Notice of Debarment; Schools and Libraries Universal Service Support Mechanism, 47249-47251 [E9-22029]
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Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices
sroberts on DSKD5P82C1PROD with NOTICES
Background
The Boston Felt Project was granted
an exemption from licensing on August
29, 1983 (24 FERC ¶ 62,240). The
project stopped operations in May 2006,
due to a breach of the project dam by
high river flows.
By letter of October 12, 2007, the
Commission issued a letter to the
exemptee directing it to file either a
detailed plan and schedule to resume
generation at the project, or a request to
surrender the exemption. In response,
the exemptee filed a plan and schedule
on April 28, 2008.
By letter of July 3, 2008, the
Commission directed the exemptee to
provide quarterly progress reports of the
status of project repairs to include
documentation of contracts issued,
permits obtained, agreements made,
etc., which were to be filed October 1,
2008, January 1, 2009, April 1, 2009,
July 1, 2009, and October 1, 2009, or
until the project had resumed
generation. In that letter, the exemptee
was reminded that failure to provide
progress reports showing adequate
progress may subject it to further
compliance action.
By letter dated January 21, 2009, the
FWS stated that, as a result of the
Boston Felt Project being in a state of
disrepair, the project was adversely
impacting fish and wildlife resources of
the Salmon Falls River and cited the
need to implement fish passage
measures, pursuant to the mandatory
terms and conditions of the exemption.
In its letter, the FWS further stated that
it is in the public interest to revoke the
project exemption and require removal
of the remaining portion of the dam
spillway.
By letter of March 5, 2009, the
Commission issued a letter to the
exemptee requiring it to show cause
why the Commission should not initiate
proceedings to revoke its exemption for
lack of adequate progress toward the
resumption of generation at the project.
In that letter, the Commission directed
the exemptee to include documentation
of contracts issued, permits obtained,
agreements made, etc., to demonstrate
adequate progress. In its response filed
March 31, 2009, the exemptee stated
that resumption of generation at the
project may be beyond their available
resources and further stated that, by
August 1, 2009, it would provide the
detailed information requested in the
Commission’s March 5, 2009.
To date, the information requested in
the Commission’s March 5, 2009 letter,
has not been filed and the project
remains inoperative.
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19:12 Sep 14, 2009
Jkt 217001
l. Comments, Protests, or Motions to
Intervene: Anyone may submit
comments, a protest, or a motion to
intervene in accordance with the
requirements of Rules of Practice and
Procedure, 18 CFR 385.210, .211, .214.
In determining the appropriate action to
take, the Commission will consider all
protests or other comments filed, but
only those who file a motion to
intervene in accordance with the
Commission’s Rules may become a
party to the proceeding. Any comments,
protests, or motions to intervene must
be received on or before the specified
comment date.
m. Any filings must bear in all capital
letters the title ‘‘COMMENTS’’,
‘‘PROTEST’’, or ‘‘MOTION TO
INTERVENE’’, as applicable, and the
Project Number to which the filing
refers.
n. Agency Comments: Federal, State,
and local agencies are invited to file
comments on the described proceeding.
If an agency does not file comments
within the time specified for filing
comments, it will be presumed to have
no comments.
47249
FEDERAL COMMUNICATIONS
COMMISSION
[DA 09–1960]
Notice of Debarment; Schools and
Libraries Universal Service Support
Mechanism
AGENCY: Federal Communications
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: The Enforcement Bureau (the
‘‘Bureau’’) debars Mr. Douglas A. Benit
from the schools and libraries universal
service support mechanism (or ‘‘-Rate
Program’’) for a period of three years
based on his conviction of mail fraud in
connection with his participation in the
program. The Bureau takes this action to
protect the E-Rate Program from waste,
fraud and abuse.
DATES: Debarment commences on the
date Mr. Douglas A. Benit receives the
debarment letter or September 15, 2009,
whichever comes 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 Michele
Berlove, Acting Assistant Division
Chief, Investigations and Hearings
Division, by telephone at (202) 418–
1420 and by e-mail at
michele.berlove@fcc.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Kimberly D. Bose,
Secretary.
