Notice of Suspension and Initiation of Debarment Proceedings; Schools and Libraries Universal Service Support Mechanism, 11728-11730 [E9-6020]
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11728
Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Notices
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 Rebekah
Bina, 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 email to Rebekah.Bina@fcc.gov and to
Vickie.Robinson@fcc.gov.
If you have any questions, please
contact Ms. Bina via mail, by telephone
at (202) 418–7931 or by e-mail at
Rebekah.Bina@fcc.gov. If Ms. Bina is
unavailable, you may contact Ms. Vickie
Robinson, Assistant Chief,
Investigations and Hearings Division, by
telephone at (202) 418–1420 and by email at Vickie.Robinson@fcc.gov.
Sincerely yours,
Hillary S. DeNigro,
Chief,
Investigations and Hearings Division,
Enforcement Bureau.
cc: Beth Drake, Assistant United States
Attorney (via e-mail),
Kristy Carroll, Esq., Universal Service
Administrative Company (via e-mail).
[FR Doc. E9–6019 Filed 3–18–09; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[DA 09–473]
sroberts on PROD1PC70 with NOTICES
Notice of Suspension and Initiation of
Debarment Proceedings; Schools and
Libraries Universal Service Support
Mechanism
AGENCY: Federal Communications
Commission.
ACTION: Notice.
SUMMARY: The Enforcement Bureau (the
‘‘Bureau’’) gives notice of Mr. Frankie
Logyang Wong’s suspension from the
schools and libraries universal service
VerDate Nov<24>2008
17:17 Mar 18, 2009
Jkt 217001
support mechanism (or ‘‘E-Rate
Program’’). Additionally, the Bureau
gives notice that debarment proceedings
are commencing against him. Mr. Wong,
or any person who has an existing
contract with or intends to contract with
him to provide or receive services in
matters arising out of activities
associated with or related to the schools
and libraries support, may respond by
filing an opposition request, supported
by documentation to Rebekah Bina,
Federal Communications Commission,
Enforcement Bureau, Investigations and
Hearings Division, Room 4–C330, 445
12th Street, SW., Washington, DC
20554.
DATES: Opposition requests must be
received by April 20, 2009. However, an
opposition request by the party to be
suspended must be received 30 days
from the receipt of the suspension letter
or April 20, 2009, whichever comes
first. The Bureau will decide any
opposition request for reversal or
modification of suspension or
debarment within 90 days of its receipt
of such requests.
FOR FURTHER INFORMATION CONTACT:
Rebekah Bina, Federal Communications
Commission, Enforcement Bureau,
Investigations and Hearings Division,
Room 4–C330, 445 12th Street, SW.,
Washington, DC 20554. Rebekah Bina
may be contacted by phone at (202)
418–7931 or e-mail at
Rebekah.Bina@fcc.gov. If Ms. Bina is
unavailable, you may contact Ms. Vickie
Robinson, Assistant Chief,
Investigations and Hearings Division, by
telephone at (202) 418–1420 and by email at Vickie.Robinson@fcc.gov.
SUPPLEMENTARY INFORMATION: The
Bureau has suspension and debarment
authority pursuant to 47 CFR 54.8 and
47 CFR 0.111(a)(14). Suspension will
help to 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, DA 09–473, which
was mailed to Mr. Wong and released
on February 26, 2009. The complete text
of the notice of suspension and
initiation of debarment proceedings 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.,
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
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.
Federal Communications Commission.
Hillary S. DeNigro,
Chief, Investigations and Hearings Division,
Enforcement Bureau.
The suspension letter follows:
February 26, 2009.
DA 09–473
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED AND
FACSIMILE (510–452–8405)
Mr. Frankie Logyang Wong
c/o David Gerger
1001 Fannin, Suite 1950
Houston, TX 77002
Re: Notice of Suspension and Initiation
of Debarment Proceedings, File No. EB–
08–IH–5313
Dear Mr. Wong:
The Federal Communications
Commission (‘‘FCC’’ or ‘‘Commission’’)
has received notice of your conviction
of federal crimes, including conspiracy
to commit bribery, conspiracy to
launder monetary instruments, and
multiple counts of bribery concerning
programs receiving federal funds, in
connection with your participation in
the schools and libraries universal
service support mechanism (‘‘E-Rate
program’’).1 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.2
1 See 18 U.S.C. 371 (conspiracy to bribery
involving federal programs), 666(a) (bribery
concerning programs receiving federal funds and
aiding and abetting), and 1956(h) (conspiracy to
lauder monetary instruments). Any further
reference in this letter to ‘‘your conviction’’ refers
to your ten count conviction. United States v.
