[Federal Register Volume 70, Number 38 (Monday, February 28, 2005)]
[Notices]
[Pages 9647-9649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3801]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[DA 05-422]


Notice of Suspension and of Proposed Debarment Proceedings; 
Schools and Libraries Universal Service Support Mechanism

AGENCY: Federal Communications Commission.

ACTION: Notice.

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

SUMMARY: The Enforcement Bureau (Bureau) gives notice of Mr. Qasim 
Bokhari (a/k/a Syed Qasim Ali Bokhari, a/k/a Kasim Bokhari) suspension 
from the schools and libraries universal service support mechanism. In 
addition, the Bureau gives notice that debarment proceedings are 
commencing against Mr. Qasim Bokhari.

DATES: Opposition request must be received by March 18, 2005. An 
opposition request by the party to be suspended must be received 30 
days from the receipt of the suspension letter or by March 18, 2005. 
The Bureau will decide any opposition request for reversal or 
modification of suspension within 90 days of its receipt of such 
requests.

FOR FURTHER INFORMATION CONTACT: Diana Lee, Federal Communications 
Commission, Enforcement Bureau, Investigations and Hearings Division, 
Room 4-C330, 445 12th Street, SW., Washington DC 20554. Diana Lee may 
be contacted by phone at (202) 418-0843 or e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The Bureau has suspension and debarment

[[Page 9648]]

authority under 47 CFR 54.521 and 47 CFR 0.111(a)(14). Suspension will 
help ensure that the party to be suspended cannot continue to benefit 
from the schools and libraries mechanism pending resolution of the 
debarment process. Attached is the suspension letter, Notice of 
Suspension and of Proposed Debarment Proceeding, DA 05-422, which was 
mailed to Mr. Haider Bokhari and released on February 16, 2005. The 
letter (1) gives notice of the suspension and proposed debarment; (2) 
gives the reasons for the proposed debarment; (3) explains the 
debarment procedure; and (4) describes the potential effect of the 
debarment. The complete text of the suspension letter is available for 
public inspections and copying during regular business hours at the FCC 
Reference Information Center, Portal II, 445 12th Street, SW., Room CY-
A257, Washington DC 20554. In addition, the complete text is available 
on the FCC's Web site at http://www.fcc.gov. The text may also be 
purchased from the Commission's duplicating contractor, Best Copy and 
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington DC 20554, telephone (202) 488-5300 or (800) 378-3160, 
facsimile (202) 488-5563, or via e-mail http://www.bcpiweb.com.

Federal Communications Commission.
Hillary DeNigro,
Deputy Chief, Investigations and Hearings Division, Enforcement Bureau.

    The suspension letter follows:

February 16, 2005

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED

Mr. Qasim Bokhari, (a/k/a Syed Qasim Ali Bokhari, a/k/a Kasim 
Bokhari), c/o Michael J. Steinle, Esquire, Steinle Law Offices, 2600 
N Mayfair Rd-Suite 700, Milwaukee, WI 53226.

Re: Notice of Suspension and of Proposed Debarment, File No. EB-04-
IH-0388

    Dear Mr. Qasim Bokhari: The Federal Communications Commission 
(``FCC'' or ``Commission'') has received notice of your January 28, 
2005 conviction for mail fraud in violation of 18 U.S.C. Sec. Sec.  
371 and 1341, and for money laundering in violation of the 18 U.S.C. 
Sec.  1956(a) and (h).\1\ Consequently, pursuant to 47 CFR Sec.  
54.521, this letter constitutes official notice of your suspension 
from the schools and libraries universal service support mechanism 
(``E-Rate program''). In addition, the Enforcement Bureau 
(``Bureau'') hereby notifies you that we are commencing debarment 
proceedings against you.\2\
---------------------------------------------------------------------------

    \1\ United States v. Bokhari et al, Case No. 04-CR-0056-RTR, 
Plea Agreement (E.D.WI filed and entered October 22, 2004) (``Qasim 
Bokhari Plea Agreement''); United States v. Qasim Bokhari, Case No. 
04-CR-0056-RTR, Judgment (E.D.WI filed January 28, 2005 and entered 
February 3, 2005).
    \2\ 47 CFR Sec.  54.521; 47 CFR Sec.  0.111(a)(14) (delegating 
to the Enforcement Bureau authority to resolve universal service 
suspension and debarment proceedings pursuant to 47 CFR Sec.  
54.521).
---------------------------------------------------------------------------

