec. 54.521(e)(5), 54.521(f).
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II. Notice of Proposed Debarment
A. Reasons for and Cause of Debarment
The Commission has established procedures to prevent persons who
have ``defrauded the government or engaged in similar acts through
activities associated with or related to the schools and libraries
support mechanism'' from receiving the benefits associated with that
program.\10\ As provided by the October 22, 2004 plea agreement upon
which your conviction is based, you pled guilty to mail fraud and
money laundering offenses for activities in connection with your
participation, through your Virginia-based consulting company, in
the E-Rate program with certain schools in Wisconsin and Illinois.
In connection with the mail fraud offenses, you admitted to
conspiring and carrying out, with other co-conspirators, the
following acts: (1) illegally inducing certain Wisconsin and
Illinois schools to select your consulting company as the schools'
E-Rate service provider by promising school officials that their
school would not have to pay their undiscounted share of the cost
under the E-Rate program; (2) taking over those schools' role in
completing and submitting E-Rate applications, and causing those
schools to enter into unnecessarily large contracts for
infrastructure enhancements under the E-Rate program; (3) submitting
materially false and fraudulent invoices and other documents to the
E-Rate program claiming that the schools have been billed for their
undiscounted share; (4) submitting materially false and fraudulent
invoices and other documents to the E-Rate program claiming that
certain work had been performed and goods supplied to the schools;
and (5) receiving payment from the E-Rate program for goods and
services that you fraudulently claimed your consulting company had
provided to the schools.\11\ In connection with the money laundering
offenses, you admitted to conspiring and carrying out, with other
co-conspirators, an unlawful scheme to transfer the fraudulently
obtained E-Rate payments from the United States to Pakistan through
the unknowing services of other individuals designed, in whole or in
part, to conceal and disguise the nature, location, source,
ownership, and control of these monies.\12\ These actions constitute
the conduct or transactions upon which this debarment proceeding is
based.\13\ Moreover, your conviction on the basis of these acts
falls within the categories of causes for debarment defined in
section 54.521(c) of the Commission's rules.\14\ Therefore, pursuant
to section 54.521(a)(4) of the Commission's rules, your conviction
requires the Bureau to commence debarment proceedings against you.
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\10\ Second Report and Order, 18 FCC Rcd at 9225, ] 66. The
Commission's debarment rules define a ``person'' as ``[a]ny
individual, group of individuals, corporation, partnership,
association, unit of government or legal entity, however,
organized.'' 47 CFR Sec. 54.521(a)(6).
\11\ See Qasim Bokhari Plea Agreement at 1-5.
\12\ See Qasim Bokhari Plea Agreement at 1, 6-9.
\13\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 CFR
Sec. 54.521(e)(2)(i).
\14\ ``Causes for suspension and debarment are the conviction of
or civil judgment for attempt or commission of criminal fraud,
theft, embezzlement, forgery, bribery, falsification or destruction
of records, making false statements, receiving stolen property,
making false claims, obstruction of justice and other fraud or
criminal offense arising out of activities associated with or
related to the schools and libraries support mechanism.'' 47 CFR
Sec. 54.521(c). Such activities ``include the receipt of funds or
discounted services through the schools and libraries support
mechanism, or consulting with, assisting, or advising applicants or
service providers regarding schools and libraries support mechanism
described in this section ([47 CFR] Sec. 54.500 et seq.).'' 47 CFR
Sec. 54.521(a)(1).
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B. Debarment Procedures
You may contest debarment or the scope of the proposed debarment
by filing arguments and any relevant documentation within 30
calendar days of the earlier of the receipt of this letter or of
publication in the Federal
[[Page 9649]]
Register.\15\ Absent extraordinary circumstances, the Bureau will
debar you.\16\ Within 90 days of receipt of any opposition to your
suspension and proposed debarment, the Bureau, in the absence of
extraordinary circumstances, will provide you with notice of its
decision to debar.\17\ If the Bureau decides to debar you, its
decision will become effective upon the earlier of your receipt of a
debarment notice or publication of the decision in the Federal
Register.\18\
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\15\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47
CFR Sec. Sec. 54.521(e)(2)(i), 54.521(e)(3).
\16\ Second Report and Order, 18 FCC Rcd at 9227, ] 74.
\17\ See id., 18 FCC Rcd at 9226, ] 70; 47 CFR Sec.
54.521(e)(5).
\18\ Id. The Commission may reverse a debarment, or may limit
the scope or period of debarment upon a finding of extraordinary
circumstances, following the filing of a petition by you or an
interested party or upon motion by the Commission. 47 CFR Sec.
54.521(f).
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C. Effect of Debarment
If and when your debarment becomes effective, you will be
prohibited from participating in activities associated with or
related to the schools and libraries support mechanism for at least
three years from the date of debarment.\19\ The Bureau may, if
necessary to protect the public interest, extend the debarment
period.\20\
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\19\ Second Report and Order, 18 FCC Rcd at 9225, ] 67; 47 CFR
Sec. Sec. 54.521(d), 54.521(g).
\20\ Id.
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Please direct any responses to the following address: Diana Lee,
Federal Communications Commission, Enforcement Bureau,
Investigations and Hearings Division, Room 4-C443, 445 12th Street,
SW., Washington, DC 20554.
If you submit your response via hand-delivery or non-United
States Postal Service delivery (e.g., Federal Express, DHL, etc.),
please send the response to Ms. Lee at the following address:
Federal Communications Commission, 9300 East Hampton Drive, Capitol
Heights, MD 20743.
If you have any questions, please contact Ms. Lee via mail, by
telephone at (202) 418-0843 or by e-mail at diana.lee@fcc.gov.
Sincerely yours,
William H. Davenport,
Chief, Investigations and Hearings Division, Enforcement Bureau.
cc: Carla Stern, Assistant United States Attorney, DOJ (E-mail),
Kristy Carroll, Esq., USAC (E-mail)
[FR Doc. 05-3801 Filed 2-25-05; 8:45 am]
BILLING CODE 6712-01-P