Frankie Logyang Wong, Criminal Docket No. 3:07–
CR–00167–L–2, Judgment (N.D. Tex. filed Nov. 14,
2008 and entered Nov. 17, 2008) (‘‘Frankie Wong
Judgment’’).
2 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
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Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Notices
sroberts on PROD1PC70 with NOTICES
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.3 On November 13, 2008,
the United States District Court in Texas
sentenced you to serve ten years in
prison following your conviction of
federal crimes, including conspiracy to
commit bribery, conspiracy to launder
monetary instruments, and multiple
counts of bribery concerning programs
receiving federal funds, in connection
with your participation the E-Rate
program.4 In addition, you and a coconspirator were ordered to forfeit
approximately $1 million as a result of
your conviction.5
As the co-owner and president of
Micro Systems Engineering, Inc.,
(‘‘MSE’’), you participated in a bribery
and money laundering scheme
involving technology projects for the
Dallas Independent School District
(‘‘DISD’’), including a contract that
involved E-Rate funds for Funding Year
2002 (‘‘E-Rate FY 2002 Contract’’).6
Beginning in November 2002, MSE and
other companies formed a consortium
(‘‘Consortium’’) for the purpose of
submitting a bid proposal relating to ERate services for the DISD. While your
co-defendant Ruben B. Bohuchot (‘‘Mr.
Bohuchot’’) was Chief Technology
Officer of the Dallas Independent
School District,7 the Consortium
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)).
3 See Second Report and Order, 18 FCC Rcd at
9225, ¶ 66; Program Management Order, 22 FCC
Rcd at 16387, ¶ 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).
4 See supra note 1. See also https://dallas.fbi.gov/
dojpressrel/pressrel08/dl111308.htm (accessed Dec.
8, 2008) (‘‘DOJ November 13, 2008 Frankie Wong
Press Release’’); Frankie Wong Judgment at 1–2.
5 See DOJ November 13, 2008 Frankie Wong Press
Release; Frankie Wong Judgment at 2 and 8.
6 See United States v. Ruben B. Bohuchot, et al.,
Criminal Docket No. 3:07–CR–167–L–1, Indictment
at 1,5–6,15 (N.D.Tex. filed May 22, 2007, and
entered May 24, 2007, under seal; unsealed May 29,
2007). (‘‘DISD Indictment’’); MSE was a computer
reseller firm providing computer products and
services to large corporations and school districts,
principally in the state of Texas. See DISD
Indictment at 2; DOJ November 13, 2008 Frankie
Wong Press Release at 1.
7 In a separate letter, we also serve notice of
suspension and initiation of debarment proceedings
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17:17 Mar 18, 2009
Jkt 217001
submitted a bid proposal for E-Rate
services after Mr. Bohuchot adjusted the
requirements of DISD’s request for
proposals to benefit you and your
companies. Ultimately, the
Consortium’s bid was approved by
DISD.8 During the same time period,
you and MSE provided things of value
to Mr. Bohuchot, including extensive
access to and control of large sportsfishing vessels, payment for numerous
vacations and various entertainment
services and cash.9 A federal jury
ultimately determined that you and Mr.
Bohuchot engaged in a conspiracy to
commit bribery and money laundering.
As a result of your criminal activity,
MSE received at least $35 million in
aggregate revenue from DISD and the
Universal Service Administrative
Company as a result of its participation
in the DISD E-Rate FY 2002 Contract.10
Pursuant to section 54.8(a)(4) of the
Commission’s rules,11 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.12 Your suspension
becomes effective upon the earlier of
your receipt of this letter or publication
of notice in the Federal Register.13
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
to Ruben B. Bohuchot for his role in the DISD
bribery and money laundering scheme, pursuant to
his conviction. See Letter from Hillary S. DeNigro,
Chief Investigations and Hearings Division,
Enforcement Bureau, to Ruben B. Bohuchot, Notice
of Suspension and Initiation of Debarment
Proceedings, DA 09–471 (Inv. & Hearings Div., Enf.
