[Federal Register Volume 70, Number 46 (Thursday, March 10, 2005)]
[Notices]
[Pages 11972-11974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4723]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 05-421]


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

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Enforcement Bureau (Bureau) gives notice of Mr. Haider 
Bokhari (a/k/a Syed Haider Ali Bokhari) suspension from the schools and 
libraries universal service support mechanism. In addition, the Bureau 
gives notice that debarment proceedings are commencing against Mr. 
Haider 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 
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 05-421, 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 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.
William H. Davenport,
Chief, Investigations and Hearings Division, Enforcement Bureau.

    The suspension letter follows:

[[Page 11973]]

February 16, 2005.
Via Certified Mail, Return Receipt Requested
Mr. Haider Bokhari, (a/k/a Syed Haider Ali Bokhari), c/o Patrick C. 
Brennan, Esquire, Brennan & Ramirez LLP, 324 E Wisconsin Ave--Suite 
1010, Milwaukee, WI 53202-4309.

Re: Notice of Suspension and of Proposed Debarment, File No. EB-05-
IH-0107.

    Dear Mr. Haider 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. 371 and 
1341, and for money laundering in violation of the 18 U.S.C. 1956(a) 
and (h).\1\ Consequently, pursuant to 47 CFR 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\
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    \1\ United States v. Bokhari et al, Case No. 04-CR-0056-RTR, 
Superceding Indictment (E.D.WI filed September 24, 2004 and entered 
October 4, 2004) (``Bokhari Superceding Indictment''); United States 
v. Haider Bokhari, Case No. 04-CR-0056-RTR, Judgment (E.D.WI filed 
January 28, 2005 and entered February 3, 2005).
    \2\ 47 CFR 54.521; 47 CFR 0.111(a)(14) (delegating to the 
Enforcement Bureau authority to resolve universal service suspension 
and debarment proceedings pursuant to 47 CFR 54.521).
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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\
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    \3\ 47 CFR 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. 
254; 47 CFR 54.502-54.503; 47 CFR 54.521(a)(4).
    \5\ Second Report and Order, 18 FCC Rcd at 9226, ] 69; 47 CFR 
54.521(e)(1).
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    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\
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    \6\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 CFR 
54.521(e)(4).
    \7\ Second Report and Order, 18 FCC Rcd at 9226, ] 70.
    \8\ 47 CFR 54.521(e)(5).
    \9\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 
CFR 54.521(e)(5), 54.521(f).
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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\ Based on your October 22, 2004 guilty plea, you were 
convicted, on or about January 28, 2005, of mail fraud and money 
laundering offenses involving your participation, through a 
Virginia-based consulting company owned by your brother, Qasim 
Bokhari, in the E-Rate program with certain schools in Wisconsin and 
Illinois.\11\ In connection with the mail fraud offenses, you 
admitted to conspiring and carrying out, along with Qasim Bokhari 
and other co-conspirators, the following acts: (1) Illegally 
inducing certain Wisconsin and Illinois schools to select the 
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 the 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 the 
consulting company had provided to the schools. In connection with 
the money laundering offenses, you admitted to conspiring and 
carrying out, with Qasim Bokhari and other co-conspirators, the 
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.
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    \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. 54.521(a)(6).
    \11\ See Bokhari Superceding Indictment at 5-13.
    \12\ See Bokhari Superceding Indictment at 16-19, 21.
    \13\ Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 CFR 
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 
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 54.500 et seq.).'' 47 CFR 
54.521(a)(1).
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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 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\
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    \15\ See Second Report and Order, 18 FCC Rcd at 9226, ] 70; 47 
CFR 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 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 54.521(f).
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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\
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    \19\ Second Report and Order, 18 FCC Rcd at 9225, ] 67; 47 CFR 
54.521(d), 54.521(g).
    \20\ Id.
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    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

[[Page 11974]]

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. 05-4723 Filed 3-9-05; 8:45 am]
BILLING CODE 6712-01-P