Notice of Debarment; Schools and Libraries Universal Service Support Mechanism, 25534-25537 [E9-12420]
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25534
Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Notices
TABLE 2—DWSRF STATE PERCENTAGES AND DOLLAR ALLOTMENTS BASED ON THE PRESIDENT’S BUDGET REQUEST FOR
FY 2010 AND THE 2007 NEEDS ASSESSMENT—Continued
FY 2010
allotment ($)
State
2010 allotment
(%)
Puerto Rico ......................................................................................................................................................
Rhode Island ....................................................................................................................................................
South Carolina .................................................................................................................................................
South Dakota ...................................................................................................................................................
Tennessee .......................................................................................................................................................
Texas ...............................................................................................................................................................
Utah .................................................................................................................................................................
Vermont ...........................................................................................................................................................
Virginia .............................................................................................................................................................
Washington ......................................................................................................................................................
West Virginia ....................................................................................................................................................
Wisconsin .........................................................................................................................................................
Wyoming ..........................................................................................................................................................
District of Columbia .........................................................................................................................................
U.S. Territories* ...............................................................................................................................................
14,680,000
14,680,000
14,680,000
14,680,000
16,315,000
93,293,000
14,680,000
14,680,000
24,885,000
37,477,000
14,680,000
25,308,000
14,680,000
14,680,000
22,020,000
1.00
1.00
1.00
1.00
1.11
6.36
1.00
1.00
1.70
2.55
1.00
1.72
1.00
1.00
1.50
Total Funds Available to the States, the District of Columbia, Puerto Rico, and U.S. Territories ..........
1,468,000,000
............................
American Indian & Alaska Native Water Systems ..........................................................................................
Monitoring for Unregulated Contaminants .......................................................................................................
30,000,000
2,000,000
............................
............................
Total SRF Appropriation ...........................................................................................................................
1,500,000,000
............................
* Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
Dated: May 14, 2009.
Paul F. Simon,
Acting Director, Office of Ground Water and
Drinking Water.
[FR Doc. E9–12470 Filed 5–27–09; 8:45 am]
BILLING CODE 6560–50–P
EXPORT-IMPORT BANK OF THE
UNITED STATES
Notice of Open Special Meeting of the
Sub-Saharan Africa Advisory
Committee (SAAC) of the ExportImport Bank of the United States
(Export-Import Bank)
SUMMARY: The Sub-Saharan Africa
Advisory Committee was established by
Public Law 105–121, November 26,
1997, to advise the Board of Directors on
the development and implementation of
policies and programs designed to
support the expansion of the Bank’s
financial commitments in Sub-Saharan
Africa under the loan, guarantee and
insurance programs of the Bank.
Further, the committee shall make
recommendations on how the Bank can
facilitate greater support by U.S.
commercial banks for trade with SubSaharan Africa.
Time and Place: June 3, 2009, at 9:30
a.m. to 12 p.m. The meeting will be held
at the Export-Import Bank in Room
1143, 811 Vermont Avenue, NW.,
Washington, DC 20571.
Agenda: Presentation of recently
published ‘‘U.S.-African Trade Profile’’
by Department of Commerce; discussion
VerDate Nov<24>2008
17:11 May 27, 2009
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and update on the 2008 committee
recommendations to U.S. Congress
followed by a preliminary discussion on
this year’s recommendations including a
possible sub-Saharan Africa special
initiative; and an update on the Bank’s
on-going business development
initiatives.
Public Participation: The meeting will
be open to public participation, and the
last 10 minutes will be set aside for oral
questions or comments. Members of the
public may also file written statement(s)
before or after the meeting. If any person
wishes auxiliary aids (such as a sign
language interpreter) or other special
accommodations, please contact, prior
to June 3, 2009, Barbara Ransom, Room
1241, 811 Vermont Avenue, NW.,
Washington, DC 20571, Voice: (202)
565–3525 or TDD (202) 565–3377.
FOR FURTHER INFORMATION CONTACT: For
further information, contact Barbara
Ransom, Room 1241, 811 Vermont
Avenue, NW., Washington, DC 20571,
(202) 565–3525.
Kamil Cook,
General Counsel (Acting).
