Notice of Debarment; Schools and Libraries Universal Service Support Mechanism, 34934-34936 [E8-13897]

Download as PDF 34934 Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Notices Please direct any response, if by messenger or hand delivery, to Marlene H. Dortch, Secretary, Federal Communications Commission, 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002, to the attention of Diana Lee, Attorney Advisor, Investigations and Hearings Division, Enforcement Bureau, Room 4–C330, with a copy to Vickie Robinson, Assistant Chief, Investigations and Hearings Division, Enforcement Bureau, Room 4–C330, Federal Communications Commission. If sent by commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail), the response should be sent to the Federal Communications Commission, 9300 East Hampton Drive, Capitol Heights, Maryland 20743. If sent by first-class, Express, or Priority mail, the response should be sent to Diana Lee, Attorney Advisor, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, SW., Room 4–C330, Washington, DC 20554, with a copy to Vickie Robinson, Assistant Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Room 4–C330, Washington, DC 20554. You shall also transmit a copy of the response via e-mail to diana.lee@fcc.gov and to vickie.robinson@fcc.gov. If you have any questions, please contact Ms. Lee via mail, by telephone at (202) 418– 1420 or by e-mail at diana.lee@fcc.gov. If Ms. Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418–1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau. cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail). Anthony E. Kaplan, Esq., Supervisory Assistant United States Attorney. Calvin B. Kurimai, Esq., Assistant United States Attorney. [FR Doc. E8–13893 Filed 6–18–08; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION Federal Communications Commission. Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau. [DA 08–1177] Notice of Debarment; Schools and Libraries Universal Service Support Mechanism The debarment letter follows: Federal Communications Commission. ACTION: Notice. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: The Enforcement Bureau debars Mr. Keith J. Madeiros from the schools and libraries universal service support mechanism (or ‘‘E-Rate Program’’) for a period of three years based on your conviction of mail fraud in connection with your participation in VerDate Aug<31>2005 19:00 Jun 18, 2008 Jkt 214001 the program. The Bureau takes this action in order to protect the E-Rate Program from waste, fraud and abuse. DATES: Debarment commences on the date Mr. Keith J. Madeiros receives the debarment letter or August 18, 2008, whichever date come first, for a period of three years. 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 by e-mail at diana.lee@fcc.gov. If Ms. Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418– 1420 and by e-mail at vickie.robinson@fcc.gov. SUPPLEMENTARY INFORMATION: The Bureau debarred Mr. Keith J. Madeiros from the schools and libraries universal service support mechanism for a period of three years pursuant to 47 CFR 54.8 and 47 CFR 0.111(a). Attached is the debarment letter, DA 08–1177, which was mailed to Mr. Keith J. Madeiros and released on May 16, 2008. The complete text of the notice of debarment is available for public inspection 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 https://www.fcc.gov. The text may also be purchased from the Commission’s duplicating inspection and copying during regular business hours at the contractor, Best Copy and Printing, Inc., Portal II, 445 12th Street, SW., Room CY–B420, Washington, DC 20554, telephone (202) 488–5300 or (800) 378– 3160, facsimile (202) 488–5563, or via email https://www.bcpiweb.com. May 16, 2008. DA 08–1177 Via Certified Mail; Return Receipt Requested and Facsimile (404–872–1622). Mr. Keith J. Madeiros, c/o Richard R. Brown, Esq., Brown Paindiris & Scott, LLP, 100 Pearl Street, Suite 1100, Hartford, CT 06103. E-Mail: rbrown@bpslawers.com. Re: Notice of Debarment, File No. EB–07–IH– 9550 Dear Mr. Madeiros: Pursuant to section 54.8 of the rules of the Federal Communications Commission (the PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 ‘‘Commission’’), by this Notice of Debarment you are debarred from the schools and libraries universal service support mechanism (or ‘‘E-Rate program’’) for a period of three years.1 On January 18, 2008, the Enforcement Bureau (the ‘‘Bureau’’) sent you a Notice of Suspension and Initiation of Debarment Proceedings (the ‘‘Notice of Suspension’’).2 That Notice of Suspension was published in the Federal Register on April 7, 2008.3 The Notice of Suspension suspended you from the schools and libraries universal service support mechanism and described the basis for initiation of debarment proceedings against you, the applicable debarment procedures, and the effect of debarment.4 Pursuant to the Commission’s rules, any opposition to your suspension or its scope or to your proposed debarment or its scope had to be filed with the Commission no later than thirty (30) calendar days from the earlier date of your receipt of the Notice of Suspension or publication of the Notice of Suspension in the Federal Register.5 The Commission did not receive any such opposition. As discussed in the Notice of