[FR Doc. E9–22101 Filed 9–14–09; 8:45 am]
BILLING CODE 6717–01–P
FARM CREDIT ADMINISTRATION
Farm Credit Administration Board;
Sunshine Act; Regular Meeting
Farm Credit Administration.
Notice is hereby given,
pursuant to the Government in the
Sunshine Act (5 U.S.C. 552b(e)(3)), that
the October 8, 2009 regular meeting of
the Farm Credit Administration Board
(Board) has been rescheduled. The
regular meeting of the Board will be
held Thursday, October 15, 2009
starting at 9 a.m. An agenda for this
meeting will be published at a later
date.
FOR FURTHER INFORMATION CONTACT:
Roland E. Smith, Secretary to the Farm
Credit Administration Board, (703) 883–
4009, TTY (703) 883–4056.
Farm Credit
Administration, 1501 Farm Credit Drive,
McLean, Virginia 22102–5090.
ADDRESSES:
Dated: September 11, 2009.
Roland E. Smith,
Secretary, Farm Credit Administration Board.
[FR Doc. E9–22276 Filed 9–11–09; 4:15 pm]
BILLING CODE 6705–01–P
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The
Bureau debarred Mr. Douglas A. Benit
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. Attached is the
debarment letter, DA 09–1960, which
was mailed to Mr. Douglas A. Benit and
released on September 1, 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–
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47250
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices
3160, facsimile (202) 488–5563, or via email https://www.bcpiweb.com.
Hillary S. DeNigro,
Chief, Investigations and Hearings Division,
Enforcement Bureau, Federal
Communications Commission.
September 1, 2009
DA 09–1960
VIA CERTIFIED MAIL RETURN
RECEIPT REQUESTED
AND E-MAIL (edwishnow@aol.com)
AND FACSIMILE (248) 258–6007
Mr. Douglas A. Benit
c/o Edward C. Wishnow
240 Daines
Birmingham, MI 48009
sroberts on DSKD5P82C1PROD with NOTICES
Re: Notice of Debarment, File No. EB–
09–IH–0402
Dear Mr. Benit:
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.
On June 17, 2009, the Enforcement
Bureau (the ‘‘Bureau’’) sent you a Notice
of Suspension and Initiation of
Debarment Proceedings (the ‘‘Notice of
Suspension’’). That Notice of
Suspension was published in the
Federal Register on July 6, 2009. The
Notice of Suspension suspended you
from participating in activities
associated with or relating to 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.
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. The
Commission did not receive any such
opposition.
As discussed in the Notice of
Suspension, the United States District
Court for the Eastern District of
Michigan sentenced you to serve fortysix months in prison following your
guilty plea and conviction for the
federal crime of mail fraud in
connection with your role in a scheme
to defraud the Ecorse Public Schools
District (‘‘EPS’’) and the E-Rate program.
While employed by EPS, you devised
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19:12 Sep 14, 2009
Jkt 217001
and participated in a fraudulent scheme
to steer contracts to various companies
that directly or indirectly benefited you
and your companies, including
contracts involving E-Rate funds. 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. 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. 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.
Sincerely,
Hillary S. DeNigro
Chief, Investigations and Hearings Division
Enforcement Bureau
cc: Taurus N. Ziedas, United States
Attorney’s Office, Department of Justice (via
e-mail)
Kristy Carroll, Esq., Universal Service
Administrative Company (via e-mail)
Attachment 1
June 17, 2009
DA 09–1345
VIA CERTIFIED MAIL RETURN
RECEIPT REQUESTED
AND E-MAIL (edwishnow@aol.com)
AND FACSIMILE (248) 258–6007
Mr. Douglas A. Benit
c/o Edward C. Wishnow
240 Daines
Birmingham, MI 48009
Re: Notice of Suspension and Initiation
of Debarment Proceedings, File No. EB–
09–IH–0402
Dear Mr. Benit:
The Federal Communications
Commission (‘‘FCC’’ or ‘‘Commission’’)
has received notice of your conviction
of mail fraud, in violation of 18 U.S.C.
