[Federal Register: November 5, 2007 (Volume 72, Number 213)]
[Notices]
[Page 62477-62479]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05no07-57]
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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 diana.lee@fcc.gov.
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 vickie.robinson@fcc.gov.
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:
michael@michaelabbottlaw.com.
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 diana.lee@fcc.gov and to vickie.robinson@fcc.gov.
If you have any questions, please contact Ms. Lee via mail, by
telephone at (202) 418-1420 or by e-mail at diana.lee@fcc.gov. 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 vickie.robinson@fcc.gov.
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