[Federal Register Volume 73, Number 67 (Monday, April 7, 2008)]
[Notices]
[Pages 18797-18799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7060]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 08-129]


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 (Bureau) gives notice of Mr. Keith J. 
Madeiros 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 him. Mr. 
Madeiros, or any person who has an existing contract with or intends to 
contract with him 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.

DATES: Opposition requests must be received by May 7, 2008. However, an 
opposition request by the party to be suspended must be received 30 
days from the receipt of the suspension letter or May 7, 2008 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.

ADDRESSES: Federal Communications Commission, Enforcement Bureau, 
Investigations and Hearings Division, Room 4-C330, 445 12th Street, 
SW., Washington, DC 20554.

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 54.8 and 47 CFR 0.111. 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. Below is the suspension letter, DA 08-129, which 
was mailed to Mr. Madeiros and released on January 18, 2008. 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 http://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) 378-3160, 
facsimile (202) 488-5563, or via e-mail http://www.bcpiweb.com.

Federal Communications Commission.
Trent B. Harkrader,
Deputy Chief, Investigations and Hearings Division, Enforcement Bureau.
January 18, 2008

DA 08-129

VIA CERTIFIED MAIL

RETURN RECEIPT REQUESTED AND FACSIMILE (860-522-2490)

Mr. Keith J. Madeiros
c/o Richard R. Brown, Esq.
Brown Paindiris & Scott, LLP
100 Pearl Street, Suite 1100
Hartford, CT 06103
E-Mail: [email protected]

Re: Notice of Suspension and Initiation of Debarment Proceedings, File 
No. EB-07-IH-9550

Dear Mr. Madeiros:

    The Federal Communications Commission (``FCC'' or ``Commission'') 
has received notice of your conviction for mail fraud in violation of 
18 U.S.C. 1341 in connection with your participation in the schools and 
libraries universal service support mechanism (``E-Rate program'').\1\ 
Consequently, pursuant to 47 CFR 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.\2\
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    \1\ Any further reference in this letter to ``your conviction'' 
refers to your February 13, 2007 guilty plea and subsequent 
conviction of mail fraud. United States v. Keith J. Madeiros., 
Criminal Docket No. 3:07-CR-29-RNC-2, Plea Agreement (D. Conn. filed 
Feb. 13, 2007 and entered Feb. 15, 2007) (``Madeiros Plea 
Agreement''); United States v. Keith J. Madeiros, 3:07-CR-29-RNC-2, 
Judgment (D. Conn. filed and entered Dec. 10, 2007) (``Madeiros 
Judgment'').
    \2\ 47 CFR 54.8; 47 CFR 0.111 (delegating to the Enforcement 
Bureau authority to resolve universal service suspension and 
debarment proceedings). The Commission adopted debarment rules for 
the schools and libraries universal service support mechanism in 
2003. See Schools and Libraries Universal Service Support Mechanism, 
Second Report and Order and Further Notice of Proposed Rulemaking, 
18 FCC Rcd 9202 (2003) (``Second Report and Order'') (adopting 
section 54.521 to suspend and debar parties from the E-rate 
program). In 2007, the Commission extended the debarment rules to 
apply to all of the Federal universal service support mechanisms. 
Comprehensive Review of the Universal Service Fund Management, 
Administration, and Oversight; Federal-State Joint Board on 
Universal Service; Schools and Libraries Universal Service Support 
Mechanism; Lifeline and Link Up; Changes to the Board of Directors 
for the National Exchange Carrier Association, Inc., Report and 
Order, 22 FCC Rcd 16372, 16410-12 (2007) (Program Management Order) 
(renumbering section 54.521 of the universal service debarment rules 
as section 54.8 and amending subsections (a)(1), (5), (c), (d), 
(e)(2)(i), (3), (e)(4), and (g)).

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[[Page 18798]]

