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40358 Federal Register / Vol. 70, No.

133 / Wednesday, July 13, 2005 / Notices

your October 22, 2004 guilty plea, you were Commission’s rules, your conviction requires FEDERAL COMMUNICATIONS
convicted, on or about January 28, 2005, of the Bureau to commence debarment COMMISSION
mail fraud and money laundering offenses proceedings against you.
involving your participation, through a
Virginia-based consulting company owned B. Debarment Procedures [DA 05–1728]
by your brother, Qasim Bokhari, in the E-Rate You may contest debarment or the scope of
program with certain schools in Wisconsin the proposed debarment by filing arguments Notice of Debarment
and Illinois.11 In connection with the mail and any relevant documentation within 30
fraud offenses, you admitted to conspiring calendar days of the earlier of the receipt of AGENCY:Federal Communications
and carrying out, along with Qasim Bokhari Commission.
this letter or of publication in the Federal
and other co-conspirators, the following acts:
(1) Illegally inducing certain Wisconsin and Register.15 Absent extraordinary ACTION: Notice.
Illinois schools to select the consulting circumstances, the Bureau will debar you.16
company as the schools’ E-Rate service Within 90 days of receipt of any opposition
SUMMARY: The Enforcement Bureau
provider by promising school officials that to your suspension and proposed debarment,
their school would not have to pay their the Bureau, in the absence of extraordinary (‘‘Bureau’’) debars Mr. Qasim Bokhari
undiscounted share of the cost under the E- circumstances, will provide you with notice (a/k/a Syed Qasim Ali Bokhari, a/k/a
Rate program; (2) taking over the schools’ of its decision to debar.17 If the Bureau Kasim Bokhari from the schools and
role in completing and submitting E-Rate decides to debar you, its decision will libraries universal service support
applications, and causing those schools to become effective upon the earlier of your mechanism (or ‘‘E-Rate program’’) for a
enter into unnecessarily large contracts for receipt of a debarment notice or publication period of three years.
infrastructure enhancements under the E- of the decision in the Federal Register.18
Rate program; (3) submitting materially false DATES: Debarment commences on the
and fraudulent invoices and other documents C. Effect of Debarment date Mr. Bokhari receives the debarment
to the E-Rate program claiming that the If and when your debarment becomes letter or July 13, 2005, whichever date
schools have been billed for their effective, you will be prohibited from come first, for a period of three years.
undiscounted share; (4) submitting materially
participating in activities associated with or
false and fraudulent invoices and other FOR FURTHER INFORMATION CONTACT:
related to the schools and libraries support
documents to the E-Rate program claiming Diana Lee, Federal Communications
that certain work had been performed and mechanism for at least three years from the
date of debarment.19 The Bureau may, if Commission, Enforcement Bureau,
goods supplied to the schools; and (5) Investigations and Hearings Division,
receiving payment from the E-Rate program necessary to protect the public interest,
for goods and services that you fraudulently extend the debarment period.20 Room 4–C330, 445 12th Street, SW.,
claimed the consulting company had Please direct any responses to the Washington, DC 20554. Diana Lee may
provided to the schools. In connection with following address: Diana Lee, Federal be contacted by phone at (202) 418–
the money laundering offenses, you admitted Communications Commission, Enforcement 0843 or e-mail at diana.lee@fcc.gov.
to conspiring and carrying out, with Qasim Bureau, Investigations and Hearings Division,
Bokhari and other co-conspirators, the SUPPLEMENTARY INFORMATION: The
Room 4-C443, 445 12th Street, SW.,
unlawful scheme to transfer the fraudulently Washington, DC 20554.
Bureau has debarred Mr. Bokhari from
