[Federal Register Volume 70, Number 133 (Wednesday, July 13, 2005)]
[Notices]
[Pages 40356-40358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13750]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 05-1730]


Notice of Debarment

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Enforcement Bureau (``Bureau'') debars Mr. Haider Bokhari 
from the schools and libraries universal service support mechanism (or 
``E-Rate program'') for a period of three years.

DATES: Debarment commences on the date Mr. Haider Bokhari receives the 
debarment letter or July 13, 2005, whichever date comes first, for a 
period of three years.

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 debarred Mr. Bokhari from the 
schools and libraries universal service support mechanism for a period 
of three years pursuant to 47 CFR part 521 and 47 CFR 0.111(a)(14). The 
Commission previously suspended Mr. Bokhari from the schools and 
libraries mechanism, pending debarment proceedings. See 70 FR 11972, 
March 10, 2005. Attached is the debarment letter, Notice of Debarment, 
DA 05-1730, which was mailed to Mr. Bokhari and released on June 23, 
2005, that in turn attached the suspension letter, Notice of Suspension 
and of Proposed Debarment, DA 05-421. The complete text of the 
debarment letter, including attachment 1 the suspension letter, 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 test 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., 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 http://www.bcpiweb.com.


[[Page 40357]]


Federal Communications Commission.
William H. Davenport,
Chief, Investigations and Hearings Division, Enforcement Bureau.
    The notice of debarment and suspension letters follows:

June 23, 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 Debarment, File No. EB-05-IH-0107

    Dear Mr. Haider Bokhari: Pursuant to section 54.521 of the rules 
of the Federal Communications Commission (the ``Commission''), by 
this Notice of Debarment you are hereby debarred from the schools 
and libraries universal service support mechanism (or ``E-Rate 
program'') for a period of three years.\1\
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    \1\ See 47 CFR 0.111(a)(14), 54.521.
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    On February 16, 2005, the Enforcement Bureau (the ``Bureau'') 
sent you a Notice of Suspension and Proposed Debarment (the ``Notice 
of Suspension'').\2\ That Notice of Suspension was published in the 
Federal Register on March 10, 2005.\3\ The Notice of Suspension 
suspended you from the schools and libraries universal service 
support mechanism and described the basis for your proposed 
debarment, the applicable debarment procedures, and the effect of 
debarment.\4\
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    \2\ Letter from William H. Davenport, Chief, Investigations and 
Hearings Division, Enforcement Bureau, Federal Communications 
Commission, to Haider Bokhari, Notice of Suspension and Proposed 
Debarment, 20 FCC Rcd 3599 (Inv. & Hearings Div., Enf. Bur. 2005) 
(Attachment 1).
    \3\ 70 FR 11972 (Mar. 10, 2005).
    \4\ See id., 20 FCC Rcd at 3599-3602.
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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.
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    \5\ See 47 CFR 54.521(e)(3) and (4). That date occurred no later 
than April 9, 2005. See supra note 3.
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    As discussed in the Notice of Suspension, on or about January 
28, 2005, you were convicted of mail fraud and money laundering 
offenses involving your participation in the E-Rate program. In 
connection with the mail fraud, you admitted to conspiring and 
carrying out, with co-conspirators, the following acts: (1) 
Illegally inducing certain schools to select your consulting company 
as their E-Rate service provider by promising school officials that 
their schools would not have to pay the undiscounted share of their 
costs 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 unnecessary large contracts for infrastructure 
enhancements; (3) submitting materially false and fraudulent 
invoices and other documents to the program claiming that the 
schools have been billed for their undiscounted share and that E-
Rate goods and services have been provided; and (4) receiving 
payment from the E-Rate program for goods and services not 
rendered.\6\ In connection with the money laundering offense, you 
admitted to conspiring and carrying out, with 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.\7\ Such conduct constitutes the basis for 
your debarment, and your conviction falls within the categories of 
causes for debarment under section 54.521(c) of the Commission's 
rules.\8\ 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.\9\ 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.'' \10\

 Sincerely,

William H. Davenport;

Chief, Investigations and Hearings Division, Enforcement Bureau.

cc: Carla Stern, Esq., Assistant United States Attorney, U.S. 
Department of Justice (E-mail), Kristy Carroll, Esq., USAC (E-mail)

    \6\ See Notice of Suspension, 20 FCC Rcd at 3600-01.
    \7\ Id. at 3601.
    \8\ Id. at 3601; 47 CFR 54.521(c).
    \9\ Notice of Suspension, 20 FCC Rcd at 3601.
    \10\ See 47 CFR 54.521(a)(1), 54.521(a)(5), 54.521(d); Notice of 
Suspension, 20 FCC Rcd at 3602.
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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

[[Page 40358]]

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\
    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.
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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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    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. 05-13750 Filed 7-12-05; 8:45 am]
BILLING CODE 6712-01-P