§§ 2, 1341, and 1346 in connection with
your participation in the schools and
libraries universal service support
mechanism (‘‘E-Rate program’’).
Consequently, pursuant to 47 C.F.R.
§ 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.
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Fmt 4703
Sfmt 4703
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. On November 24, 2008,
you, Douglas A. Benit, plead guilty to
mail fraud in connection with your
participation in the E-Rate program.
Specifically, you were employed as a
school official in the Ecorse Public
Schools District (‘‘EPS’’ or ‘‘District’’)
from 1997 to 2003, serving first as the
Director of Facility Development and
subsequently as the Assistant
Superintendent. While employed at
EPS, you were also an owner, employee,
agent or subcontractor of Coral
Technology, Inc. (‘‘Coral’’). During your
tenure at EPS, you were responsible for
approving the construction of new
facilities in the District using funds from
several sources, including the E-Rate
program. You admitted that while
employed at EPS and while concealing
your associations with Coral from EPS,
you and others devised a scheme to
defraud the District and the E-Rate
program by steering contracts for EPS to
various companies that directly or
indirectly benefited you and your
companies, primarily Coral. In
furtherance of the scheme, you
submitted to the Universal Service
Administrative Company (‘‘USAC’’)
documents supporting Coral’s
application for federal E-Rate funding,
while employed at EPS and within the
scope of your official responsibilities.
As a result of these contracts, which
were paid in part from the E-Rate
program, you and your company
personally benefited from the fraudulent
scheme by at least $2.276 million.
On March 31, 2009, you were
sentenced to serve forty-six months in
federal prison, to be followed by thirtysix months of supervised release for
your role in the scheme to defraud EPS
and the E-Rate program. You were also
ordered to pay $1.34 million in
restitution for your role in the scheme.
Pursuant to section 54.8(a)(4) of the
Commission’s rules, 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. Your suspension
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Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices
sroberts on DSKD5P82C1PROD with NOTICES
becomes effective upon the earlier of
your receipt of this letter or publication
of notice in the Federal Register.
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. Such requests,
however, will not ordinarily be granted.
The Bureau may reverse or limit the
scope of suspension only upon a finding
of extraordinary circumstances. Absent
extraordinary circumstances, the Bureau
will decide any request for reversal or
modification of suspension within 90
days of its receipt of such request.
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. 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. Absent
extraordinary circumstances, the Bureau
will debar you. 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. 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.
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. The
Bureau may, if necessary to protect the
public interest, extend the debarment
period.
Please direct any response, if by
messenger or hand delivery, to Marlene
VerDate Nov<24>2008
19:12 Sep 14, 2009
Jkt 217001
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 Michele Berlove, Acting
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 Michele Berlove, Acting
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
Michele.Berlove@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.
Michele Berlove, Acting Assistant Chief,
Investigations and Hearings Division, by
telephone at (202) 418–1477 and by email at Michele.Berlove@fcc.gov.
Sincerely yours,
Hillary S. DeNigro
Chief, Investigations and Hearings Division
Enforcement Bureau
cc: Taurus N. Ziedas, United States
Attorney’s Office, Department of Justice (via
e-mail)
Kristy Carroll, Esq., Universal Service
Administrative Company (via e-mail)
[FR Doc. E9–22029 Filed 9–14–09; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisition of Shares of Bank or Bank
Holding Companies
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire a bank or bank
holding company. The factors that are
considered in acting on the notices are
PO 00000
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Sfmt 4703
47251
set forth in paragraph 7 of the Act (12
U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
Reserve Bank indicated. The notices
also will be available for inspection at
the office of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments
must be received not later than
September 30, 2009.