Bur. Feb. 26, 2009).
8 See DISD Indictment at 5–6; DOJ November 13,
2008 Frankie Wong Press Release. MSE was able to
obtain two contracts with DISD as a result of
information that Mr. Wong received from Mr.
Bohuchot. DISD Indictment at 2–6. In this
proceeding, we only address the contract involving
E-Rate services.
9 DISD Indictment at 4–5, 7–21; DOJ November
13, 2008 Frankie Wong Press Release.
10 DISD Indictment at 6. Based on a winning bid
proposal prepared utilizing information that Mr.
Wong received from Mr. Bohuchot, MSE received
at least $4 million as a subcontractor under another
contract with DISD. See DISD Indictment at 4; DOJ
November 13, 2008 Frankie Wong Press Release at
2.
11 47 CFR 54.8(a)(4). See Second Report and
Order, 18 FCC Rcd at 9225–9227, ¶¶ 67–74.
12 47 CFR 54.8(a)(1), (d).
13 Second Report and Order, 18 FCC Rcd at 9226,
¶ 69; 47 CFR 54.8(e)(1).
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11729
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.14 Such requests,
however, will not ordinarily be
granted.15 The Bureau may reverse or
limit the scope of suspension only upon
a finding of extraordinary
circumstances.16 Absent extraordinary
circumstances, the Bureau will decide
any request for reversal or modification
of suspension within 90 days of its
receipt of such request.17
II. Initiation of Debarment Proceedings
Your 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.18 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.19 Absent
extraordinary circumstances, the Bureau
will debar you.20 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
14 47
CFR 54.8(e)(4).
15 Id.
16 47
CFR 54.8(e)(5).
Second Report and Order, 18 FCC Rcd at
9226, ¶ 70; 47 CFR 54.8(e)(5), 54.8(f).
18 ‘‘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).
19 See Second Report and Order, 18 FCC Rcd at
9226, ¶ 70; 47 CFR 54.8(e)(3).
20 Second Report and Order, 18 FCC Rcd at 9227,
¶ 74.
17 See
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Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Notices
sroberts on PROD1PC70 with NOTICES
to debar.21 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.22
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.23 The Bureau may, if
necessary to protect the public interest,
extend the debarment period.24
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 Rebekah Bina, 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 Rebekah
Bina, 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 Rebekah.Bina@fcc.gov and to
Vickie.Robinson@fcc.gov.
If you have any questions, please
contact Ms. Bina via mail, by telephone
at (202) 418–7931 or by e-mail at
Rebekah.Bina@fcc.gov. If Ms. Bina is
unavailable, you may contact Ms. Vickie
Robinson, Assistant Chief,
Investigations and Hearings Division, by
telephone at (202) 418–1420 and by e21 See id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR
54.8(e)(5).
22 47 CFR 54.8(e)(5). 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).
23 Second Report and Order, 18 FCC Rcd at 9225,
¶ 67; 47 CFR 54.8(d), 54.8(g).
24 47 CFR 54.8(g).
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17:17 Mar 18, 2009
Jkt 217001
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 email), Dayle A. Elieson, U.S. Attorney’s
Office, United States Department of
Justice (via mail)
PERSON TO CONTACT FOR INFORMATION:
Judith Ingram, Press Officer, Telephone:
(202) 694–1220.
Mary W. Dove,
Secretary of the Commission.
[FR Doc. E9–5879 Filed 3–18–09; 8:45 am]
BILLING CODE: 6715–01–M
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[FR Doc. E9–6020 Filed 3–18–09; 8:45 am]
Office of the Secretary
BILLING CODE 6712–01–P
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Federal Election Commission.
The Open Meeting Scheduled For
Thursday, March 12, 2009, Was
Cancelled.
DATE AND TIME: Wednesday, March 18,
2009, 11 a.m.
PLACE: 999 E Street, NW., Washington,
DC (ninth floor)
STATUS: This meeting will be closed to
the public.
ITEMS TO BE DISCUSSED:
Compliance matters pursuant to 2
U.S.C. 437g.