Suspension, you pled guilty to and were convicted of mail fraud, in violation of 18 U.S.C. 341, for activities in connection with your participation in the E-Rate program.6 You admitted to participating in a scheme to defraud the E-Rate program by, among other things, creating a sham company and submitting fictitious invoices totaling $452,203 that were ultimately submitted to the Universal Service Administrative Company for reimbursement from the E-Rate program.7 Such conduct constitutes the basis for your debarment, and your conviction falls within the categories of causes for debarment under section 54.8(c) of the Commission’s rules.8 For the foregoing reasons, you are hereby debarred for a period of three years from the debarment date, i.e., the earlier date of your receipt of this Notice of Debarment or its publication date in the Federal Register.9 Debarment excludes you, for the debarment period, from activities ‘‘associated with or related to the schools and libraries support mechanism,’’ including ‘‘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 the schools and libraries support mechanism.’’10 1 See 47 CFR 0.111(a), 54.8. from Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, to Mr. Keith J. Madeiros, Notice of Suspension and Initiation of Debarment Proceedings, 23 FCC Rcd 465 (Inv. & Hearings Div., Enf. Bur. 2008) (Attachment 1). 3 73 FR 18797 (April 7, 2008). 4 See Notice of Suspension, 23 FCC Rcd at 466– 68. 5 See 47 CFR 54.8(e)(3) and (4). That date occurred no later than May 6, 2008. See supra note 3. 6 See Notice of Suspension, 23 FCC Rcd at 466. 7 See id. 8 Id. at 466; 47 CFR 54.8(c). 9 See Notice of Suspension, 23 FCC Rcd at 468. 10 See 47 CFR 54.8(a)(1), 54.8(a)(5), 54.8(d); Notice of Suspension, 23 FCC Rcd at 468. 2 Letter E:\FR\FM\19JNN1.SGM 19JNN1 Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Notices Sincerely, Hillary S. DeNigro, Chief, Investigations and Hearings Division, Enforcement Bureau. cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail). Anthony E. Kaplan, Esq., Supervisory Assistant United States Attorney. Calvin B. Kurimai, Esq., Assistant United States Attorney. January 18, 2008. DA 08–129 Via Certified Mail; Return Receipt Requested and Facsimile (860–522–2490). Mr. Keith J. Madeiros, c/o Richard R. Brown, Esq., Brown Paindiris & Scott, LLP, 100 Pearl Street, Suite 1100, Hartford, CT 06103, E-Mail: rbrown@bpslawers.com. Re: Notice of Suspension and Initiation of Debarment Proceedings, File No. EB–07–IH– 9550 Dear Mr. Madeiros: The Federal Communications Commission (‘‘FCC’’ or ‘‘Commission’’) has received notice of your conviction for mail fraud in violation of 18 U.S.C. 1341 in connection with your participation in the schools and libraries universal service support mechanism (‘‘ERate program’’).11 Consequently, pursuant to 47 CFR 54.8, this letter constitutes official notice of your suspension from the E-Rate program. In addition, the Enforcement Bureau (‘‘Bureau’’) hereby notifies you that we are commencing debarment proceedings against you.12 I. Notice of Suspension The Commission has established procedures to prevent persons who have ‘‘defrauded the government or engaged in similar acts through activities associated with mstockstill on PROD1PC66 with NOTICES 11 Any further reference in this letter to ‘‘your conviction’’ refers to your February 13, 2007 guilty plea and subsequent conviction of mail fraud. United States v. Keith J. Madeiros, Criminal Docket No. 3:07–CR–29–RNC–2, Plea Agreement (D. Conn. filed Feb. 13, 2007 and entered Feb. 15, 2007) (‘‘Madeiros Plea Agreement’’); United States v. Keith J. Madeiros, 3:07–CR–29–RNC–2, Judgment (D. Conn. filed and entered Dec. 10, 2007) (‘‘Madeiros Judgment’’). 12 47 CFR 54.8; 47 CFR 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and debarment proceedings). The Commission adopted debarment rules for the schools and libraries universal service support mechanism in 2003. See Schools and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) \(‘‘Second Report and Order’’) (adopting section 54.521 to suspend and debar parties from the E-rate program). In 2007, the Commission extended the debarment rules to apply to all of the Federal universal service support mechanisms. Comprehensive Review of the Universal Service Fund Management, Administration, and Oversight; Federal-State Joint Board on Universal Service; Schools and Libraries Universal Service Support Mechanism; Lifeline and Link Up; Changes to the Board of Directors for the National Exchange Carrier Association, Inc., Report and Order, 22 FCC Rcd 16372, 16410–12 (2007) (Program Management Order) (renumbering section 54.521 of the universal service debarment rules as section 54.8 and amending subsections (a)(1), (5), (c), (d), (e)(2)(i), (3), (e)(4), and (g)). VerDate Aug<31>2005 19:00 Jun 18, 2008 Jkt 214001 or related to the schools and libraries support mechanism’’ from receiving the benefits associated with that program.13 You pled guilty to mail fraud for activities in connection with your participation in the ERate program involving telecommunications upgrade projects in four Connecticut school districts.14 While employed at Southwestern Bell Communications (‘‘SBC’’), you and Richard E. Brown, both SBC account managers, recommended subcontractors to