[FR Doc. E9–12321 Filed 5–27–09; 8:45 am]
BILLING CODE 6690–01–P
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FEDERAL COMMUNICATIONS
COMMISSION
[FCC 09–37]
Notice of Debarment; Schools and
Libraries Universal Service Support
Mechanism
AGENCY: Federal Communications
Commission.
ACTION: Notice.
SUMMARY: The Enforcement Bureau (the
‘‘Bureau’’) debars Ms. Judy Green from
the schools and libraries universal
service support mechanism (or ‘‘E–Rate
Program’’) for a period of ten years. The
Bureau takes this action to protect the
E–Rate Program from waste, fraud and
abuse.
DATES: Debarment commences on the
date Ms. Judy Green receives the
debarment letter or May 28, 2009,
whichever date come first, for a period
of three years.
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.
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Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Notices
The
Bureau debarred Ms. Judy Green from
the schools and libraries universal
service support mechanism for a period
of ten years pursuant to 47 CFR 54.8 and
47 CFR 0.111. Attached is the
debarment letter, FCC 09–37, which was
mailed to Ms. Judy Green and released
on May 12, 2009. 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.
SUPPLEMENTARY INFORMATION:
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
The debarment letter, which attached
the suspension letter, follows: May 12,
2009.
Via Certified Mail—Return Receipt
Requested and Via Facsimile (510)
452–8405.
Ms. Judy Green, c/o Eric G. Babcock,
Esq., Law Offices of Erick Babcock,
1212 Broadway, Suite 726,
Oakland, CA 94612.
Re: Notice of Debarment; File No. EB–
08–IH–1139
Dear Ms. Green: 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 ten years.1
On September 4, 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 September 17,
2008.3 The Notice of Suspension
suspended you from the schools and
See 47 CFR 0.111(a), 54.8.
2 Letter from Hillary S. DeNigro, Chief,
Investigations and Hearings Division, Enforcement
Bureau, Federal Communications Commission, to
Mr. Joseph Mello, Notice of Suspension and
Initiation of Debarment Proceedings, DA 08–2041
(Inv. & Hearings Div., Enf. Bur., rel. Sept. 4, 2008)
(Attachment 1).
3 73 FR 53868 (Sept. 17, 2008).
1
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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 mail
fraud and income tax fraud, in violation
of 18 U.S.C. 1341, in connection with
your participation in the E–Rate
program involving telecommunications
upgrade projects in four Connecticut
school districts.6 You admitted to
participating in a scheme to defraud the
E–Rate program whereby you agreed, in
your capacity as Vice President of
Operations for Innovative Network
Solutions (‘‘INS’’), to accept invoices
submitted by fictitious companies for
work allegedly performed in the
Connecticut school districts.7 As a
result of your actions, INS made
payments totaling $608,505 on those
fictitious invoices that were ultimately
submitted to the Universal Service
Administrative Company as legitimately
reimbursable services under the E–Rate
program.8 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.9 For
the foregoing reasons, you are hereby
debarred for a period of ten 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.10 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
See Notice of Suspension, 73 FR at 53869–70.
See 47 CFR 54.8(e)(3) and (4). That date
occurred no later than October 17, 2008. See supra
note 3.
6 73 FR at 53869.
7 Id.
8 Id.
9 47 CFR 54.8(c).
10 See 47 CFR 54.8(g). See also Notice of
Suspension, 73 FR at 53870.
4
5
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25535
service providers regarding the schools
and libraries support mechanism.’’ 11
Sincerely,
Hillary S. DeNigro,
Chief, Investigations and Hearings
Division, Enforcement Bureau.
cc: Calvin B. Kurimai, Esq., Assistant
United States Attorney, Department of
Justice (via e-mail)
Kristy Carroll, Esq., Universal Service
Administrative Company (via email) September 4, 2008.
FCC 09–37.
Via Certified Mail—Return Receipt
Requested and E–Mail.
Ms. Judy Green, c/o Erik G. Babcock,
Esq., Law Offices of Erik Babcock,
1212 Broadway, Suite 726, Oakland,
CA 94612.
Re: Notice of Suspension and Initiation
of Debarment Proceedings, File No.