obtained E-Rate payments from the United If you submit your response via hand- the schools and libraries universal
States to Pakistan through the unknowing delivery or non-United States Postal Service service support mechanism for a period
services of other individuals designed, in delivery (e.g., Federal Express, DHL, etc.), of three year pursuant to 47 CFR parts
whole or in part, to conceal and disguise the 521 and 47 CFR 0.111(a)(14). The
please send the response to Ms. Lee at the
nature, location, source, ownership, and Commission previously suspended Mr.
following address: Federal Communications
control of these monies.12 These actions
constitute the conduct or transactions upon Commission, 9300 East Hampton Drive, Bokhari from the schools and libraries
which this debarment proceeding is based.13 Capitol Heights, MD 20743. mechanism, pending debarment
Moreover, your conviction on the basis of If you have any questions, please contact proceedings. See 70 FR 9647, February
these acts falls within the categories of causes Ms. Lee via mail, by telephone at (202) 418– 28, 2005. Attached is the debarment
for debarment defined in section 54.521(c) of 0843 or by e-mail at diana.lee@fcc.gov. letter, Notice of Debarment, DA 05–
the Commission’s rules.14 Therefore, Sincerely yours, 1728, which was mailed to Mr. Bokhari
pursuant to section 54.521(a)(4) of the William H. Davenport, and released on June 23, 2005, that in
Chief, Investigations and Hearings Division, tern attached the suspension letter,
‘‘person’’ as ‘‘[a]ny individual, group of individuals, Enforcement Bureau.
corporation, partnership, association, unit of
Notice of Suspension and of Proposed
government or legal entity, however, organized.’’ 47 cc: Carla Stern, Assistant United States Debarment, DA 05–422. The complete
CFR 54.521(a)(6). Attorney, DOJ (E-mail) Kristy Carroll, Esq., text of the debarment letter, including
11 See Bokhari Superceding Indictment at 5–13. USAC (E-mail). attachment 1 the suspension letter, is
12 See Bokhari Superceding Indictment at 16–19,
[FR Doc. 05–13750 Filed 7–12–05; 8:45 am] available for public inspection and
21.
13 Second Report and Order, 18 FCC Rcd at 9226, BILLING CODE 6712–01–P
copying during regular business hours
¶ 70; 47 CFR 54.521(e)(2)(i). at the FCC Reference Information
14 ‘‘Causes for suspension and debarment are the
15 See Second Report and Order, 18 FCC Rcd at
Center, Portal II, 445 12th Street, SW.,
conviction of or civil judgment for attempt or 9226, ¶ 70; 47 CFR 54.521(e)(2)(i), 54.521(e)(3). Room CY–A257, Washington, DC 20554,
commission of criminal fraud, theft, embezzlement, 16 Second Report and Order, 18 FCC Rcd at 9227, In addition, the complete test is
forgery, bribery, falsification or destruction of
records, making false statements, receiving stolen
¶ 74. available on the FCC’s Web site at
17 See id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR
property, making false claims, obstruction of justice http://www.fcc.gov. The text may also be
54.521(e)(5).
and other fraud or criminal offense arising out of
18 Id. The Commission may reverse a debarment,
purchased from the Commission’s
activities associated with or related to the schools duplicating contractor, Best Copy and
and libraries support mechanism.’’ 47 CFR or may limit the scope or period of debarment upon
54.521(c). Such activities ‘‘include the receipt of a finding of extraordinary circumstances, following Printing, Inc., Portal II, 445 12th Street,
funds or discounted services through the schools the filing of a petition by you or an interested party SW., Room CY–B420, Washington, DC
and libraries support mechanism, or consulting or upon motion by the Commission. 47 CFR
54.521(f).
20554, telephone (202) 488–5300 or
with, assisting, or advising applicants or service
providers regarding schools and libraries support 19 Second Report and Order, 18 FCC Rcd at 9225, (800) 378–3160, facsimile (202) 488–
mechanism described in this section ([47 CFR] ¶ 67; 47 CFR 54.521(d), 54.521(g). 5563, or via e-mail http://
54.500 et seq.).’’ 47 CFR 54.521(a)(1). 20 Id. www.bcpiweb.com.