perform telecommunications upgrades for the school districts.15 In addition, you and Mr. Brown reviewed invoices submitted by subcontractors to SBC for payment, which SBC then submitted to the Universal Service Administrative Company (‘‘USAC’’) for reimbursement from the E-Rate fund.16 You admitted to participating in a scheme with Brown and Scott A. Federowicz, a manager of an SBC first-tier subcontractor, to defraud USAC.17 You and Mr. Brown each created a sham company and submitted fictitious invoices totaling approximately $452,203 to Mr. Federowicz, who approved those invoices for payment on behalf of the SBC subcontractor.18 The SBC subcontractor, unaware that no work had been performed, in turn billed SBC and SBC ultimately sought from USAC reimbursement for those fictitious expenses from the E-Rate program.19 Pursuant to section 54.8(a)(4) of the Commission’s rules,20 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.21 Your 13 See Second Report and Order, 18 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, para. 32. 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 54.8(a)(6). 14 See Madeiros Plea Agreement at 1; United States v. Richard E. Brown and Keith J. Madeiros., Criminal Docket No. 3:07–CR–29–RNC–2, Information, paras. 1–21 (D. Conn. filed Feb. 13, 2007 and entered Feb. 14, 2007) (‘‘Madeiros/Brown Information’’). 15 See Madeiros/Brown Information at paras. 8–9; https://newhaven.fbi.gov/dojpressrel/2007/ nh120707.htm (last accessed Dec. 11, 2007) (‘‘DOJ December 7 Press Release’’). The Bureau has debarred Richard E. Brown from the E-Rate program. See Letter from Hillary S. DeNigro to Richard E. Brown, Notice of Debarment, DA 07– 4732 (Enf. Bur., Investigations & Hearings Div., rel. Nov. 27, 2007). 16 See Madeiros/Brown Information at para. 9; DOJ December 7 Press Release at 1. 17 See Madeiros/Brown Information at paras. 11– 21. The Bureau also has debarred Scott A. Federowicz from the E-Rate program. See Letter from Hillary S. DeNigro to Scott A. Federowicz, Notice of Debarment, 22 FCC Rcd 17258 (Enf. Bur., Investigations & Hearings Div., rel. Sept. 24, 2007). 18 See Madeiros/Brown Information at paras. 11– 21; DOJ December 7 Press Release at 1. 19 See DOJ December 7 Press Release at 1. 20 47 CFR 54.8(a)(4). See Second Report and Order, 18 FCC Rcd at 9225–9227, paras. 67–74. 21 47 CFR 54.8(a)(1), (d). PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 34935 suspension becomes effective upon the earlier of your receipt of this letter or publication of notice in the Federal Register.22 Suspension is immediate pending the Bureau’s final debarment determination. In accordance with the Commission’s debarment rules, 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 you receive this letter or after notice is published in the Federal Register, whichever comes first.23 Such requests, however, will not ordinarily be granted.24 The Bureau may reverse or limit the scope of suspension only upon a finding of extraordinary circumstances.25 Absent extraordinary circumstances, the Bureau will decide any request for reversal or modification of suspension within 90 days of its receipt of such request.26 II. Initiation of Debarment Proceedings Your guilty plea to and conviction of criminal conduct in connection with the ERate program, in addition to serving as a basis for immediate suspension from the program, also serves as a basis for the initiation of debarment proceedings against you. Your conviction falls within the categories of causes for debarment defined in section 54.8(c) of the Commission’s rules.27 Therefore, pursuant to section 54.8(a)(4) of the Commission’s rules, your conviction requires the Bureau to commence debarment proceedings against you. As with your suspension, 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 Register.28 Absent extraordinary circumstances, the Bureau will debar you.29 Within 90 days of receipt of any opposition to your suspension and proposed debarment, the Bureau, in the absence of extraordinary circumstances, will 22 Second Report and Order, 18 FCC Rcd at 9226, para. 69; 47 CFR 54.8(e)(1). 23 47 CFR 54.8(e)(4). 24 Id. 25 47 CFR 54.8(e)(5). 26 See Second Report and Order, 18 FCC Rcd at 9226, para. 70; 47 CFR 54.8(e)(5), 54.8(f). 27 ‘‘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, the high-cost support mechanism, the rural healthcare support mechanism, and the low-income support mechanism.’’ 47 CFR 54.8(c). Such activities ‘‘include the receipt of funds or discounted services through [the Federal universal service] support mechanisms, or consulting with, assisting, or advising applicants or service providers regarding [the Federal universal service] support mechanisms.’’ 47 CFR. 54.8(a)(1). 28 See Second Report and Order, 18 FCC Rcd at 9226, para. 70; 47 CFR 54.8(e)(3). 