A. Federal Reserve Bank of Chicago
(Colette A. Fried, Assistant Vice
President) 230 South LaSalle Street,
Chicago, Illinois 60690–1414:
1. Douglas N. Neighbor, Kent M.
Neighbor, and Gene R. Neighbor,
individually to acquire, and the
Neighbor Family which consists of Doug
and Marva Neighbor, Marion, Iowa;
Gene and Betty Jean Neighbor,
Alburnett, Iowa; Kent and Irene
Neighbor, Winthrop, Iowa; Sandra K.
Waring, Walker, Iowa; Steven K.
Neighbor; Scott M. Neighbor; Mark A.
Neighbor, all of Center Point, Iowa;
Eldon L. Neighbor, Central City, Iowa;
Konnie I. Borrett, Marion, Iowa;
Stephanie R. Neighbor, Cedar Rapids,
Iowa; Brent B. Neighbor, Tijeras, New
Mexico; Brad D. Neighbor, Espanola,
New Mexico; Todd D. Neighbor,
Marion, Iowa; Jason M. Neighbor,
Alburnett, Iowa; and Michael G.
Neighbor, Bettendorf, Iowa; as a group
acting in concert, to retain voting shares
of Neighbor Insurance Agency, Marion,
Iowa, and thereby acquire, and or retain
voting shares of Farmers State Bank,
Marion, Iowa.
Board of Governors of the Federal Reserve
System, September 10, 2009.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E9–22143 Filed 9–14–09; 8:45 am]
BILLING CODE 6210–01–S
FEDERAL RESERVE SYSTEM
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR Part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
E:\FR\FM\15SEN1.SGM
15SEN1
]]>Agencies
[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Notices]
[Pages 47249-47251]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22029]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
[DA 09-1960]
Notice of Debarment; Schools and Libraries Universal Service
Support Mechanism
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Enforcement Bureau (the ``Bureau'') debars Mr. Douglas A.
Benit from the schools and libraries universal service support
mechanism (or ``-Rate Program'') for a period of three years based on
his conviction of mail fraud in connection with his participation in
the program. The Bureau takes this action to protect the E-Rate Program
from waste, fraud and abuse.
DATES: Debarment commences on the date Mr. Douglas A. Benit receives
the debarment letter or September 15, 2009, whichever comes 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
Michele Berlove, Acting Assistant Division Chief, Investigations and
Hearings Division, by telephone at (202) 418-1420 and by e-mail at
michele.berlove@fcc.gov.
SUPPLEMENTARY INFORMATION: The Bureau debarred Mr. Douglas A. Benit
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.
Attached is the debarment letter, DA 09-1960, which was mailed to Mr.
Douglas A. Benit and released on September 1, 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-
[[Page 47250]]
3160, facsimile (202) 488-5563, or via e-mail https://www.bcpiweb.com.
Hillary S. DeNigro,
Chief, Investigations and Hearings Division, Enforcement Bureau,
Federal Communications Commission.
September 1, 2009
DA 09-1960
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
AND E-MAIL (edwishnow@aol.com) AND FACSIMILE (248) 258-6007
Mr. Douglas A. Benit
c/o Edward C. Wishnow
240 Daines
Birmingham, MI 48009
Re: Notice of Debarment, File No. EB-09-IH-0402
Dear Mr. Benit:
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.
On June 17, 2009, the Enforcement Bureau (the ``Bureau'') sent you
a Notice of Suspension and Initiation of Debarment Proceedings (the
``Notice of Suspension''). That Notice of Suspension was published in
the Federal Register on July 6, 2009. The Notice of Suspension
suspended you from participating in activities associated with or
relating to 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.
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. The
Commission did not receive any such opposition.
As discussed in the Notice of Suspension, the United States
District Court for the Eastern District of Michigan sentenced you to
serve forty-six months in prison following your guilty plea and
conviction for the federal crime of mail fraud in connection with your
role in a scheme to defraud the Ecorse Public Schools District
(``EPS'') and the E-Rate program. While employed by EPS, you devised
and participated in a fraudulent scheme to steer contracts to various
companies that directly or indirectly benefited you and your companies,
including contracts involving E-Rate funds. 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. 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. 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.