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Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Notices 40359

Federal Communications Commission. infrastructure enhancements; (3) submitting constitutes official notice of your suspension
William H. Davenport, materially false and fraudulent invoices and from the schools and libraries universal
other documents to the program claiming service support mechanism (‘‘E-Rate
Chief, Investigations and Hearings Division,
that the schools have been billed for their program’’). In addition, the Enforcement
Enforcement Bureau.
undiscounted share and that E-Rate goods Bureau (‘‘Bureau’’) hereby notifies you that
The notice of debarment and and services have been provided; and (4) we are commencing debarment proceedings
suspension letters follows: receiving payment from the E-Rate program against you.2
June 23, 2005 for goods and services not rendered.6 In
I. Notice of Suspension
connection with the money laundering
Via Certified Mail, Return Receipt Requested offense, you admitted to conspiring and Pursuant to § 54.521(a)(4) of the
carrying out, with co-conspirators, an Commission’s rules,3 Your conviction
Mr. Qasim Bokhari (a/k/a Syed Qasim Ali
unlawful scheme to transfer the fraudulently requires the Bureau to suspend you from
Bokhari, a/k/a Kasim Bokhari), c/o
obtained E-Rate payments from the United participating in any activities associated with
Michael J. Steinle, Esquire, Steinle Law
States to Pakistan through the unknowing or related to the schools and libraries fund
Offices, 2600 N Mayfair Rd–Suite 700, mechanism, including the receipt of funds or
Milwaukee, WI 53226 services of other individuals designed, in
whole or in part, to conceal and disguise the discounted services through the schools and
Re: Notice of Debarment, File No. EB–04–IH– nature, location, source, ownership, and libraries fund mechanism, or consulting
0388 control of these monies.7 Such conduct with, assisting, or advising applicants or
Dear Mr. Qasim Bokhari: Pursuant to constitutes the basis for your debarment, and service providers regarding the schools and
section 54.521 of the rules of the Federal your conviction falls within the categories of libraries support mechanism.4 Your
Communications Commission (the causes for debarment under § 54.521(c) of the suspension becomes effective upon the
‘‘Commission’’), by this Notice of Debarment Commission’s rules.8 For the foregoing earlier of your receipt of this letter or
you are hereby debarred from the schools and reasons, you are hereby debarred for a period publication of notice in the Federal
libraries universal service support of three years from the debarment date, i.e., Register.5
mechanism (or ‘‘E-Rate program’’) for a the earlier date of your receipt of this Notice Suspension is immediate pending the
period of three years.1 of Debarment or its publication date in the Bureau’s final debarment determination. You
On February 16, 2005, the Enforcement Federal Register.9 Debarment excludes you, may contest this suspension or the scope of
Bureau (the ‘‘Bureau’’) sent you a Notice of for the debarment period, from activities this suspension by filing arguments in
Suspension and Proposed Debarment (the ‘‘associated with or related to the schools and opposition to the suspension, with any
‘‘Notice of Suspension’’).2 That Notice of libraries support mechanism,’’ including ‘‘the relevant documentation. Your request must
Suspension was published in the Federal receipt of funds or discounted services be received within 30 days after it receives
Register on February 28, 2005.3 The Notice through the schools and libraries support this letter or after notice is published in the
of Suspension suspended you from the mechanism, or consulting with, assisting, or Federal Register, whichever comes first.6
schools and libraries universal service advising applicants or service providers Such requests, however, will not ordinarily
support mechanism and described the basis be granted.7 The Bureau may reverse or limit
regarding the schools and libraries support
for your proposed debarment, the applicable the scope of suspension only upon a finding
mechanism.’’ 10
debarment procedures, and the effect of of extraordinary circumstances.8 Absent
Sincerely,
debarment.4 extraordinary circumstances, the Bureau will
William H. Davenport, decide any request for reversal or
Pursuant to the Commission’s rules, any
opposition to your suspension or its scope or Chief; Investigations and Hearings Division, modification of suspension within 90 days of
to your proposed debarment or its scope had Enforcement Bureau. its receipt of such request.9
to be filed with the Commission no later than cc: Carla Stern, Esq., Assistant United
States Attorney, U.S. Department of Justice II. Notice of Proposed Debarment
thirty (30) calendar days from the earlier date
of your receipt of the Notice of Suspension (E-mail) Kristy Carroll, Esq., USAC (E-mail). A. Reasons for and Cause of Debarment
or publication of the Notice of Suspension in February 16, 2005 The Commission has established
the Federal Register.5 The Commission did procedures to prevent persons who have
Via Certified Mail, Return Receipt Requested
not receive any such opposition. ‘‘defrauded the government or engaged in
As discussed in the Notice of Suspension, Mr. Qasim Bokhari, (a/k/a Syed Qasim Ali similar acts through activities associated with
on or about January 28, 2005, you were Bokhari, a/k/a Kasim Bokhari), c/o or related to the schools and libraries support
convicted of mail fraud and money Michael J. Steinle, Esquire, Steinle Law mechanism’’ from receiving the benefits
laundering offenses involving your Offices, 2600 N Mayfair Rd—Suite 700, associated with that program.10 As provided
participation in the E-Rate program. In Milwaukee, WI 53226
connection with the mail fraud, you admitted Re: Notice of Suspension and of Proposed 2 47 CFR 54.521; 47 CFR 0.111(a)(14) (delegating
to conspiring and carrying out, with co- Debarment, File No. EB–04–IH–0388 to the Enforcement Bureau authority to resolve
conspirators, the following acts: (1) Illegally Dear Mr. Qasim Bokhari: The Federal universal service suspension and debarment
inducing certain schools to select your Communications Commission (‘‘FCC’’ or proceedings pursuant to 47 CFR 54.521).
consulting company as their E-Rate service ‘‘Commission’’) has received notice of your 3 47 CFR 54.521(a)(4). See Schools and Libraries