29 Second Report and Order, 18 FCC Rcd at 9227, para. 74. E:\FR\FM\19JNN1.SGM 19JNN1 34936 Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Notices provide you with notice of its decision to debar.30 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.31 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 three years from the date of debarment.32 The Bureau may, if necessary to protect the public interest, extend the debarment period.33 Please direct any response, if by messenger or hand delivery, to Marlene H. Dortch, Secretary, Federal Communications Commission, 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002, to the attention of Diana Lee, Attorney Advisor, Investigations and Hearings Division, Enforcement Bureau, Room 4–C330, with a copy to Vickie Robinson, Assistant Chief, Investigations and Hearings Division, Enforcement Bureau, Room 4–C330, Federal Communications Commission. If sent by commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail), the response should be sent to the Federal Communications Commission, 9300 East Hampton Drive, Capitol Heights, Maryland 20743. If sent by first-class, Express, or Priority mail, the response should be sent to Diana Lee, Attorney Advisor, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, SW., Room 4–C330, Washington, DC 20554, with a copy to Vickie Robinson, Assistant Chief, Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, SW., Room 4–C330, Washington, DC 20554. You shall also transmit a copy of the response via e-mail to diana.lee@fcc.gov and to vickie.robinson@fcc.gov. If you have any questions, please contact Ms. Lee via mail, by telephone at (202) 418– 1420 or by e-mail at diana.lee@fcc.gov. If Ms. Lee is unavailable, you may contact Ms. Vickie Robinson, Assistant Chief, Investigations and Hearings Division, by telephone at (202) 418–1420 and by e-mail at vickie.robinson@fcc.gov. Sincerely yours, Hillary S. DeNigro, mstockstill on PROD1PC66 with NOTICES 30 See id., 18 FCC Rcd at 9226, para. 70; 47 CFR 54.8(e)(5). 31 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 54.8(f). 32 Second Report and Order, 18 FCC Rcd at 9225, para. 67; 47 CFR 54.8(d), 54.8(g). 33 Id. VerDate Aug<31>2005 19:00 Jun 18, 2008 Jkt 214001 Chief, Investigations and Hearings Division, Enforcement Bureau. cc: Kristy Carroll, Esq., Universal Service Administrative Company (via e-mail). Anthony E. Kaplan, Esq., Supervisory Assistant United States Attorney. Calvin B. Kurimai, Esq., Assistant United States Attorney. [FR Doc. E8–13897 Filed 6–18–08; 8:45 am] BILLING CODE 6712–01–P FEDERAL DEPOSIT INSURANCE CORPORATION Agency Information Collection Activities: Submission for OMB Review; Comment Request Federal Deposit Insurance Corporation (FDIC). ACTION: Notice of information collections to be submitted to the Office of Management and Budget (OMB) for review and approval under the Paperwork Reduction Act of 1995. AGENCY: SUMMARY: In accordance with requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the FDIC hereby gives notice that it is submitting to OMB a request for review and approval of the following collections of information: ‘‘Flood Insurance,’’ OMB No. 3064–0120, and ‘‘Forms Relating to Processing Deposit Insurance Claims,’’ OMB No. 3064– 0143. Comments must be submitted on or before July 21, 2008. ADDRESSES: Interested parties are invited to submit written comments to the FDIC. All comments should refer to the name of the collection. Comments may be submitted by any of the following methods: • https://www.FDIC.gov/regulations/ laws/federal/propose.html. • E-mail: comments@fdic.gov. Include the name and number of the collection in the subject line of the message. • Mail: Leneta G. Gregorie (202.898.3719), Counsel, Federal Deposit Insurance Corporation, Room F–1064, 550 17th Street, NW., Washington, DC 20429. • Hand Delivery: Comments may be hand-delivered to the guard station at the rear of the 550 17th Street Building DATES: PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 (located on F Street), on business days between 7 a.m. and 5 p.m. A copy of the comments should also be submitted to the OMB Desk Officer for the FDIC, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Leneta G. Gregorie at the address identified above. SUPPLEMENTARY INFORMATION: Proposal To Renew the Following Currently Approved Collection of Information 1. Title: Flood Insurance. OMB Number: 3064–0120. Frequency of Response: On occasion. Affected Public: Any depository institution that makes one or more loans to be secured by a building located on property in a special flood hazard area. Estimated Number of Respondents/ Recordkeepers: 5,272. Estimated Number of Transactions: 180,000. Estimated Reporting Hours: .05 hours × 180,000 = 9,000. Estimated Recordkeeping Hours: 1 hour × 5,272 hours = 5,272 hours. Estimated Total Annual Reporting and Recordkeeping Burden Hours: 5,272 + 9,000 = 14,272 hours. General Description of Collection: Each supervised lending institution is currently required to provide a notice of special flood hazards to each borrower with a loan secured by a building or mobile home located or to be located in an area identified by the Director of the Federal Emergency Management Agency as being subject to special flood hazards. The Riegle Community Development Act requires that each institution must also provide a copy of the notice to the servicer of the loan (if different from the originating lender). 2. Title: Forms Relating to Processing Deposit Insurance Claims. OMB Number: 3064–0143. Frequency of Response: On occasion. Affected Public: Deposit brokers and depositors of failed insured institutions. Estimated Number of Respondents: 5,095 (see chart below). Total Annual Burden: 2,875 hours (see chart below). E:\FR\FM\19JNN1.SGM 19JNN1