Audits conducted pursuant to 2
U.S.C. 437g, 438(b), and Title 26, U.S.C.
Matters concerning participation in
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arbitration.
Internal personnel rules and
procedures or matters affecting a
particular employee.
DATE AND TIME: Thursday, March 19,
2009, at 10 a.m.
PLACE: 999 E Street, NW., Washington,
DC (ninth floor).
STATUS: This meeting will be open to the
public.
ITEMS TO BE DISCUSSED:
Correction and Approval of Minutes.
Draft Advisory Opinion 2009–01:
Socialist Workers Party by counsel,
Michael Krinsky, Esq., and Lindsey
Frank, Esq.
Draft Advisory Opinion 2009–04: Al
Franken for U.S. Senate and the
Democratic Senatorial Campaign
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2009 Legislative Recommendations.
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Management and Administrative
Matters.
Individuals who plan to attend and
require special assistance, such as sign
language interpretation or other
reasonable accommodations, should
contact Mary Dove, Commission
Secretary, at (202) 694–1040, at least 72
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AGENCY:
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Secretary’s Advisory Committee on
Genetics, Health, and Society; Request
for Public Comment
SUMMARY: The Secretary’s Advisory
Committee on Genetics, Health, and
Society (SACGHS) is requesting public
comments on a Draft Report to the
Secretary of Health and Human
Services, ‘‘Public Consultation Draft
Report on Gene Patents and Licensing
Practices and Their Impact on Patient
Access to Genetic Tests’’ (available at
https://oba.od.nih.gov/SACGHS/
sacghs_public_comments.html).
A copy can also be obtained from the
National Institutes of Health (NIH)
Office of Biotechnology Activities
(OBA) by e-mailing
faunteroytd@od.nih.gov or calling
301–496–9838.
DATES: The public is asked to submit
comments by May 15, 2009, in order to
be considered by SACGHS in preparing
its final report.
ADDRESSES: Comments on the draft
report should be addressed to Steven
Teutsch, M.D., M.P.H., Chair, SACGHS,
and transmitted via an e-mail to
greningerd@od.nih.gov. Comments may
also be submitted by mailing or faxing
a copy to NIH OBA at 6705 Rockledge
Drive, Suite 750, Bethesda, MD 20892.
NIH OBA’s fax number is 301–496–
9838.
FOR FURTHER INFORMATION CONTACT:
Darren Greninger, J.D., NIH OBA, 6705
Rockledge Drive, Suite 750, Bethesda,
MD 20892, 301–496–9838,
greningerd@od.nih.gov.
The
Department of Health and Human
Services (HHS) established SACGHS to
serve as a public forum for deliberations
on the broad range of human health and
societal issues raised by the
development and use of genetic and
genomic technologies and, as warranted,
to provide advice on these issues. For
more information about the Committee,
please visit its Web site, https://
oba.od.nih.gov/sacghs/
sacghs_home.html.
SUPPLEMENTARY INFORMATION:
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Agencies
[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Notices]
[Pages 11728-11730]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6020]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[DA 09-473]
Notice of Suspension and Initiation of Debarment Proceedings;
Schools and Libraries Universal Service Support Mechanism
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Enforcement Bureau (the ``Bureau'') gives notice of Mr.
Frankie Logyang Wong's suspension from the schools and libraries
universal service support mechanism (or ``E-Rate Program'').
Additionally, the Bureau gives notice that debarment proceedings are
commencing against him. Mr. Wong, or any person who has an existing
contract with or intends to contract with him to provide or receive
services in matters arising out of activities associated with or
related to the schools and libraries support, may respond by filing an
opposition request, supported by documentation to Rebekah Bina, Federal
Communications Commission, Enforcement Bureau, Investigations and
Hearings Division, Room 4-C330, 445 12th Street, SW., Washington, DC
20554.
DATES: Opposition requests must be received by April 20, 2009. However,
an opposition request by the party to be suspended must be received 30
days from the receipt of the suspension letter or April 20, 2009,
whichever comes first. The Bureau will decide any opposition request
for reversal or modification of suspension or debarment within 90 days
of its receipt of such requests.