I. Notice of Suspension

    Pursuant to section 54.521(a)(4) of the Commission's rules,\3\ 
Your conviction requires the Bureau to suspend you from 
participating in any activities associated with or related to the 
schools and libraries fund mechanism, including the receipt of funds 
or discounted services through the schools and libraries fund 
mechanism, or consulting with, assisting, or advising applicants or 
service providers regarding the schools and libraries support 
mechanism.\4\ Your suspension becomes effective upon the earlier of 
your receipt of this letter or publication of notice in the Federal 
Register.\5\
---------------------------------------------------------------------------

    \3\ 47 CFR Sec.  54.521(a)(4). See Schools and Libraries 
Universal Service Support Mechanism, Second Report and Order and 
Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9225-9227, 
]] 67-74 (2003) (``Second Report and Order'').
    \4\ Second Report and Order, 18 FCC Rcd at 9225, ] 67; 47 U.S.C. 
Sec.  254; 47 CFR Sec. Sec.  54.502-54.503; 47 CFR Sec.  
54.521(a)(4).
    \5\ Second Report and Order, 18 FCC Rcd at 9226, ] 69; 47 CFR 
Sec.  54.521(e)(1).
---------------------------------------------------------------------------

    Suspension is immediate pending the Bureau's final debarment 
determination. You may contest this suspension or the scope of this 
suspension by filing arguments in opposition to the suspension, with 
any relevant documentation. Your request must be received within 30 
days after it receives this letter or after notice is published in 
the Federal Register, whichever comes first.\6\ Such requests, 
however, will not ordinarily be granted.\7\ The Bureau may reverse 
or limit the scope of suspension only upon a finding of 
extraordinary circumstances.\8\ Absent extraordinary circumstances, 
the Bureau will decide any request for reversal or modification of 
suspension within 90 days of its receipt of such request.\9\
---------------------------------------------------------------------------

    \6\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 CFR 
Sec.  54.521(e)(4).
    \7\ Second Report and Order, 18 FCC Rcd at 9226, ] 70.
    \8\ 47 CFR Sec.  54.521(e)(5).
    \9\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 
CFR Sec. Sec.  54.521(e)(5), 54.521(f).
---------------------------------------------------------------------------

II. Notice of Proposed Debarment

A. Reasons for and Cause of Debarment

    The Commission has established procedures to prevent persons who 
have ``defrauded the government or engaged in similar acts through 
activities associated with or related to the schools and libraries 
support mechanism'' from receiving the benefits associated with that 
program.\10\ As provided by the October 22, 2004 plea agreement upon 
which your conviction is based, you pled guilty to mail fraud and 
money laundering offenses for activities in connection with your 
participation, through your Virginia-based consulting company, in 
the E-Rate program with certain schools in Wisconsin and Illinois. 
In connection with the mail fraud offenses, you admitted to 
conspiring and carrying out, with other co-conspirators, the 
following acts: (1) illegally inducing certain Wisconsin and 
Illinois schools to select your consulting company as the schools' 
E-Rate service provider by promising school officials that their 
school would not have to pay their undiscounted share of the cost 
under the E-Rate program; (2) taking over those schools' role in 
completing and submitting E-Rate applications, and causing those 
schools to enter into unnecessarily large contracts for 
infrastructure enhancements under the E-Rate program; (3) submitting 
materially false and fraudulent invoices and other documents to the 
E-Rate program claiming that the schools have been billed for their 
undiscounted share; (4) submitting materially false and fraudulent 
invoices and other documents to the E-Rate program claiming that 
certain work had been performed and goods supplied to the schools; 
and (5) receiving payment from the E-Rate program for goods and 
services that you fraudulently claimed your consulting company had 
provided to the schools.\11\ In connection with the money laundering 
offenses, you admitted to conspiring and carrying out, with other 
co-conspirators, an unlawful scheme to transfer the fraudulently 
obtained E-Rate payments from the United States to Pakistan through 
the unknowing services of other individuals designed, in whole or in 
part, to conceal and disguise the nature, location, source, 
ownership, and control of these monies.\12\ These actions constitute 
the conduct or transactions upon which this debarment proceeding is 
based.\13\ Moreover, your conviction on the basis of these acts 
falls within the categories of causes for debarment defined in 
section 54.521(c) of the Commission's rules.\14\ Therefore, pursuant 
to section 54.521(a)(4) of the Commission's rules, your conviction 
requires the Bureau to commence debarment proceedings against you.
---------------------------------------------------------------------------