Agencies

[Federal Register Volume 73, Number 119 (Thursday, June 19, 2008)]
[Notices]
[Pages 34934-34936]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13897]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 08-1177]


Notice of Debarment; Schools and Libraries Universal Service 
Support Mechanism

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Enforcement Bureau debars Mr. Keith J. Madeiros from the 
schools and libraries universal service support mechanism (or ``E-Rate 
Program'') for a period of three years based on your conviction of mail 
fraud in connection with your participation in the program. The Bureau 
takes this action in order to protect the E-Rate Program from waste, 
fraud and abuse.

DATES: Debarment commences on the date Mr. Keith J. Madeiros receives 
the debarment letter or August 18, 2008, whichever date come first, for 
a period of three years.

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 by e-mail at 
diana.lee@fcc.gov. If Ms. Lee is unavailable, you may contact Ms. 
Vickie Robinson, Assistant Chief, Investigations and Hearings Division, 
by telephone at (202) 418-1420 and by e-mail at 
vickie.robinson@fcc.gov.

SUPPLEMENTARY INFORMATION: The Bureau debarred Mr. Keith J. Madeiros 
from the schools and libraries universal service support mechanism for 
a period of three years pursuant to 47 CFR 54.8 and 47 CFR 0.111(a). 
Attached is the debarment letter, DA 08-1177, which was mailed to Mr. 
Keith J. Madeiros and released on May 16, 2008. The complete text of 
the notice of debarment is available for public inspection 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 
https://www.fcc.gov. The text may also be purchased from the 
Commission's duplicating inspection and copying during regular business 
hours at the contractor, Best Copy and Printing, Inc., Portal II, 445 
12th Street, SW., Room CY-B420, Washington, DC 20554, telephone (202) 
488-5300 or (800) 378-3160, facsimile (202) 488-5563, or via e-mail 
https://www.bcpiweb.com.

Federal Communications Commission.
Hillary S. DeNigro,
Chief, Investigations and Hearings Division, Enforcement Bureau.
    The debarment letter follows:

May 16, 2008.

DA 08-1177

Via Certified Mail; Return Receipt Requested and Facsimile (404-872-
1622).

Mr. Keith J. Madeiros, c/o Richard R. Brown, Esq., Brown Paindiris & 
Scott, LLP, 100 Pearl Street, Suite 1100, Hartford, CT 06103. E-
Mail: rbrown@bpslawers.com.

Re: Notice of Debarment, File No. EB-07-IH-9550

    Dear Mr. Madeiros: Pursuant to section 54.8 of the rules of the 
Federal Communications Commission (the ``Commission''), by this 
Notice of Debarment you are debarred from the schools and libraries 
universal service support mechanism (or ``E-Rate program'') for a 
period of three years.\1\
---------------------------------------------------------------------------

    \1\ See 47 CFR 0.111(a), 54.8.
---------------------------------------------------------------------------

    On January 18, 2008, the Enforcement Bureau (the ``Bureau'') 
sent you a Notice of Suspension and Initiation of Debarment 
Proceedings (the ``Notice of Suspension'').\2\ That Notice of 
Suspension was published in the Federal Register on April 7, 
2008.\3\ The Notice of Suspension suspended you from the schools and 
libraries universal service support mechanism and described the 
basis for initiation of debarment proceedings against you, the 
applicable debarment procedures, and the effect of debarment.\4\
---------------------------------------------------------------------------