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 mail fraud for activities in connection 
with your participation in the E-Rate program involving 
telecommunications upgrade projects in four Connecticut school 
districts.\4\ While employed at Southwestern Bell Communications 
(``SBC''), you and Richard E. Brown, both SBC account managers, 
recommended subcontractors to perform telecommunications upgrades for 
the school districts.\5\ In addition, you and Mr. Brown reviewed 
invoices submitted by subcontractors to SBC for payment, which SBC then 
submitted to the Universal Service Administrative Company (``USAC'') 
for reimbursement from the E-Rate fund.\6\ You admitted to 
participating in a scheme with Brown and Scott A. Federowicz, a manager 
of a SBC first-tier subcontractor, to defraud USAC.\7\ You and Mr. 
Brown each created a sham company and submitted fictitious invoices 
totaling approximately $452,203 to Mr. Federowicz, who approved those 
invoices for payment on behalf of the SBC subcontractor.\8\ The SBC 
subcontractor, unaware that no work had been performed, in turn billed 
SBC and SBC ultimately sought from USAC reimbursement for those 
fictitious expenses from the E-Rate program.\9\
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    \3\ See Second Report and Order, 18 FCC Rcd at 9225, para. 66; 
Program Management Order, 22 FCC Rcd at 16387, para. 32. 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 54.8(a)(6).
    \4\ See Madeiros Plea Agreement at 1; United States v. Richard 
E. Brown and Keith J. Madeiros., Criminal Docket No. 3:07-CR-29-RNC-
2, Information, paras. 1-21 (D. Conn. filed Feb. 13, 2007 and 
entered Feb. 14, 2007) (``Madeiros/Brown Information'').
    \5\ See Madeiros/Brown Information at paras. 8-9; http://newhaven.fbi.gov/dojpressrel/2007/nh120707.htm (last accessed Dec. 
11, 2007) (``DOJ December 7 Press Release''). The Bureau has 
debarred Richard E. Brown from the E-Rate program. See Letter from 
Hillary S. DeNigro to Richard E. Brown, Notice of Debarment, DA 07-
4732 (Enf. Bur., Investigations & Hearings Div., rel. Nov. 27, 
2007).
    \6\ See Madeiros/Brown Information at para. 9; DOJ December 7 
Press Release at 1.
    \7\ See Madeiros/Brown Information at paras. 11-21. The Bureau 
also has debarred Scott A. Federowicz from the E-Rate program. See 
Letter from Hillary S. DeNigro to Scott A. Federowicz, Notice of 
Debarment, 22 FCC Rcd 17258 (Enf. Bur., Investigations & Hearings 
Div., rel. Sept. 24, 2007).
    \8\ See Madeiros/Brown Information at paras. 11-21; DOJ December 
7 Press Release at 1.
    \9\ See DOJ December 7 Press Release at 1.
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    Pursuant to section 54.8(a)(4) of the Commission's rules,\10\ 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.\11\ Your suspension becomes 
effective upon the earlier of your receipt of this letter or 
publication of notice in the Federal Register.\12\
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    \10\ 47 CFR 54.8(a)(4). See Second Report and Order, 18 FCC Rcd 
at 9225-9227, paras. 67-74.
    \11\ 47 CFR 54.8(a)(1), (d).
    \12\ Second Report and Order, 18 FCC Rcd at 9226, para. 69; 47 
CFR 54.8(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.\13\ Such requests, however, will not 
ordinarily be granted.\14\ The Bureau may reverse or limit the scope of 
suspension only upon a finding of extraordinary circumstances.\15\ 
Absent extraordinary circumstances, the Bureau will decide any request 
for reversal or modification of suspension within 90 days of its 
receipt of such request.\16\
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    \13\ 47 CFR 54.8(e)(4).
    \14\ Id.
    \15\ 47 CFR 54.8(e)(5).
    \16\ See Second Report and Order, 18 FCC Rcd at 9226, para. 70; 
47 CFR 54.8(e)(5), 54.8(f).
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II. Initiation of Debarment Proceedings

    Your guilty plea to and conviction of 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.\17\ Therefore, pursuant to section 
54.8(a)(4) of the Commission's rules, your conviction requires the 
Bureau to commence debarment proceedings against you.
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    \17\ ``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, the high-
cost support mechanism, the rural healthcare support mechanism, and 
the low-income support mechanism.'' 47 CFR 54.8(c). Such activities 
``include the receipt of funds or discounted services through [the 
Federal universal service] support mechanisms, or consulting with, 
assisting, or advising applicants or service providers regarding 
[the Federal universal service] support mechanisms.'' 47 CFR 
54.8(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.\18\ Absent 
extraordinary circumstances, the Bureau will debar you.\19\ 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.\20\ 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.\21\
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    \18\ See Second Report and Order, 18 FCC Rcd at 9226, para. 70; 
47 CFR 54.8(e)(3).
    \19\ Second Report and Order, 18 FCC Rcd at 9227, para. 74.
    \20\ See id., 18 FCC Rcd at 9226, para. 70; 47 CFR 54.8(e)(5).
    \21\ 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 54.8(f).
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    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.\22\ The Bureau may, if necessary to protect the 
public interest, extend the debarment period.\23\
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    \22\ Second Report and Order, 18 FCC Rcd at 9225, para. 67; 47 
CFR 54.8(d), 54.8(g).
    \23\ 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

[[Page 18799]]

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 email 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,

Trent B. Harkrader,
Deputy Chief, Investigations and Hearings Division, Enforcement 
Bureau.

cc: Kristy Carroll, Esq., Universal Service Administrative Company 
(via e-mail) Anthony E. Kaplan, Esq., Supervisory Assistant United 
States Attorney Calvin B. Kurimai, Esq., Assistant United States 
Attorney

 [FR Doc. E8-7060 Filed 4-3-08; 8:45 am]
BILLING CODE 6712-01-P