EB–08–IH–1139
Dear Ms. Green: The Federal
Communications Commission (‘‘FCC’’
or ‘‘Commission’’) has received notice of
your conviction of mail fraud, in
violation of 18 U.S.C. 1341, and
subscribing a false tax return, in
violation of 26 U.S.C. 7206(1), in
connection with your participation in
the schools and libraries universal
service support mechanism (‘‘E–Rate
program’’).12 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.13
11 See 47 CFR 54.8(a)(1), 54.8(a)(5), 54.8(d);
Notice of Suspension, 73 FR at 53869.
12 Any further reference in this letter to ‘‘your
conviction’’ refers to your guilty plea and
subsequent conviction of one count of mail fraud
and one count of subscribing a false tax Return.
United States v. Joseph E. Mello, Criminal Docket
No. 3:07–CR–00224 (RNC–1), Plea Agreement
(D.Conn. filed and entered Oct. 9, 2007) (‘‘Mello
Plea Agreement’’); United States v. Joseph E. Mello,
3:07–CR–00224 (RNC–1), Judgment (D.Conn. filed
June 26, 2008 and entered June 30, 2008) (‘‘Mello
Judgment’’). See also United States v. Joseph E.
Mello, Criminal Docket No. 3:07–CR–00224 (RNC–
1), Information (D. Conn. filed and entered Oct. 9,
2007) (‘‘Mello Information’’).
13 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
E:\FR\FM\28MYN1.SGM
Continued
28MYN1
25536
Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / 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.14 You pled guilty to mail
fraud and income tax fraud in
connection with your participation in
the E–Rate program involving
telecommunications upgrade projects in
four Connecticut school districts.15
While employed as Vice President of
Operations for Innovative Network
Solutions (‘‘INS’’), a first-tier
subcontractor of Southwestern Bell
Communications (‘‘SBC’’) for
performing E–Rate funded
telecommunications upgrades, you and
former SBC employees Richard E.
Brown and Keith J. Madeiros
participated in a scheme to defraud the
E–Rate program.16 In your position at
INS, you agreed to accept invoices
submitted by fictitious companies
created by Mr. Madeiros and Mr. Brown
for work allegedly performed in the
Connecticut school districts.17 INS
made payments totaling $608,505 on
those fictitious invoices and then passed
the costs on to SBC as legitimately
reimbursable services under the E–Rate
program.18
Pursuant to section 54.8(a)(4) of the
Commission’s rules,19 your conviction
requires the Bureau to suspend you
from participating in any activities
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)).
14 Second Report and Order, 18 FCC Rcd at 9225,
para. 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 54.8(a)(6).
15 See Mello Information at 2; Mello Plea
Agreement at 1–2, 5; Mello Judgment at 1.
16 Mello Information at 3. The Bureau has
debarred Richard E. Brown and Keith Madeiros
from the E–Rate Program. See Letter from Hillary
S. DeNigro, Chief, Investigations and Hearings
Division, Enforcement Bureau, to Richard E. Brown,
Notice of Debarment, 22 FCC Rcd 20569 (Inv. &
Hearings Div., Enf. Bur. 2007); Letter from Hillary
S. DeNigro, Chief, Investigations and Hearings
Division, Enforcement Bureau, to Keith J. Madeiros,
Notice of Debarment, 23 FCC Rcd 7959 (Inv. &
Hearings Div., Enf. Bur. 2008).
17 Mello Information at 2–4. See also Department
of Justice, Press Release (Oct. 9, 2007)(available at
https://www.usdoj.gov/usao/ct/Press2007/
20071009.html)(last accessed Feb. 5, 2008)(‘‘DOJ
October 9 Press Release’’).
18 Mello Information at 4.
19 47 CFR 54.8(a)(4). See Second Report and
Order, 18 FCC Rcd at 9225–27, paras. 67–74.
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17:11 May 27, 2009
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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.20 Your suspension
becomes effective upon the earlier of
your receipt of this letter or publication
of notice in the Federal Register.21
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.22 Such requests,
however, will not ordinarily be
granted.23 The Bureau may reverse or
limit the scope of suspension only upon
a finding of extraordinary
circumstances.24 Absent extraordinary
circumstances, the Bureau will decide
any request for reversal or modification
of suspension within 90 days of its
receipt of such request.25
II. Initiation of Debarment Proceedings
Your guilty plea to 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.26 Therefore,
pursuant to section 54.8(a)(4) of the
Commission’s rules, your conviction
20 Second Report and Order, 18 FCC Rcd at 9225,
para. 67; 47 U.S.C. 254; 47 CFR 54.502–54.503; 47
CFR 54.521(a)(4).