Sincerely,
Hillary S. DeNigro
Chief, Investigations and Hearings Division Enforcement Bureau
cc: Taurus N. Ziedas, United States Attorney's Office, Department of
Justice (via e-mail)
Kristy Carroll, Esq., Universal Service Administrative Company (via
e-mail)
Attachment 1
June 17, 2009
DA 09-1345
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
AND E-MAIL (edwishnow@aol.com) AND FACSIMILE (248) 258-6007
Mr. Douglas A. Benit
c/o Edward C. Wishnow
240 Daines
Birmingham, MI 48009
Re: Notice of Suspension and Initiation of Debarment Proceedings, File
No. EB-09-IH-0402
Dear Mr. Benit:
The Federal Communications Commission (``FCC'' or ``Commission'')
has received notice of your conviction of mail fraud, in violation of
18 U.S.C. Sec. Sec. 2, 1341, and 1346 in connection with your
participation in the schools and libraries universal service support
mechanism (``E-Rate program''). Consequently, pursuant to 47 C.F.R.
Sec. 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.
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. On November 24, 2008, you, Douglas A. Benit, plead guilty to
mail fraud in connection with your participation in the E-Rate program.
Specifically, you were employed as a school official in the Ecorse
Public Schools District (``EPS'' or ``District'') from 1997 to 2003,
serving first as the Director of Facility Development and subsequently
as the Assistant Superintendent. While employed at EPS, you were also
an owner, employee, agent or subcontractor of Coral Technology, Inc.
(``Coral''). During your tenure at EPS, you were responsible for
approving the construction of new facilities in the District using
funds from several sources, including the E-Rate program. You admitted
that while employed at EPS and while concealing your associations with
Coral from EPS, you and others devised a scheme to defraud the District
and the E-Rate program by steering contracts for EPS to various
companies that directly or indirectly benefited you and your companies,
primarily Coral. In furtherance of the scheme, you submitted to the
Universal Service Administrative Company (``USAC'') documents
supporting Coral's application for federal E-Rate funding, while
employed at EPS and within the scope of your official responsibilities.
As a result of these contracts, which were paid in part from the E-Rate
program, you and your company personally benefited from the fraudulent
scheme by at least $2.276 million.
On March 31, 2009, you were sentenced to serve forty-six months in
federal prison, to be followed by thirty-six months of supervised
release for your role in the scheme to defraud EPS and the E-Rate
program. You were also ordered to pay $1.34 million in restitution for
your role in the scheme.
Pursuant to section 54.8(a)(4) of the Commission's rules, 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. Your suspension
[[Page 47251]]
becomes effective upon the earlier of your receipt of this letter or
publication of notice in the Federal Register.
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. Such requests, however, will not
ordinarily be granted. The Bureau may reverse or limit the scope of
suspension only upon a finding of extraordinary circumstances. Absent
extraordinary circumstances, the Bureau will decide any request for
reversal or modification of suspension within 90 days of its receipt of
such request.
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. 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. Absent
extraordinary circumstances, the Bureau will debar you. 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. 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.
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. The Bureau may, if necessary to protect the public
interest, extend the debarment period.
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
Michele Berlove, Acting 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 Michele Berlove, Acting 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 Michele.Berlove@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. Michele Berlove, Acting
Assistant Chief, Investigations and Hearings Division, by telephone at
(202) 418-1477 and by e-mail at Michele.Berlove@fcc.gov.
Sincerely yours,
Hillary S. DeNigro
Chief, Investigations and Hearings Division Enforcement Bureau
cc: Taurus N. Ziedas, United States Attorney's Office, Department of
Justice (via e-mail)
Kristy Carroll, Esq., Universal Service Administrative Company (via
e-mail)
[FR Doc. E9-22029 Filed 9-14-09; 8:45 am]
BILLING CODE 6712-01-P