provider by promising school officials that January 28, 2005 conviction for mail fraud in Universal Service Support Mechanism, Second
their schools would not have to pay the Report and Order and Further Notice of Proposed
violation of 18 U.S.C. 371 and 1341, and for
Rulemaking, 18 FCC Rcd 9202, 9225–9227, ¶¶ 67–
undiscounted share of their costs under the money laundering in violation of the 18 74 (2003) (‘‘Second Report and Order’’).
E-Rate program; (2) taking over those schools’ U.S.C. 1956(a) and (h).1 Consequently, 4 Second Report and Order, 18 FCC Rcd at 9225,
role in completing and submitting E-Rate pursuant to 47 CFR 54.521, this letter ¶ 67; 47 U.S.C. 254; 47 CFR 54.502–54.503; 47 CFR
applications, and causing those schools to 54.521(a)(4).
enter into unnecessary large contracts for 6 See Notice of Suspension, 20 FCC Rcd at 3604– 5 Second Report and Order, 18 FCC Rcd at 9226,

05. ¶ 69; 47 CFR 54.521(e)(1).


1 See 47 CFR 0.111(a)(14), 54.521. 7 Id.
at 3605. 6 Second Report and Order, 18 FCC Rcd at 9226,
2 Letterfrom William H. Davenport, Chief, 8 Id.
at 3605; 47 CFR 54.521(c). ¶ 70; 47 CFR 54.521(e)(4).
Investigations and Hearings Division, Enforcement 9 See Notice of Suspension, 20 FCC Rcd at 3605. 7 Second Report and Order, 18 FCC Rcd at 9226,

Bureau, Federal Communications Commission, to 10 See 47 CFR 54.521(a)(1), 54.521(a)(5), ¶ 70.


Qasim Bokhari, Notice of Suspension and Proposed 54.521(d); Notice of Suspension, 20 FCC Rcd at 8 47 CFR 54.521(e)(5).
Debarment, 20 FCC Rcd 3603 (Inv. & Hearings Div., 3606. 9 See Second Report and Order, 18 FCC Rcd at
Enf. Bur. 2005) (Attachment 1). 1 United States v. Bokhari et al, Case No. 04–CR– 9226, ¶ 70; 47 CFR 54.521(e)(5), 54.521(f).
3 70 FR 9647 (Feb. 28, 2005).
0056–RTR, Plea Agreement (E.D.WI filed and 10 Second Report and Order, 18 FCC Rcd at 9225,
4 See id., 20 FCC Rcd at 3603–06.
entered October 22, 2004) (‘‘Qasim Bokhari Plea ¶ 66. The Commission’s debarment rules define a
5 See 47 CFR 54.521(e)(3) and (4). That date Agreement’’); United States v. Qasim Bokhari, Case ‘‘person’’ as ‘‘[a]ny individual, group of individuals,
occurred no later than March 30, 2005. See supra No. 04–CR–0056–RTR, Judgment (E.D.WI filed corporation, partnership, association, unit of
note 3. January 28, 2005 and entered February 3, 2005). Continued