21 Second Report and Order, 18 FCC Rcd at 9226,
para. 69; 47 CFR 54.8(e)(1).
22 47 CFR 54.8(e)(4).
23 Id.
24 47 CFR 54.8(e)(5).
25 See Second Report and Order, 18 FCC Rcd at
9226, para. 70; 47 CFR 54.8(e)(5), 54.8(f).
26 ‘‘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 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 mechanism.’’ 47 CFR 54.8(a)(1).
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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.27 Absent
extraordinary circumstances, the Bureau
will debar you.28 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.29 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.30
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.31 The
Bureau may, if necessary to protect the
public interest, extend the debarment
period.32
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.,
27 See Second Report and Order, 18 FCC Rcd at
9226, para. 70; 47 CFR 54.8(e)(3).
28 Second Report and Order, 18 FCC Rcd at 9227,
para. 74.
29 See id., 18 FCC Rcd at 9226, para. 70; 47 CFR
54.8(e)(5).
30 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).
31 Second Report and Order, 18 FCC Rcd at 9225,
para. 67; 47 CFR 54.8(d), 54.8(g).
32 Id.
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Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Notices
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: Calvin B. Kurimai, Esq., Assistant
United States Attorney.
Kristy Carroll, Esq., Universal Service
Administrative Company (via
e-mail).
[FR Doc. E9–12420 Filed 5–27–09; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
Notice of Agency Meeting; Sunshine
Act
Pursuant to the provisions of the
‘‘Government in the Sunshine Act’’ (5
U.S.C. 552b), notice is hereby given
that the Federal Deposit Insurance
Corporation’s Board of Directors will
meet in open session at 10 a.m. on
Friday, May 29, 2009, to consider the
following matters:
SUMMARY AGENDA:
No substantive discussion of the
following items is anticipated. These
matters will be resolved with a single
vote unless a member of the Board of
Directors requests that an item be
moved to the discussion agenda.
Summary reports, status reports, and
reports of actions taken pursuant to
authority delegated by the Board of
Directors.
Memorandum and resolution re:
Establishment of the FDIC Advisory
Committee on Community Banking.
Memorandum and resolution re: Final
Rule that restates, without change, the
Interim Rule that Amended the
Temporary Liquidity Guarantee Program
to Extend the Debt Guarantee Program
and to Impose Surcharges on
Assessments for Certain Debt Issued on
or after April 1, 2009.
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17:11 May 27, 2009
Jkt 217001
Memorandum and resolution re: Final
Rule Providing for Modification of the
Temporary Liquidity Guarantee Program
to Guarantee Mandatory Convertible
Debt.
DISCUSSION AGENDA:
Memorandum and resolution re: Final
Rule for Interest Rate Restrictions on
Insured Depository Institutions That Are
Not Well Capitalized.
Memorandum and resolution re:
Interagency Notice of Proposed
Rulemaking to Implement the Secure
and Fair Enforcement for Mortgage
Licensing Act of 2008.
Memorandum and resolution re:
Interagency Final Rule and Advanced
Notice of Proposed Rulemaking on the
Accuracy and Integrity of Information
Furnished to Consumer Reporting
Agencies, and Interagency Final Rule on
Consumers’ Right to Dispute Inaccurate
Information Provided to Consumer
Reporting Agencies.
The meeting will be held in the Board
Room on the sixth floor of the FDIC
Building located at 550 17th Street,
NW., Washington, DC.
This Board meeting will be Webcast
live via the Internet and subsequently
made available on-demand
approximately one week after the event.
Visit https://www.vodium.com/goto/fdic/
boardmeetings.asp to view the event. If
you need any technical assistance,
please visit our Video Help page at:
https://www.fdic.gov/video.html.
The FDIC will provide attendees with
auxiliary aids (e.g., sign language
interpretation) required for this meeting.