    \2\ Letter from Hillary S. DeNigro, Chief, Investigations and 
Hearings Division, Enforcement Bureau, Federal Communications 
Commission, to Mr. Keith J. Madeiros, Notice of Suspension and 
Initiation of Debarment Proceedings, 23 FCC Rcd 465 (Inv. & Hearings 
Div., Enf. Bur. 2008) (Attachment 1).
    \3\ 73 FR 18797 (April 7, 2008).
    \4\ See Notice of Suspension, 23 FCC Rcd at 466-68.
---------------------------------------------------------------------------

    Pursuant to the Commission's rules, any opposition to your 
suspension or its scope or to your proposed debarment or its scope 
had to be filed with the Commission no later than thirty (30) 
calendar days from the earlier date of your receipt of the Notice of 
Suspension or publication of the Notice of Suspension in the Federal 
Register.\5\ The Commission did not receive any such opposition.
---------------------------------------------------------------------------

    \5\ See 47 CFR 54.8(e)(3) and (4). That date occurred no later 
than May 6, 2008. See supra note 3.
---------------------------------------------------------------------------

    As discussed in the Notice of Suspension, you pled guilty to and 
were convicted of mail fraud, in violation of 18 U.S.C. 341, for 
activities in connection with your participation in the E-Rate 
program.\6\ You admitted to participating in a scheme to defraud the 
E-Rate program by, among other things, creating a sham company and 
submitting fictitious invoices totaling $452,203 that were 
ultimately submitted to the Universal Service Administrative Company 
for reimbursement from the E-Rate program.\7\ Such conduct 
constitutes the basis for your debarment, and your conviction falls 
within the categories of causes for debarment under section 54.8(c) 
of the Commission's rules.\8\ For the foregoing reasons, you are 
hereby debarred for a period of three years from the debarment date, 
i.e., the earlier date of your receipt of this Notice of Debarment 
or its publication date in the Federal Register.\9\ Debarment 
excludes you, for the debarment period, from activities ``associated 
with or related to the schools and libraries support mechanism,'' 
including ``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 the 
schools and libraries support mechanism.''\10\
---------------------------------------------------------------------------

    \6\ See Notice of Suspension, 23 FCC Rcd at 466.
    \7\ See id.
    \8\ Id. at 466; 47 CFR 54.8(c).
    \9\ See Notice of Suspension, 23 FCC Rcd at 468.
    \10\ See 47 CFR 54.8(a)(1), 54.8(a)(5), 54.8(d); Notice of 
Suspension, 23 FCC Rcd at 468.


[[Page 34935]]


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Sincerely,

Hillary S. DeNigro,

Chief, Investigations and Hearings Division, Enforcement Bureau.

cc: Kristy Carroll, Esq., Universal Service Administrative Company 
(via e-mail).
    Anthony E. Kaplan, Esq., Supervisory Assistant United States 
Attorney.
    Calvin B. Kurimai, Esq., Assistant United States Attorney.

January 18, 2008.

DA 08-129

Via Certified Mail; Return Receipt Requested and Facsimile (860-522-
2490).

Mr. Keith J. Madeiros, c/o Richard R. Brown, Esq., Brown Paindiris & 
Scott, LLP, 100 Pearl Street, Suite 1100, Hartford, CT 06103, E-
Mail: rbrown@bpslawers.com.

Re: Notice of Suspension and Initiation of Debarment Proceedings, File 
No. EB-07-IH-9550

    Dear Mr. Madeiros: The Federal Communications Commission 
(``FCC'' or ``Commission'') has received notice of your conviction 
for mail fraud in violation of 18 U.S.C. 1341 in connection with 
your participation in the schools and libraries universal service 
support mechanism (``E-Rate program'').\11\ Consequently, pursuant 
to 47 CFR 54.8, this letter constitutes official notice of your 
suspension from the E-Rate program. In addition, the Enforcement 
Bureau (``Bureau'') hereby notifies you that we are commencing 
debarment proceedings against you.\12\
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    \11\ Any further reference in this letter to ``your conviction'' 
refers to your February 13, 2007 guilty plea and subsequent 
conviction of mail fraud. United States v. Keith J. Madeiros, 
Criminal Docket No. 3:07-CR-29-RNC-2, Plea Agreement (D. Conn. filed 
Feb. 13, 2007 and entered Feb. 15, 2007) (``Madeiros Plea 
Agreement''); United States v. Keith J. Madeiros, 3:07-CR-29-RNC-2, 
Judgment (D. Conn. filed and entered Dec. 10, 2007) (``Madeiros 
Judgment'').
    \12\ 47 CFR 54.8; 47 CFR 0.111 (delegating to the Enforcement 
Bureau authority to resolve universal service suspension and 
debarment proceedings). The Commission adopted debarment rules for 
the schools and libraries universal service support mechanism in 
2003. See Schools and Libraries Universal Service Support Mechanism, 
Second Report and Order and Further Notice of Proposed Rulemaking, 
18 FCC Rcd 9202 (2003) [bsol](``Second Report and Order'') (adopting 
section 54.521 to suspend and debar parties from the E-rate 
program). In 2007, the Commission extended the debarment rules to 
apply to all of the Federal universal service support mechanisms. 
Comprehensive Review of the Universal Service Fund Management, 
Administration, and Oversight; Federal-State Joint Board on 
Universal Service; Schools and Libraries Universal Service Support 
Mechanism; Lifeline and Link Up; Changes to the Board of Directors 
for the National Exchange Carrier Association, Inc., Report and 
Order, 22 FCC Rcd 16372, 16410-12 (2007) (Program Management Order) 
(renumbering section 54.521 of the universal service debarment rules 
as section 54.8 and amending subsections (a)(1), (5), (c), (d), 
(e)(2)(i), (3), (e)(4), and (g)).
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I. Notice of Suspension