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40360 Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Notices

by the October 22, 2004 plea agreement upon B. Debarment Procedures FEDERAL COMMUNICATIONS
which your conviction is based, you pled You may contest debarment or the scope of COMMISSION
guilty to mail fraud and money laundering the proposed debarment by filing arguments
offenses for activities in connection with [DA 05–1729]
and any relevant documentation within 30
your participation, through your Virginia-
calendar days of the earlier of the receipt of Notice of Suspension and of Proposed
based consulting company, in the E-Rate
program with certain schools in Wisconsin this letter or of publication in the Federal Debarment
and Illinois. In connection with the mail Register.15 Absent extraordinary
circumstances, the Bureau will debar you.16 AGENCY: Federal Communications
fraud offenses, you admitted to conspiring
and carrying out, with other co-conspirators, Within 90 days of receipt of any opposition Commission.
the following acts: (1) Illegally inducing to your suspension and proposed debarment, ACTION: Notice.
certain Wisconsin and Illinois schools to the Bureau, in the absence of extraordinary
circumstances, will provide you with notice SUMMARY: The Enforcement Bureau
select your consulting company as the
schools’ E-Rate service provider by promising of its decision to debar.17 If the Bureau (Bureau) gives notice of Mr. Ronald R.
school officials that their school would not decides to debar you, its decision will Morrett, Jr. suspension from the schools
have to pay their undiscounted share of the become effective upon the earlier of your and libraries universal service support
cost under the E-Rate program; (2) taking receipt of a debarment notice or publication mechanism. In addition, the Bureau
over those schools’ role in completing and of the decision in the Federal Register.18 gives notice that debarment proceedings
submitting E-Rate applications, and causing are commencing against Mr. Ronald R.
those schools to enter into unnecessarily C. Effect of Debarment Morrett, Jr.
large contracts for infrastructure If and when your debarment becomes DATES: Opposition request must be
enhancements under the E-Rate program; (3) effective, you will be prohibited from received by August 12, 2005. An
submitting materially false and fraudulent participating in activities associated with or opposition request by the party to be
invoices and other documents to the E-Rate related to the schools and libraries support
program claiming that the schools have been suspended must be received 30 days
mechanism for at least three years from the from the receipt of the suspension letter
billed for their undiscounted share; (4)
date of debarment.19 The Bureau may, if or by August 12, 2005. The Bureau will
submitting materially false and fraudulent
invoices and other documents to the E-Rate necessary to protect the public interest, decide any opposition request for
program claiming that certain work had been extend the debarment period.20 reversal or modification of suspension
performed and goods supplied to the schools; Please direct any responses to the within 90 days of its receipt of such
and (5) receiving payment from the E-Rate following address: Diana Lee, Federal requests.
program for goods and services that you Communications Commission, Enforcement
Bureau, Investigations and Hearings Division, FOR FURTHER INFORMATION CONTACT:
fraudulently claimed your consulting
company had provided to the schools.11 In Room 4–C443, 445 12th Street, SW., Diana Lee, Federal Communications
connection with the money laundering Washington, DC 20554. Commission, Enforcement Bureau,
offenses, you admitted to conspiring and If you submit your response via hand- Investigations and Hearings Division,
carrying out, with other co-conspirators, an delivery or non-United States Postal Service Room 4-C330, 445 12th Street, SW.,
unlawful scheme to transfer the fraudulently delivery (e.g., Federal Express, DHL, etc.), Washington, DC 20554. Diana Lee may
