[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Notices]
[Pages 65226-65227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27076]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 15-1075]


Notice of Debarment; Federal Lifeline Universal Service Support 
Mechanism

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Enforcement Bureau (Bureau) gives notice of Wes Yui Chew's 
debarment from the federal Lifeline universal service support mechanism 
(Lifeline program) for a period of three years. During this debarment 
period, Mr. Chew is prohibited from participating in activities 
associated with or related to the Lifeline program, including the 
receipt of funds or discounted services through the Lifeline program, 
or consulting with, assisting, or advising applicants or service 
providers regarding the Lifeline program.

DATES: Debarment commences on the date Mr. Chew receives the debarment

[[Page 65227]]

letter or October 26, 2015, whichever comes first, for a period of 
three years.

FOR FURTHER INFORMATION CONTACT: Celia Lewis, Paralegal Specialist, 
Federal Communications Commission, Enforcement Bureau, Investigations 
and Hearings Division, Room 4-A422, 445 12th Street SW., Washington, DC 
20554. Celia Lewis may be contacted by phone at (202) 418-7456 or email 
at [email protected]. If Ms. Lewis is unavailable, you may contact 
Mr. Kalun Lee, Deputy Chief, Investigations and Hearings Division, by 
telephone at (202) 418-0796 and by email at [email protected].

SUPPLEMENTARY INFORMATION: The Bureau debars Mr. Chew for a period of 
three years pursuant to 47 CFR 54.8 and 0.111(a)(14). Mr. Chew's 
conviction for money laundering in violation of 18 U.S.C. 1957(a), in 
connection with fraudulent claims against the Lifeline program is the 
basis for this debarment. Attached is the Notice of Debarment, DA 15-
1075, which was mailed to Mr. Chew and released on September 25, 2015. 
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.

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

September 25, 2015

DA 15-1075

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Mr. Wes Yui Chew
c/o Daniel G. Webber, Jr.
Ryan Whaley Coldiron Shandy PLLC
119 N. Robinson Avenue, Suite 900
Oklahoma City, OK 73102

Re: Notice of Debarment, File No. EB-IHD-15-00019046

Dear Mr. Chew:

    The Federal Communications Commission (Commission) hereby notifies 
you that, pursuant to section 54.8 of the Commission's rules, you are 
prohibited from participating in activities associated with or related 
to the federal low-income support mechanism (Lifeline 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 
comes first (Debarment Date).\1\
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    \1\ 47 CFR 54.8 (e), (g); 47 CFR 0.111 (delegating to the Bureau 
authority to resolve universal service suspension and debarment 
proceedings). In 2007, the Commission extended the debarment rules 
to apply to all federal universal service support mechanisms, 
including the Lifeline program. See Comprehensive Review of the 
Universal Service Fund Management, Administration, & Oversight, 
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), (a)(5), (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)).
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    On May 26, 2015, the Commission's Enforcement Bureau (Bureau) sent 
you a Notice of suspension and initiation of debarment proceeding 
(Notice of Suspension) that was published in the Federal Register on 
June 18, 2015.\2\ The Notice of Suspension suspended you from 
participating in any activities associated with or related to the 
Lifeline program, including receiving funds or discounted services 
through the Lifeline program, or consulting with, assisting, or 
advising applicants or service providers regarding the Lifeline 
program.\3\ It also described the basis for initiating debarment 
proceedings against you, the applicable debarment procedures, and the 
effect of debarment.
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    \2\ Letter from Jeffrey J. Gee, Chief, Investigations and 
Hearings Division, FCC Enforcement Bureau, to Wes Yui Chew, Notice 
of suspension and initiation of debarment proceeding, 30 FCC Rcd 
5006 (Enf. Bur. 2015); 80 FR 34906-01 (June 18, 2015).
    \3\ 47 CFR 54.8(a)(1), (d).
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    As discussed in the Notice of Suspension, on June 12, 2014, you 
were convicted of money laundering in violation of 18 U.S.C. 1957(a), 
in connection with fraudulent claims against the federal Lifeline 
program.\4\ You were the sole owner and president of Icon Telecom, Inc. 
(Icon), a participant in the Lifeline program from July 2011 until 
September 2013.\5\ Specifically, you pled guilty to one count of money 
laundering for transferring $20,455,829.10 from an Icon bank account to 
a personal bank account, despite knowing that Icon had thousands fewer 
customers than it had reported to the Commission.\6\ Pursuant to 
section 54.8(c) of the Commission's rules, your conviction of criminal 
conduct in connection with the Lifeline program is the basis for this 
debarment.\7\
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    \4\ Any further reference in this letter to ``your conviction'' 
refers to your guilty plea and subsequent sentencing in United 
States v. Chew, Criminal Docket No. 5:14-cr-00170-D, Plea Agreement 
(W.D. Okla. filed June 12, 2014) (Plea Agreement). See also Lifeline 
& Link Up Reform & Modernization, WC Docket No. 11-42, CC Docket No. 
96-45, WC Docket No. 03-109, Report and Order and Further Notice of 
Proposed Rulemaking, 27 FCC Rcd 6656 (2012) (Lifeline Reform Order).
    \5\ United States v. Chew, Criminal Docket No. 5:14-c-00170-D, 
Information at 4 (W.D. Okla. filed June 3, 2014).
    \6\ Id. at 7-8; Plea Agreement at 2; see also United States 
Attorney's Office, western District of oklahoma, Press Release, Icon 
Telecom and Its Owner Plead Guilty And Agree To Forfeit More Than 
$27 Million In Connection With Federal Wireless Telephone Subsidy 
Program, June 12, 2014, available at http://www.justice.gov/usao-wdok/pr/icon-telecom-and-its-owner-plead-guilty-and-agree-forfeit-more-27-million-connection.
    \7\ 47 CFR 54.8(c).
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    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 Notice of 
Suspension or of its publication in the Federal Register, whichever 
date occurred first.\8\ The Commission received no opposition from you.
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    \8\ Id. Sec.  54.8 (e)(3)-(4). Any opposition had to be filed no 
later than July 1, 2015.
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    For the foregoing reasons, you are debarred from involvement with 
the Lifeline program for three years from the Debarment Date.\9\ During 
this debarment period, you are excluded from participating in any 
activities associated with or related to the Lifeline program, 
including the receipt of funds or discounted services through the 
Lifeline program, or consulting with, assisting, or advising applicants 
or service providers regarding the Lifeline program.\10\
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    \9\ 47 CFR 54.8(g).
    \10\ 47 CFR 54.8(a)(1), (d), (g).

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Sincerely yours,

Jeffrey J. Gee

Chief, Investigations and Hearings Division, Enforcement Bureau

cc: Johnnay Schrieber, Universal Service Administrative Company (via 
email), Rashann Duvall, Universal Service Administrative Company 
(via email), Chris M. Stevens, United States Attorney's Office, 
Western District of Oklahoma (via email), Scott E. Williams, United 
States Attorney's Office, Western District of Oklahoma (via email)

 [FR Doc. 2015-27076 Filed 10-23-15; 8:45 am]
 BILLING CODE 6712-01-P