FOR FURTHER INFORMATION CONTACT: Rebekah Bina, Federal Communications
Commission, Enforcement Bureau, Investigations and Hearings Division,
Room 4-C330, 445 12th Street, SW., Washington, DC 20554. Rebekah Bina
may be contacted by phone at (202) 418-7931 or e-mail at
Rebekah.Bina@fcc.gov. If Ms. Bina 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 has suspension and debarment
authority pursuant to 47 CFR 54.8 and 47 CFR 0.111(a)(14). Suspension
will help to 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, DA 09-473,
which was mailed to Mr. Wong and released on February 26, 2009. The
complete text of the notice of suspension and initiation of debarment
proceedings 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 suspension letter follows:
February 26, 2009.
DA 09-473
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED AND FACSIMILE (510-452-8405)
Mr. Frankie Logyang Wong
c/o David Gerger
1001 Fannin, Suite 1950
Houston, TX 77002
Re: Notice of Suspension and Initiation of Debarment Proceedings, File
No. EB-08-IH-5313
Dear Mr. Wong:
The Federal Communications Commission (``FCC'' or ``Commission'')
has received notice of your conviction of federal crimes, including
conspiracy to commit bribery, conspiracy to launder monetary
instruments, and multiple counts of bribery concerning programs
receiving federal funds, in connection with your participation in the
schools and libraries universal service support mechanism (``E-Rate
program'').\1\ 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.\2\
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\1\ See 18 U.S.C. 371 (conspiracy to bribery involving federal
programs), 666(a) (bribery concerning programs receiving federal
funds and aiding and abetting), and 1956(h) (conspiracy to lauder
monetary instruments). Any further reference in this letter to
``your conviction'' refers to your ten count conviction. United
States v. Frankie Logyang Wong, Criminal Docket No. 3:07-CR-00167-L-
2, Judgment (N.D. Tex. filed Nov. 14, 2008 and entered Nov. 17,
2008) (``Frankie Wong Judgment'').
\2\ 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)).
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[[Page 11729]]
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.\3\ On November 13, 2008, the United States District Court in
Texas sentenced you to serve ten years in prison following your
conviction of federal crimes, including conspiracy to commit bribery,
conspiracy to launder monetary instruments, and multiple counts of
bribery concerning programs receiving federal funds, in connection with
your participation the E-Rate program.\4\ In addition, you and a co-
conspirator were ordered to forfeit approximately $1 million as a
result of your conviction.\5\
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\3\ See Second Report and Order, 18 FCC Rcd at 9225, ] 66;
Program Management Order, 22 FCC Rcd at 16387, ] 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 Sec. 54.8(a)(6).
\4\ See supra note 1. See also https://dallas.fbi.gov/
dojpressrel/pressrel08/dl111308.htm (accessed Dec. 8, 2008) (``DOJ
November 13, 2008 Frankie Wong Press Release''); Frankie Wong
Judgment at 1-2.
\5\ See DOJ November 13, 2008 Frankie Wong Press Release;
Frankie Wong Judgment at 2 and 8.
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As the co-owner and president of Micro Systems Engineering, Inc.,
(``MSE''), you participated in a bribery and money laundering scheme
involving technology projects for the Dallas Independent School
District (``DISD''), including a contract that involved E-Rate funds
for Funding Year 2002 (``E-Rate FY 2002 Contract'').\6\ Beginning in
November 2002, MSE and other companies formed a consortium
(``Consortium'') for the purpose of submitting a bid proposal relating
to E-Rate services for the DISD. While your co-defendant Ruben B.
Bohuchot (``Mr. Bohuchot'') was Chief Technology Officer of the Dallas
Independent School District,\7\ the Consortium submitted a bid proposal
for E-Rate services after Mr. Bohuchot adjusted the requirements of
DISD's request for proposals to benefit you and your companies.