obtained E-Rate payments from the United please send the response to Ms. Lee at the be contacted by phone at (202) 418–
States to Pakistan through the unknowing following address: Federal Communications 0843 or e-mail at diana.lee@fcc.gov.
services of other individuals designed, in Commission, 9300 East Hampton Drive, SUPPLEMENTARY INFORMATION: The
whole or in part, to conceal and disguise the
Capitol Heights, MD 20743. Bureau has suspension and debarment
nature, location, source, ownership, and
control of these monies.12 These actions
If you have any questions, please contact authority under 47 CFR 521 and 47 CFR
constitute the conduct or transactions upon Ms. Lee via mail, by telephone at (202) 418– 0.111(a) (14). Suspension will help
which this debarment proceeding is based.13 0843 or by e-mail at diana.lee@fcc.gov. ensure that the party to be suspended
Moreover, your conviction on the basis of Sincerely yours, cannot continue to benefit from the
these acts falls within the categories of causes William H. Davenport, schools and libraries mechanism
for debarment defined in § 54.521(c) of the pending resolution of the debarment
Chief, Investigations and Hearings Division,
Commission’s rules.14 Therefore, pursuant to process. Attached is the suspension
§ 54.521(a)(4) of the Commission’s rules, your Enforcement Bureau.
letter, Notice of Suspension and of
conviction requires the Bureau to commence cc: Carla Stern, Assistant United States Proposed Debarment, DA 05–1729,
debarment proceedings against you. Attorney, DOJ (E-mail) which was sent by certified mail to Mr.
Kristy Carroll, Esq., USAC (E-mail) Ronald R. Morrett, Jr. and released on
government or legal entity, however, organized.’’ 47 [FR Doc. 05–13745 Filed 7–12–05; 8:45 am] June 23, 2005. The letter (1) Gives notice
CFR 54.521(a)(6).
11 See Qasim Bokhari Plea Agreement at 1–5. BILLING CODE 6712–01–P of the suspension; (2) gives notice of
12 See Qasim Bokhari Plea Agreement at 1, 6–9. proposed debarment; (3) gives the
13 Second Report and Order, 18 FCC Rcd at 9226, reasons for and cause of debarment; (4)
¶ 70; 47 CFR 54.521(e)(2)(i). 15 See Second Report and Order, 18 FCC Rcd at explains the debarment procedures; and
14 ‘‘Causes for suspension and debarment are the
9226, ¶ 70; 47 CFR 54.521(e)(2(i), 54.521(e)(3). (5) describes the potential the effect of
conviction of or civil judgment for attempt or 16 Second Report and Order, 18 FCC Rcd at 9227, the debarment. The complete text of the
commission of criminal fraud, theft, embezzlement,
forgery, bribery, falsification or destruction of
¶ 74. suspension letter is available for public
records, making false statements, receiving stolen
17 See id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR
inspection and copying during regular
property, making false claims, obstruction of justice 54.521(e)(5). business hours at the FCC Reference
and other fraud or criminal offense arising out of 18 Id. The Commission may reverse a debarment,
Information Center, Portal II, 445 12th
activities associated with or related to the schools or may limit the scope or period of debarment upon
and libraries support mechanism.’’ 47 CFR
Street, SW., Room CY–A257,
a finding of extraordinary circumstances, following
54.521(c). Such activities ‘‘include the receipt of the filing of a petition by you or an interested party
Washington, DC 20554, In addition, the
funds or discounted services through the schools or upon motion by the Commission. 47 CFR complete text is available on the FCC’s
and libraries support mechanism, or consulting Web site at http://www.fcc.gov. The text
54.521(f).
with, assisting, or advising applicants or service
providers regarding schools and libraries support
19 Second Report and Order, 18 FCC Rcd at 9225, may also be purchased from the
mechanism described in this section ([47 CFR] ¶ 67; 47 CFR 54.521(d), 54.521(g). Commission’s duplicating contractor,
§ 54.500 et seq.).’’ 47 CFR 54.521(a)(1). 20 Id. Best Copy and Printing, Inc., Portal II,

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