[Federal Register: February 14, 2008 (Volume 73, Number 31)]
[Notices]
[Page 8694-8696]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14fe08-67]
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FEDERAL COMMUNICATIONS COMMISSION
[DA 08-50]
Notice of Debarment; Schools and Libraries Universal Service
Support Mechanism
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: The Enforcement Bureau (the ``Bureau'') debars Mr. Arthur R.
Scott from the schools and libraries universal service support
mechanism (or ``E-Rate Program'') for a period of three years based on
his conviction of conspiracy to defraud the United States and bribery
in connection with his participation in the program. The Bureau takes
this action to protect the E-Rate Program from waste, fraud and abuse.
DATES: Debarment commences on the date Mr. Arthur R. Scott receives the
debarment letter or February 14, 2008, whichever date come first, for a
period of three years.
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 debarred Mr. Arthur R. Scott from
the schools and libraries universal service support mechanism for a
period of three years pursuant to 47 CFR 54.521 and 47 CFR
0.111(a)(14). Attached is the debarment letter, DA 08-50, which was
mailed to Mrs./Mr. Arthur R. Scott and released on January 9, 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.
The debarment letter, which attached the suspension letter,
follows:
January 9, 2008
DA 08-50
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED AND FACSIMILE (404-872-1622)
Mr. Arthur R. Scott,
c/o Seth D. Kirschenbaum, Esq.,
Davis Zipperman Kirschenbaum & Lotito,
918 Ponce de Leon Avenue, NE.,
Atlanta, GA 30306-4212,
E-Mail: skirschenbaum@dzkl.com.
Re: Notice of Debarment, File No. EB-07-IH-7304
Dear Mr. Scott:
Pursuant to section 54.521 of the rules of the Federal
Communications Commission (the ``Commission''), by this Notice of
Debarment you are debarred from the schools and libraries universal
service support mechanism (or ``E-Rate program'') for a period of
three years.\1\
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\1\ See 47 CFR 0.111(a)(14), 54.521.
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On October 18, 2007, the Enforcement Bureau (the ``Bureau'')
sent you a Notice of Suspension and Initiation of Debarment
Proceedings (the ``Notice of Suspension'').\2\ That Notice of
Suspension was published in the Federal Register on November 6,
2007.\3\ The Notice of Suspension suspended you from the schools and
libraries universal service support mechanism and described the
basis for initiation of debarment proceedings against you, the
applicable debarment procedures, and the effect of debarment.\4\
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\2\ Letter from Hillary S. DeNigro, Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications
Commission, to Mr. Arthur R. Scott, Notice of Suspension and
Initiation of Debarment Proceedings, 22 FCC Rcd 18617 (Inv. &
Hearings Div., Enf. Bur. 2007) (Attachment 1).
\3\ 72 FR 62647 (November 6, 2007).
\4\ See Notice of Suspension, 22 FCC Rcd at 18618-19.
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Pursuant to the Commission's rules, any opposition to your
suspension or its scope or to your proposed debarment or its scope
had to be filed with the Commission no later than thirty (30)
calendar days from the earlier date of your receipt of the Notice of
Suspension or publication of the Notice of Suspension in the Federal
Register.\5 \The Commission did not receive any such opposition.
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\5\ See 47 CFR 54.521(e)(3) and (4). That date occurred no later
than December 6, 2007. See supra note 3.
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As discussed in the Notice of Suspension, you pled guilty to and
were convicted of conspiracy to defraud the United States and
bribery, in violation of 18 U.S.C. 371 and 666(a)(1)(B), for
activities in connection with your participation in the E-Rate
program involving the Atlanta Public Schools (``APS'').\6\ You
conspired with others,
[[Page 8695]]
including your wife Evelyn Myers Scott, to enter into an E-Rate
contract on behalf of APS in return for personal payoffs.\7\ In
addition, you admitted to taking bribes intending to be influenced
and rewarded in connection with the APS E-Rate project.\8\ Such
conduct constitutes the basis for your debarment, and your
conviction falls within the categories of causes for debarment under
section 54.521(c) of the Commission's rules.\9\ For the foregoing
reasons, you are hereby debarred for a period of three years from
the debarment date, i.e., the earlier date of your receipt of this
Notice of Debarment or its publication date in the Federal
Register.\10\ Debarment excludes you, for the debarment period, from
activities ``associated with or related to the schools and libraries
support mechanism,'' including ``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 the schools and libraries support mechanism.''
\11\
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\6\ See Notice of Suspension, 22 FCC Rcd at 18618.
\7\ See id. The Bureau also debars Mrs. Evelyn Myers Scott from
the E-Rate program. See Letter from Hillary S. DeNigro, Chief,
Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, to Mrs. Evelyn Myers Scott, Notice of
Debarment, DA 08-49 (Inv. & Hearings Div., Enf. Bur. rel. Jan. 9,
2008).
\8\ See id.
\9\ Id. at 18618; 47 CFR 54.521(c).
\10\ See Notice of Suspension, 22 FCC Rcd at 18619.
\11\ See 47 CFR 54.521(a)(1), 54.521(a)(5), 54.521(d); Notice of
Suspension, 22 FCC Rcd at 18619.
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Sincerely,
Hillary S. DeNigro,
Chief, Investigations and Hearings Division, Enforcement Bureau.
cc: Aaron M. Danzig, Esq., Assistant United States Attorney.
Kristy Carroll, Esq., Universal Service Administrative Company
(via e-mail).
October 18, 2007
DA 07-4336
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED AND FACSIMILE (404-872-1622)
Mr. Arthur R. Scott,
c/o Seth D. Kirschenbaum, Esq.,
Davis Zipperman Kirschenbaum & Lotito,
918 Ponce de Leon Avenue, NE.,
Atlanta, GA 30306-4212,
E-Mail: skirschenbaum@dzkl.com.
Re: Notice of Suspension and Initiation of Debarment Proceedings,
File No. EB-07-IH-7304
Dear Mr. Scott:
The Federal Communications Commission (``FCC'' or
``Commission'') has received notice of your conviction for
conspiracy to defraud the United States and bribery in violation of
18 U.S.C. 371 and 666(a)(1)(B) 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
one count of conspiracy to defraud the United States and one count
of bribery. United States v. Arthur R. Scott, Criminal Docket No.
1:07-CR-139-CC-01, Plea Agreement (N.D.Ga. filed May 2, 2007 and
entered May 7, 2007) (``Scott Plea Agreement''); United States v.
Arthur R. Scott, 1:07-CR-139-CC-01, Judgment (N.D.Ga. filed and
entered Oct. 2, 2007) (``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 conspiracy to defraud the United
States and bribery for activities in connection with your
participation in the E-Rate program.\4\ You admitted that while
employed as Director of Operational Technology of the Atlanta Public
Schools (``APS''), you conspired with others, including your wife
Evelyn Myers Scott (``Myers Scott''), to enter into an E-Rate
contract on behalf of APS in return for payments to the consulting
firm owned by you and Myers Scott from the vendor.\5\ In addition,
you admitted that you, as agent of APS, corruptly solicited,
demanded, accepted and agreed to accept $37,917 in order to be
influenced and rewarded in connection with APS's participation in
the E-Rate program. The loss and the restitution that you owed to
the E-Rate program resulting from the criminal offenses 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''); 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 Evelyn M. Scott, DA 07-4335, dated
October 18, 2007.
\6\ See Scott Judgment at 5; see also 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 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\
[[Page 8696]]
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 54.521(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.\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. E8-2812 Filed 2-13-08; 8:45 am]
BILLING CODE 6712-01-P