    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.\13\ You pled guilty to mail fraud for activities in 
connection with your participation in the E-Rate program involving 
telecommunications upgrade projects in four Connecticut school 
districts.\14\ While employed at Southwestern Bell Communications 
(``SBC''), you and Richard E. Brown, both SBC account managers, 
recommended subcontractors to perform telecommunications upgrades 
for the school districts.\15\ In addition, you and Mr. Brown 
reviewed invoices submitted by subcontractors to SBC for payment, 
which SBC then submitted to the Universal Service Administrative 
Company (``USAC'') for reimbursement from the E-Rate fund.\16\ You 
admitted to participating in a scheme with Brown and Scott A. 
Federowicz, a manager of an SBC first-tier subcontractor, to defraud 
USAC.\17\ You and Mr. Brown each created a sham company and 
submitted fictitious invoices totaling approximately $452,203 to Mr. 
Federowicz, who approved those invoices for payment on behalf of the 
SBC subcontractor.\18\ The SBC subcontractor, unaware that no work 
had been performed, in turn billed SBC and SBC ultimately sought 
from USAC reimbursement for those fictitious expenses from the E-
Rate program.\19\
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    \13\ See Second Report and Order, 18 FCC Rcd at 9225, para. 66; 
Program Management Order, 22 FCC Rcd at 16387, para. 32. 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 54.8(a)(6).
    \14\ See Madeiros Plea Agreement at 1; United States v. Richard 
E. Brown and Keith J. Madeiros., Criminal Docket No. 3:07-CR-29-RNC-
2, Information, paras. 1-21 (D. Conn. filed Feb. 13, 2007 and 
entered Feb. 14, 2007) (``Madeiros/Brown Information'').
    \15\ See Madeiros/Brown Information at paras. 8-9; https://
newhaven.fbi.gov/dojpressrel/2007/nh120707.htm (last accessed Dec. 
11, 2007) (``DOJ December 7 Press Release''). The Bureau has 
debarred Richard E. Brown from the E-Rate program. See Letter from 
Hillary S. DeNigro to Richard E. Brown, Notice of Debarment, DA 07-
4732 (Enf. Bur., Investigations & Hearings Div., rel. Nov. 27, 
2007).
    \16\ See Madeiros/Brown Information at para. 9; DOJ December 7 
Press Release at 1.
    \17\ See Madeiros/Brown Information at paras. 11-21. The Bureau 
also has debarred Scott A. Federowicz from the E-Rate program. See 
Letter from Hillary S. DeNigro to Scott A. Federowicz, Notice of 
Debarment, 22 FCC Rcd 17258 (Enf. Bur., Investigations & Hearings 
Div., rel. Sept. 24, 2007).
    \18\ See Madeiros/Brown Information at paras. 11-21; DOJ 
December 7 Press Release at 1.
    \19\ See DOJ December 7 Press Release at 1.
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    Pursuant to section 54.8(a)(4) of the Commission's rules,\20\ 
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.\21\ Your suspension becomes effective upon the earlier of 
your receipt of this letter or publication of notice in the Federal 
Register.\22\
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    \20\ 47 CFR 54.8(a)(4). See Second Report and Order, 18 FCC Rcd 
at 9225-9227, paras. 67-74.
    \21\ 47 CFR 54.8(a)(1), (d).
    \22\ Second Report and Order, 18 FCC Rcd at 9226, para. 69; 47 
CFR 54.8(e)(1).
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    Suspension is immediate pending the Bureau's final debarment 
determination. In accordance with the Commission's debarment rules, 
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 
you receive this letter or after notice is published in the Federal 
Register, whichever comes first.\23\ Such requests, however, will 
not ordinarily be granted.\24\ The Bureau may reverse or limit the 
scope of suspension only upon a finding of extraordinary 
circumstances.\25\ Absent extraordinary circumstances, the Bureau 
will decide any request for reversal or modification of suspension 
within 90 days of its receipt of such request.\26\
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    \23\ 47 CFR 54.8(e)(4).
    \24\ Id.
    \25\ 47 CFR 54.8(e)(5).
    \26\ See Second Report and Order, 18 FCC Rcd at 9226, para. 70; 
47 CFR 54.8(e)(5), 54.8(f).
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II. Initiation of Debarment Proceedings