    \10\ Second Report and Order, 18 FCC Rcd at 9225, ] 66. The 
Commission's debarment rules define a ``person'' as ``[a]ny 
individual, group of individuals, corporation, partnership, 
association, unit of government or legal entity, however, 
organized.'' 47 CFR Sec.  54.521(a)(6).
    \11\ See Qasim Bokhari Plea Agreement at 1-5.
    \12\ See Qasim Bokhari Plea Agreement at 1, 6-9.
    \13\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 CFR 
Sec.  54.521(e)(2)(i).
    \14\ ``Causes for suspension and debarment are the conviction of 
or civil judgment for attempt or commission of criminal fraud, 
theft, embezzlement, forgery, bribery, falsification or destruction 
of records, making false statements, receiving stolen property, 
making false claims, obstruction of justice and other fraud or 
criminal offense arising out of activities associated with or 
related to the schools and libraries support mechanism.'' 47 CFR 
Sec.  54.521(c). Such activities ``include the receipt of funds or 
discounted services through the schools and libraries support 
mechanism, or consulting with, assisting, or advising applicants or 
service providers regarding schools and libraries support mechanism 
described in this section ([47 CFR] Sec.  54.500 et seq.).'' 47 CFR 
Sec.  54.521(a)(1).
---------------------------------------------------------------------------

B. Debarment Procedures

    You may contest debarment or the scope of the proposed debarment 
by filing arguments and any relevant documentation within 30 
calendar days of the earlier of the receipt of this letter or of 
publication in the Federal

[[Page 9649]]

Register.\15\ Absent extraordinary circumstances, the Bureau will 
debar you.\16\ Within 90 days of receipt of any opposition to your 
suspension and proposed debarment, the Bureau, in the absence of 
extraordinary circumstances, will provide you with notice of its 
decision to debar.\17\ If the Bureau decides to debar you, its 
decision will become effective upon the earlier of your receipt of a 
debarment notice or publication of the decision in the Federal 
Register.\18\
---------------------------------------------------------------------------

    \15\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 
CFR Sec. Sec.  54.521(e)(2)(i), 54.521(e)(3).
    \16\ Second Report and Order, 18 FCC Rcd at 9227, ] 74.
    \17\ See id., 18 FCC Rcd at 9226, ] 70; 47 CFR Sec.  
54.521(e)(5).
    \18\ Id. The Commission may reverse a debarment, or may limit 
the scope or period of debarment upon a finding of extraordinary 
circumstances, following the filing of a petition by you or an 
interested party or upon motion by the Commission. 47 CFR Sec.  
54.521(f).
---------------------------------------------------------------------------

C. Effect of Debarment

    If and when your debarment becomes effective, you will be 
prohibited from participating in activities associated with or 
related to the schools and libraries support mechanism for at least 
three years from the date of debarment.\19\ The Bureau may, if 
necessary to protect the public interest, extend the debarment 
period.\20\
---------------------------------------------------------------------------

    \19\ Second Report and Order, 18 FCC Rcd at 9225, ] 67; 47 CFR 
Sec. Sec.  54.521(d), 54.521(g).
    \20\ Id.
---------------------------------------------------------------------------

    Please direct any responses to the following address: Diana Lee, 
Federal Communications Commission, Enforcement Bureau, 
Investigations and Hearings Division, Room 4-C443, 445 12th Street, 
SW., Washington, DC 20554.
    If you submit your response via hand-delivery or non-United 
States Postal Service delivery (e.g., Federal Express, DHL, etc.), 
please send the response to Ms. Lee at the following address: 
Federal Communications Commission, 9300 East Hampton Drive, Capitol 
Heights, MD 20743.
    If you have any questions, please contact Ms. Lee via mail, by 
telephone at (202) 418-0843 or by e-mail at [email protected].
 Sincerely yours,

William H. Davenport,

Chief, Investigations and Hearings Division, Enforcement Bureau.

cc: Carla Stern, Assistant United States Attorney, DOJ (E-mail), 
Kristy Carroll, Esq., USAC (E-mail)

[FR Doc. 05-3801 Filed 2-25-05; 8:45 am]
BILLING CODE 6712-01-P