[Federal Register Volume 80, Number 4 (Wednesday, January 7, 2015)]
[Notices]
[Pages 888-889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00034]


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

FEDERAL COMMUNICATIONS COMMISSION

[DA 14-1854]


Notice of Debarment

AGENCY: Federal Communications Commission.

ACTION: Notice.

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

SUMMARY: The Enforcement Bureau (the ``Bureau'') debars Marvin Mitch 
Freeman from the schools and libraries universal service support 
mechanism (or ``E-Rate Program'') for a period of three years. The 
Bureau takes this action to protect the E-Rate Program from waste, 
fraud, and abuse.

DATES: Debarment commences on the date Mr. Marvin Mitch Freeman 
receives the debarment letter or January 7, 2015, whichever date comes 
first, for a period of three years.

FOR FURTHER INFORMATION CONTACT: Joy M. Ragsdale, Attorney Advisor, 
Federal Communications Commission, Enforcement Bureau, Investigations 
and Hearings Division, Room 4-C330, 445

[[Page 889]]

12th Street SW., Washington, DC 20554. Joy Ragsdale may be contacted by 
telephone at (202) 418-1697 or by email at [email protected]. If Ms. 
Ragsdale is unavailable, you may contact Ms. Theresa Cavanaugh, Chief, 
Investigations and Hearings Division, by telephone at (202) 418-1420 
and by email at [email protected].

SUPPLEMENTARY INFORMATION: The Bureau debarred Mr. Marvin Mitch Freeman 
from the schools and libraries service support mechanism for a period 
of three years pursuant to 47 CFR 54.8. Attached is the debarment 
letter, DA 14-1854, which was mailed to Mr. Freeman and released on 
December 18, 2014. 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 
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 email http://www.bcpiweb.com.

Federal Communications Commission.
Jeffrey J. Gee,
Acting Chief, Investigations and Hearings Division, Enforcement Bureau.

December 18, 2014

DA 14-1854

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND E-MAIL
Mr. Marvin Mitch Freeman,
1408 Northhill Street,
Selma, CA 93662,
    Re: Debarment Notice, FCC Case No. EB-IHD-14-00015659
Dear Mr. Freeman:
    The Federal Communications Commission (Commission) hereby notifies 
you that, pursuant to Section 54.8 of its rules, you are prohibited 
from participating in activities associated with or relating to the 
schools and libraries universal service support mechanism (E-Rate 
program) for three years from either the date of your receipt of this 
Notice of Debarment or of its publication in the Federal Register, 
whichever is earlier in time (Debarment Date).\1\
---------------------------------------------------------------------------

    \1\ 47 CFR 54.8(e), (g); see also id. 0.111 (delegating 
authority to the Enforcement Bureau to resolve universal service 
suspension and debarment proceedings).
---------------------------------------------------------------------------

    On August 26, 2014, the Commission's Enforcement Bureau sent you a 
Notice of Suspension and Initiation of Debarment Proceedings that was 
published in the Federal Register on September 12, 2014.\2\ That 
Suspension Notice suspended you from participating in activities 
associated with or relating to the E-Rate program. It also described 
the basis for initiating debarment proceedings against you, the 
applicable debarment procedures, and the effect of debarment.
---------------------------------------------------------------------------

    \2\ Letter from Jeffrey J. Gee, Acting Chief, Investigations and 
Hearings Division, FCC Enforcement Bureau, to Marvin Mitch Freeman, 
Notice of Suspension and Initiation of Debarment Proceedings, 29 FCC 
Rcd 10114 (Enf. Bur. 2014) (Suspension Notice); 79 FR 54718 (Sept. 
12, 2014).
---------------------------------------------------------------------------

    As discussed in the Suspension Notice, on March 17, 2011, you were 
convicted of conspiring with Gregory Paul Styles, the Management 
Information Systems Director for the Chowchilla Elementary School 
District (CESD), to obstruct the competitive bidding process and 
defraud the E-Rate program of approximately $788,000.\3\ You and Mr. 
Styles used your silk screening company, Twisted Head Design, to bid on 
CESD's E-Rate contracts.\4\ Mr. Styles awarded E-Rate contracts to 
Twisted Head Design knowing you and the company were unqualified to 
perform E-Rate work, performed the work himself or through his 
subcontractors, and billed USAC for that work.\5\ Pursuant to Section 
54.8(c) of the Commission's rules, your conviction of criminal conduct 
associated with the E-Rate program is the basis for this debarment.\6\
---------------------------------------------------------------------------

    \3\ United States v. Marvin Mitch Freeman, Criminal Docket No. 
1:06-cr-00013-002, Judgment at 1 (E.D. Cal. filed March 17, 2011); 
Suspension Notice, 29 FCC Rcd at 10115-16.
    \4\ Suspension Notice, 29 FCC Rcd at 10115.
    \5\ Id.
    \6\ 47 CFR 54.8(c).
---------------------------------------------------------------------------

    In accordance with the Commission's debarment rules, you were 
required to file with the Commission any opposition to your suspension 
or its scope, or to your proposed debarment or its scope, no later than 
30 calendar days from either the date of your receipt of the Suspension 
Notice or of its publication in the Federal Register, whichever date 
occurred first.\7\ The Commission did not receive any such opposition 
from you.
---------------------------------------------------------------------------

    \7\ Id.54.8 (e)(3), (4). Any opposition had to be filed no later 
than October 3, 2014.
---------------------------------------------------------------------------

    For the foregoing reasons, you are debarred from participating in 
activities associated with or related to the E-Rate program for three 
years from the Debarment Date.\8\ During this debarment period, you are 
excluded from participating in any activities associated with or 
related to the E-Rate program, including the receipt of funds or 
discounted services through the E-Rate program, or consulting with, 
assisting, or advising applicants or service providers regarding the E-
Rate program.\9\
---------------------------------------------------------------------------

    \8\ Id. 54.8(e)(5), (g).
    \9\ Id. 54.8(a)(1), (5), (d).

---------------------------------------------------------------------------
Sincerely,

Jeffrey J. Gee

Acting Chief, Investigations and Hearings Division Enforcement 
Bureau

[FR Doc. 2015-00034 Filed 1-6-15; 8:45 am]
BILLING CODE 6712-01-P