    Your guilty plea to and conviction of criminal conduct in 
connection with the E-Rate program, in addition to serving as a 
basis for immediate suspension from the program, also serves as a 
basis for the initiation of debarment proceedings against you. Your 
conviction falls within the categories of causes for debarment 
defined in section 54.8(c) of the Commission's rules.\27\ Therefore, 
pursuant to section 54.8(a)(4) of the Commission's rules, your 
conviction requires the Bureau to commence debarment proceedings 
against you.
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    \27\ ``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, the high-
cost support mechanism, the rural healthcare support mechanism, and 
the low-income support mechanism.'' 47 CFR 54.8(c). Such activities 
``include the receipt of funds or discounted services through [the 
Federal universal service] support mechanisms, or consulting with, 
assisting, or advising applicants or service providers regarding 
[the Federal universal service] support mechanisms.'' 47 CFR. 
54.8(a)(1).
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    As with your suspension, 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 Register.\28\ Absent 
extraordinary circumstances, the Bureau will debar you.\29\ Within 
90 days of receipt of any opposition to your suspension and proposed 
debarment, the Bureau, in the absence of extraordinary 
circumstances, will

[[Page 34936]]

provide you with notice of its decision to debar.\30\ 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.\31\
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    \28\ See Second Report and Order, 18 FCC Rcd at 9226, para. 70; 
47 CFR 54.8(e)(3).
    \29\ Second Report and Order, 18 FCC Rcd at 9227, para. 74.
    \30\ See id., 18 FCC Rcd at 9226, para. 70; 47 CFR 54.8(e)(5).
    \31\ 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 54.8(f).
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    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 three 
years from the date of debarment.\32\ The Bureau may, if necessary 
to protect the public interest, extend the debarment period.\33\
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    \32\ Second Report and Order, 18 FCC Rcd at 9225, para. 67; 47 
CFR 54.8(d), 54.8(g).
    \33\ Id.
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    Please direct any response, if by messenger or hand delivery, to 
Marlene H. Dortch, Secretary, Federal Communications Commission, 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002, to the 
attention of Diana Lee, Attorney Advisor, Investigations and 
Hearings Division, Enforcement Bureau, Room 4-C330, with a copy to 
Vickie Robinson, Assistant Chief, Investigations and Hearings 
Division, Enforcement Bureau, Room 4-C330, Federal Communications 
Commission. If sent by commercial overnight mail (other than U.S. 
Postal Service Express Mail and Priority Mail), the response should 
be sent to the Federal Communications Commission, 9300 East Hampton 
Drive, Capitol Heights, Maryland 20743. If sent by first-class, 
Express, or Priority mail, the response should be sent to Diana Lee, 
Attorney Advisor, Investigations and Hearings Division, Enforcement 
Bureau, Federal Communications Commission, 445 12th Street, SW., 
Room 4-C330, Washington, DC 20554, with a copy to Vickie Robinson, 
Assistant Chief, Investigations and Hearings Division, Enforcement 
Bureau, Federal Communications Commission, 445 12th Street, SW., 
Room 4-C330, Washington, DC 20554. You shall also transmit a copy of 
the response via e-mail to diana.lee@fcc.gov and to 
vickie.robinson@fcc.gov.
    If you have any questions, please contact Ms. Lee via mail, by 
telephone at (202) 418-1420 or by e-mail at diana.lee@fcc.gov. If 
Ms. Lee is unavailable, you may contact Ms. Vickie Robinson, 
Assistant Chief, Investigations and Hearings Division, by telephone 
at (202) 418-1420 and by e-mail at vickie.robinson@fcc.gov.

Sincerely yours,

Hillary S. DeNigro,
Chief, Investigations and Hearings Division, Enforcement Bureau.

cc: Kristy Carroll, Esq., Universal Service Administrative Company 
(via e-mail).
    Anthony E. Kaplan, Esq., Supervisory Assistant United States 
Attorney.
    Calvin B. Kurimai, Esq., Assistant United States Attorney.

 [FR Doc. E8-13897 Filed 6-18-08; 8:45 am]
BILLING CODE 6712-01-P
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