Those attendees needing such assistance
should call (703) 562–6067 (Voice or
TTY), to make necessary arrangements.
Requests for further information
concerning the meeting may be directed
to Mr. Robert E. Feldman, Executive
Secretary of the Corporation, at (202)
898–7043.
Dated: May 22, 2009.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. E9–12452 Filed 5–26–09; 11:15 am]
BILLING CODE P
FEDERAL HOUSING FINANCE
AGENCY
[No. 2009–N–07]
Submission for OMB Review;
Comment Request
AGENCY: Federal Housing Finance
Agency.
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25537
ACTION: 30-Day notice of submission of
information collection for approval from
the Office of Management and Budget.
SUMMARY: In accordance with the
requirements of the Paperwork
Reduction Act of 1995, the Federal
Housing Finance Agency (FHFA) is
submitting the information collection
entitled ‘‘Advances to Housing
Associates’’ to the Office of Management
and Budget (OMB) for review and
approval of a three year extension of
OMB control number 2590–0001, which
is due to expire on June 30, 2009.
DATES: Interested persons may submit
comments on or before June 29, 2009.
ADDRESSES: Submit comments to the
Office of Information and Regulatory
Affairs of the Office of Management and
Budget, Attention: Desk Officer for the
Federal Housing Finance Agency,
Washington, DC 20503, Fax: 202–395–
6974, E-mail address:
OIRA_Submission@omb.eop.gov.
For Further Information or Copies of
the Information Collection Contact:
Jonathan F. Curtis, Financial Analyst,
Division of Federal Home Loan Bank
Regulation, by telephone at 202–408–
2866 (not a toll-free number), by
electronic mail at
jonathan.curtis@fhfa.gov, or by regular
mail at the Federal Housing Finance
Agency, 1625 Eye Street, NW.,
Washington, DC 20006–4001. The
telephone number for the
Telecommunications Device for the Deaf
is 800–877–8339.
SUPPLEMENTARY INFORMATION:
A. Need for and Use of the Information
Collection
Section 10b of the Federal Home Loan
Bank Act (Bank Act) (12 U.S.C. 1430b)
authorizes the Federal Home Loan
Banks (Banks) to make advances under
certain circumstances to certified
nonmember mortgagees. The FHFA
refers to nonmember mortgagees as
housing associates. In order to be
certified as a housing associate, an
applicant must meet the eligibility
requirements set forth in section 10b of
the Bank Act. 12 CFR part 926
implements the statutory eligibility
requirements and establishes uniform
review criteria an applicant must meet
in order to be certified as a housing
associate by a Bank. More specifically,
sections 926.3 and 926.4 (12 CFR 926.3–
926.4) implement the statutory
eligibility requirements and provide
guidance to an applicant on how it may
satisfy such requirements. Section 926.5
(12 CFR 926.5) authorizes the Banks to
approve or deny all applications for
certification as a housing associate,
E:\FR\FM\28MYN1.SGM
28MYN1
]]>Agencies
[Federal Register Volume 74, Number 101 (Thursday, May 28, 2009)]
[Notices]
[Pages 25534-25537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12420]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
[FCC 09-37]
Notice of Debarment; Schools and Libraries Universal Service
Support Mechanism
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Enforcement Bureau (the ``Bureau'') debars Ms. Judy Green
from the schools and libraries universal service support mechanism (or
``E-Rate Program'') for a period of ten years. The Bureau takes this
action to protect the E-Rate Program from waste, fraud and abuse.
DATES: Debarment commences on the date Ms. Judy Green receives the
debarment letter or May 28, 2009, whichever date come first, for a
period of three years.
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.
[[Page 25535]]
SUPPLEMENTARY INFORMATION: The Bureau debarred Ms. Judy Green from the
schools and libraries universal service support mechanism for a period
of ten years pursuant to 47 CFR 54.8 and 47 CFR 0.111. Attached is the
debarment letter, FCC 09-37, which was mailed to Ms. Judy Green and
released on May 12, 2009. 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.
Marlene H. Dortch,
Secretary.
The debarment letter, which attached the suspension letter,
follows: May 12, 2009.
Via Certified Mail--Return Receipt Requested and Via Facsimile (510)
452-8405.
