[Federal Register Volume 72, Number 213 (Monday, November 5, 2007)]
[Notices]
[Pages 62477-62479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21719]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 07-4335]


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

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Enforcement Bureau (the ``Bureau'') gives notice of Mrs. 
Evelyn Myers Scott's (``Myers Scott'') suspension from the schools and 
libraries universal service support mechanism (or ``E-Rate Program''). 
Additionally, the Bureau gives notice that debarment proceedings are 
commencing against her. Mrs. Myers Scott, or any person who has an 
existing contract with or intends to contract with her to provide or 
receive services in matters arising out of activities associated with 
or related to the schools and libraries support, may respond by filing 
an opposition request, supported by documentation to Diana Lee, Federal 
Communications Commission, Enforcement Bureau, Investigations and 
Hearings Division, Room 4-C330, 445 12th Street, SW., Washington, DC 
20554.

DATES: Opposition requests must be received by December 5, 2007. 
However, an opposition request by the party to be suspended must be 
received 30 days from the receipt of the suspension letter or December 
5, 2007, whichever comes first. The Bureau will decide any opposition 
request for reversal or modification of suspension or debarment 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]. 
If Ms. Lee 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 [email protected].

SUPPLEMENTARY INFORMATION: The Bureau has suspension and debarment 
authority pursuant to 47 CFR 54.521 and 47 CFR 0.111(a)(14). Suspension 
will help to 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, DA 07-4335, 
which was mailed to Mrs. Myers Scott and released on October 18, 2007. 
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 12 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 inspection and copying 
during regular business hours at the

[[Page 62478]]

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.

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

    The suspension letter follows:
October 18, 2007

DA 07-4335

VIA CERTIFIED MAIL

RETURN RECEIPT REQUESTED AND FACSIMILE (404-261-2842)

Mrs. Evelyn Myers Scott, c/o Charles M. Abbott, Esq., C. Michael 
Abbott, P.C., 3127 Maple Drive, NE., Atlanta, GA 30305-2503, E-Mail: 
[email protected].
Re: Notice of Suspension and Initiation of Debarment Proceedings, File 
No. EB-07-IH-7305

Dear Mrs. Scott:
    The Federal Communications Commission (``FCC'' or ``Commission'') 
has received notice of your conviction for conspiracy to defraud the 
United States in violation of 18 U.S.C. 371 in connection with your 
participation in the schools and libraries universal service support 
mechanism (``E-Rate program'').\1\ Consequently, pursuant to 47 CFR 
54.521, 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.\2\
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    \1\ Any further reference in this letter to ``your conviction'' 
refers to your May 2, 2007 guilty plea and subsequent conviction of 
conspiracy to defraud the United States. United States v. Evelyn 
Myers Scott, Criminal Docket No. 1:07-CR-139-CC-02, Plea Agreement 
(N.D.Ga. filed May 2, 2007 and entered May 7, 2007) (``Myers Scott 
Plea Agreement''); United States v. Evelyn Myers Scott, 1:07-CR-139-
CC-02, Judgment (N.D.Ga. filed and entered Oct. 2, 2007) (``Myers 
Scott Judgment'').
    \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

    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.\3\ You pled guilty to engaging in a conspiracy to defraud the 
United States in connection with your participation in the E-Rate 
program.\4\ You admitted that while employed by the Atlanta Public 
Schools (``APS'') Information Services Department, you conspired with 
others, including your husband Arthur R. Scott (``Scott''), to enter 
into an E-Rate contract with a vendor on behalf of APS. In return for 
entering into the E-Rate contract, the vendor agreed to pay money to 
the consulting firm owned by you and Scott.\5\ The loss and the 
restitution that you owed to the E-Rate program resulting from the 
criminal offense was $300,176.10.\6\
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    \3\ See Schools and Libraries Universal Service Support 
Mechanism, Second Report and Order and Further Notice of Proposed 
Rulemaking, 18 FCC Rcd 9202, 9225, 66 (2003) (``Second Report and 
Order''). 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).
    \4\ See generally United States v. Arthur R. Scott and Evelyn 
Myers Scott a/k/a Evelyn M. Myers, Criminal Docket No. 1:07-CR-139, 
Information (N.D.Ga. filed Apr. 30, 2007 and entered May 3, 2007) 
(``Scott and Myers Scott Information''); Myers Scott Plea Agreement 
at 1.
    \5\ Scott and Myers Scott Information at 1-9. See also Letter 
from Hillary S. DeNigro, Chief, Investigations and Hearings 
Division, Enforcement Bureau, to Arthur R. Scott, DA 07-4336, dated 
October 18, 2007.
    \6\ See Myers Scott Judgment at 5; see also Myers Scott Plea 
Agreement at 4.
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    Pursuant to section 54.521(a)(4) of the Commission's rules,\7\ 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.\8\ Your suspension becomes 
effective upon the earlier of your receipt of this letter or 
publication of notice in the Federal Register.\9\
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    \7\ 47 CFR 54.521(a)(4). See Second Report and Order, 18 FCC Rcd 
at 9225-9227, ]67-74 (2003).
    \8\ Second Report and Order, 18 FCC Rcd at 9225, ]67; 47 U.S.C. 
254; 47 CFR Sec. Sec.  54.502-54.503; 47 CFR 54.521(a)(4).
    \9\ 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. 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.\10\ Such requests, however, will not 
ordinarily be granted.\11\ The Bureau may reverse or limit the scope of 
suspension only upon a finding of extraordinary circumstances.\12\ 
Absent extraordinary circumstances, the Bureau will decide any request 
for reversal or modification of suspension within 90 days of its 
receipt of such request.\13\
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    \10\ Second Report and Order, 18 FCC Rcd at 9226, ]70; 47 CFR 
54.521(e)(4).
    \11\ Second Report and Order, 18 FCC Rcd at 9226, ]70.
    \12\ 47 CFR 54.521(e)(5).
    \13\ 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. 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 54.521(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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    \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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    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.\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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[[Page 62479]]

    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.\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 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 Diana Lee, 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 Diana Lee, 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 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 [email protected] and to [email protected].
    If you have any questions, please contact Ms. Lee via mail, by 
telephone at (202) 418-1420 or by e-mail at [email protected]. If Ms. 
Lee 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 [email protected].
Sincerely yours,

Hillary S. DeNigro

Chief, Investigations and Hearings Division Enforcement Bureau

cc: Kristy Carroll, Esq., Universal Service Administrative Company (via 
e-mail) Aaron M. Danzig, Esq., Assistant United States Attorney

[FR Doc. E7-21719 Filed 11-2-07; 8:45 am]
BILLING CODE 6712-01-P