Ultimately, the Consortium's bid was approved by DISD.\8\ During the
same time period, you and MSE provided things of value to Mr. Bohuchot,
including extensive access to and control of large sports-fishing
vessels, payment for numerous vacations and various entertainment
services and cash.\9\ A federal jury ultimately determined that you and
Mr. Bohuchot engaged in a conspiracy to commit bribery and money
laundering. As a result of your criminal activity, MSE received at
least $35 million in aggregate revenue from DISD and the Universal
Service Administrative Company as a result of its participation in the
DISD E-Rate FY 2002 Contract.\10\
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\6\ See United States v. Ruben B. Bohuchot, et al., Criminal
Docket No. 3:07-CR-167-L-1, Indictment at 1,5-6,15 (N.D.Tex. filed
May 22, 2007, and entered May 24, 2007, under seal; unsealed May 29,
2007). (``DISD Indictment''); MSE was a computer reseller firm
providing computer products and services to large corporations and
school districts, principally in the state of Texas. See DISD
Indictment at 2; DOJ November 13, 2008 Frankie Wong Press Release at
1.
\7\ In a separate letter, we also serve notice of suspension and
initiation of debarment proceedings to Ruben B. Bohuchot for his
role in the DISD bribery and money laundering scheme, pursuant to
his conviction. See Letter from Hillary S. DeNigro, Chief
Investigations and Hearings Division, Enforcement Bureau, to Ruben
B. Bohuchot, Notice of Suspension and Initiation of Debarment
Proceedings, DA 09-471 (Inv. & Hearings Div., Enf. Bur. Feb. 26,
2009).
\8\ See DISD Indictment at 5-6; DOJ November 13, 2008 Frankie
Wong Press Release. MSE was able to obtain two contracts with DISD
as a result of information that Mr. Wong received from Mr. Bohuchot.
DISD Indictment at 2-6. In this proceeding, we only address the
contract involving E-Rate services.
\9\ DISD Indictment at 4-5, 7-21; DOJ November 13, 2008 Frankie
Wong Press Release.
\10\ DISD Indictment at 6. Based on a winning bid proposal
prepared utilizing information that Mr. Wong received from Mr.
Bohuchot, MSE received at least $4 million as a subcontractor under
another contract with DISD. See DISD Indictment at 4; DOJ November
13, 2008 Frankie Wong Press Release at 2.
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Pursuant to section 54.8(a)(4) of the Commission's rules,\11\ 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.\12\ Your suspension becomes
effective upon the earlier of your receipt of this letter or
publication of notice in the Federal Register.\13\
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\11\ 47 CFR 54.8(a)(4). See Second Report and Order, 18 FCC Rcd
at 9225-9227, ]] 67-74.
\12\ 47 CFR 54.8(a)(1), (d).
\13\ Second Report and Order, 18 FCC Rcd at 9226, ] 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.\14\ Such requests, however, will not
ordinarily be granted.\15\ The Bureau may reverse or limit the scope of
suspension only upon a finding of extraordinary circumstances.\16\
Absent extraordinary circumstances, the Bureau will decide any request
for reversal or modification of suspension within 90 days of its
receipt of such request.\17\
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\14\ 47 CFR 54.8(e)(4).
\15\ Id.
\16\ 47 CFR 54.8(e)(5).
\17\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47
CFR 54.8(e)(5), 54.8(f).
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II. Initiation of Debarment Proceedings
Your 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.\18\ 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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\18\ ``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.\19\ Absent
extraordinary circumstances, the Bureau will debar you.\20\ 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
[[Page 11730]]
to debar.\21\ 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.\22\
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\19\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47
CFR 54.8(e)(3).
\20\ Second Report and Order, 18 FCC Rcd at 9227, ] 74.
\21\ See id., 18 FCC Rcd at 9226, ] 70; 47 CFR 54.8(e)(5).
\22\ 47 CFR 54.8(e)(5). 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 at least three years
from the date of debarment.\23\ The Bureau may, if necessary to protect
the public interest, extend the debarment period.\24\
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\23\ Second Report and Order, 18 FCC Rcd at 9225, ] 67; 47 CFR
54.8(d), 54.8(g).
\24\ 47 CFR 54.8(g).
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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 Rebekah Bina, 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 Rebekah Bina, 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 Rebekah.Bina@fcc.gov and to Vickie.Robinson@fcc.gov.
If you have any questions, please contact Ms. Bina via mail, by
telephone at (202) 418-7931 or by e-mail at Rebekah.Bina@fcc.gov. If
Ms. Bina 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), Dayle A. Elieson, U.S. Attorney's Office, United States
Department of Justice (via mail)
[FR Doc. E9-6020 Filed 3-18-09; 8:45 am]
BILLING CODE 6712-01-P