Ms. Judy Green, c/o Eric G. Babcock, Esq., Law Offices of Erick
Babcock, 1212 Broadway, Suite 726, Oakland, CA 94612.
Re: Notice of Debarment; File No. EB-08-IH-1139
Dear Ms. Green: 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 ten
years.\1\
---------------------------------------------------------------------------
\1\ See 47 CFR 0.111(a), 54.8.
---------------------------------------------------------------------------
On September 4, 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 September 17, 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\
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\2\ Letter from Hillary S. DeNigro, Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications
Commission, to Mr. Joseph Mello, Notice of Suspension and Initiation
of Debarment Proceedings, DA 08-2041 (Inv. & Hearings Div., Enf.
Bur., rel. Sept. 4, 2008) (Attachment 1).
\3\ 73 FR 53868 (Sept. 17, 2008).
\4\ See Notice of Suspension, 73 FR at 53869-70.
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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 October 17, 2008. See supra note 3.
---------------------------------------------------------------------------
As discussed in the Notice of Suspension, you pled guilty to mail
fraud and income tax fraud, in violation of 18 U.S.C. 1341, in
connection with your participation in the E-Rate program involving
telecommunications upgrade projects in four Connecticut school
districts.\6\ You admitted to participating in a scheme to defraud the
E-Rate program whereby you agreed, in your capacity as Vice President
of Operations for Innovative Network Solutions (``INS''), to accept
invoices submitted by fictitious companies for work allegedly performed
in the Connecticut school districts.\7\ As a result of your actions,
INS made payments totaling $608,505 on those fictitious invoices that
were ultimately submitted to the Universal Service Administrative
Company as legitimately reimbursable services under the E-Rate
program.\8\ 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.\9\ For the foregoing
reasons, you are hereby debarred for a period of ten 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.\10\
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.'' \11\
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\6\ 73 FR at 53869.
\7\ Id.
\8\ Id.
\9\ 47 CFR 54.8(c).
\10\ See 47 CFR 54.8(g). See also Notice of Suspension, 73 FR
at 53870.
\11\ See 47 CFR 54.8(a)(1), 54.8(a)(5), 54.8(d); Notice of
Suspension, 73 FR at 53869.
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Sincerely,
Hillary S. DeNigro,
Chief, Investigations and Hearings Division, Enforcement Bureau.
cc: Calvin B. Kurimai, Esq., Assistant United States Attorney,
Department of Justice (via e-mail)
Kristy Carroll, Esq., Universal Service Administrative Company (via
e-mail) September 4, 2008.
FCC 09-37.
Via Certified Mail--Return Receipt Requested and E-Mail.
Ms. Judy Green, c/o Erik G. Babcock, Esq., Law Offices of Erik Babcock,
1212 Broadway, Suite 726, Oakland, CA 94612.
Re: Notice of Suspension and Initiation of Debarment Proceedings, File
No. EB-08-IH-1139
Dear Ms. Green: The Federal Communications Commission (``FCC'' or
``Commission'') has received notice of your conviction of mail fraud,
in violation of 18 U.S.C. 1341, and subscribing a false tax return, in
violation of 26 U.S.C. 7206(1), in connection with your participation
in the schools and libraries universal service support mechanism (``E-
Rate program'').\12\ 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.\13\
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\12\ Any further reference in this letter to ``your conviction''
refers to your guilty plea and subsequent conviction of one count of
mail fraud and one count of subscribing a false tax Return. United
States v. Joseph E. Mello, Criminal Docket No. 3:07-CR-00224 (RNC-
1), Plea Agreement (D.Conn. filed and entered Oct. 9, 2007) (``Mello
Plea Agreement''); United States v. Joseph E. Mello, 3:07-CR-00224
(RNC-1), Judgment (D.Conn. filed June 26, 2008 and entered June 30,
2008) (``Mello Judgment''). See also United States v. Joseph E.
Mello, Criminal Docket No. 3:07-CR-00224 (RNC-1), Information (D.
Conn. filed and entered Oct. 9, 2007) (``Mello Information'').
\13\ 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 25536]]
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.\14\ You pled guilty to mail fraud and income tax fraud in
connection with your participation in the E-Rate program involving
telecommunications upgrade projects in four Connecticut school
districts.\15\ While employed as Vice President of Operations for
Innovative Network Solutions (``INS''), a first-tier subcontractor of
Southwestern Bell Communications (``SBC'') for performing E-Rate funded
telecommunications upgrades, you and former SBC employees Richard E.
Brown and Keith J. Madeiros participated in a scheme to defraud the E-
Rate program.\16\ In your position at INS, you agreed to accept
invoices submitted by fictitious companies created by Mr. Madeiros and
Mr. Brown for work allegedly performed in the Connecticut school
districts.\17\ INS made payments totaling $608,505 on those fictitious
invoices and then passed the costs on to SBC as legitimately
reimbursable services under the E-Rate program.\18\
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\14\ Second Report and Order, 18 FCC Rcd at 9225, para. 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 54.8(a)(6).
\15\ See Mello Information at 2; Mello Plea Agreement at 1-2, 5;
Mello Judgment at 1.
\16\ Mello Information at 3. The Bureau has debarred Richard E.
Brown and Keith Madeiros from the E-Rate Program. See Letter from
Hillary S. DeNigro, Chief, Investigations and Hearings Division,
Enforcement Bureau, to Richard E. Brown, Notice of Debarment, 22 FCC
Rcd 20569 (Inv. & Hearings Div., Enf. Bur. 2007); Letter from
Hillary S. DeNigro, Chief, Investigations and Hearings Division,
Enforcement Bureau, to Keith J. Madeiros, Notice of Debarment, 23
FCC Rcd 7959 (Inv. & Hearings Div., Enf. Bur. 2008).
\17\ Mello Information at 2-4. See also Department of Justice,
Press Release (Oct. 9, 2007)(available at https://www.usdoj.gov/usao/ct/Press2007/20071009.html)(last accessed Feb. 5, 2008)(``DOJ
October 9 Press Release'').
\18\ Mello Information at 4.
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Pursuant to section 54.8(a)(4) of the Commission's rules,\19\ 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.\20\ Your suspension becomes
effective upon the earlier of your receipt of this letter or
publication of notice in the Federal Register.\21\
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\19\ 47 CFR 54.8(a)(4). See Second Report and Order, 18 FCC Rcd
at 9225-27, paras. 67-74.
\20\ Second Report and Order, 18 FCC Rcd at 9225, para. 67; 47
U.S.C. 254; 47 CFR 54.502-54.503; 47 CFR 54.521(a)(4).
\21\ Second Report and Order, 18 FCC Rcd at 9226, para. 69; 47
CFR 54.8(e)(1).
---------------------------------------------------------------------------
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.\22\ Such requests, however, will not
ordinarily be granted.\23\ The Bureau may reverse or limit the scope of
suspension only upon a finding of extraordinary circumstances.\24\
Absent extraordinary circumstances, the Bureau will decide any request
for reversal or modification of suspension within 90 days of its
receipt of such request.\25\
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\22\ 47 CFR 54.8(e)(4).
\23\ Id.
\24\ 47 CFR 54.8(e)(5).
\25\ 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 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.\26\ 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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\26\ ``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
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
mechanism.'' 47 CFR 54.8(a)(1).
---------------------------------------------------------------------------
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.\27\ Absent
extraordinary circumstances, the Bureau will debar you.\28\ 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.\29\ 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.\30\
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\27\ See Second Report and Order, 18 FCC Rcd at 9226, para. 70;
47 CFR 54.8(e)(3).
\28\ Second Report and Order, 18 FCC Rcd at 9227, para. 74.
\29\ See id., 18 FCC Rcd at 9226, para. 70; 47 CFR 54.8(e)(5).
\30\ 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).
---------------------------------------------------------------------------
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.\31\ The Bureau may, if necessary to protect the
public interest, extend the debarment period.\32\
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\31\ Second Report and Order, 18 FCC Rcd at 9225, para. 67; 47
CFR 54.8(d), 54.8(g).
\32\ 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 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.,
[[Page 25537]]
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: Calvin B. Kurimai, Esq., Assistant United States Attorney.
Kristy Carroll, Esq., Universal Service Administrative Company (via
e-mail).
[FR Doc. E9-12420 Filed 5-27-09; 8:45 am]
BILLING CODE 6712-01-P
