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                                                       DA 05-1730

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Mr. Haider Bokhari (a/k/a Syed Haider Ali Bokhari )
c/o Patrick C. Brennan, Esquire
Brennan & Ramirez LLP
324 E Wisconsin Ave-Suite 1010
Milwaukee, WI 53202-4309

     Re:  Notice of Debarment, File No. EB-05-IH-0107

Dear Mr. Haider Bokhari:

     Pursuant to section 54.521 of the rules of the Federal 
Communications Commission (the ``Commission''), by this Notice of 
Debarment you are hereby debarred from the schools and libraries 
universal service support mechanism (or ``E-Rate program'') for a 
period of three years.1  

     On February 16, 2005, the Enforcement Bureau (the 
``Bureau'') sent you a Notice of Suspension and Proposed 
Debarment (the ``Notice of Suspension'').2  That Notice of 
Suspension was published in the Federal Register on March 10, 
2005.3  The Notice of Suspension suspended you from the schools 
and libraries universal service support mechanism and described 
the basis for your proposed debarment, the applicable debarment 
procedures, and the effect of debarment.4

     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.    

     As discussed in the Notice of Suspension, on or about 
January 28, 2005, you were convicted of mail fraud and money 
laundering offenses involving your participation in the E-Rate 
program.  In connection with the mail fraud, you admitted to 
conspiring and carrying out, with co-conspirators, the following 
acts:  (1) illegally inducing certain schools to select your 
consulting company as their E-Rate service provider by promising 
school officials that their schools would not have to pay the 
undiscounted share of their costs under the E-Rate program; (2) 
taking over those schools' role in completing and submitting E-
Rate applications, and causing those schools to enter into 
unnecessary large contracts for infrastructure enhancements; (3) 
submitting materially false and fraudulent invoices and other 
documents to the program claiming that the schools have been 
billed for their undiscounted share and that E-Rate goods and 
services have been provided; and (4) receiving payment from the 
E-Rate program for goods and services not rendered.6  In 
connection with the money laundering offense, you admitted to 
conspiring and carrying out, with co-conspirators, an unlawful 
scheme to transfer the fraudulently obtained E-Rate payments from 
the United States to Pakistan through the unknowing services of 
other individuals designed, in whole or in part, to conceal and 
disguise the nature, location, source, ownership, and control of 
these monies.7  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.8  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.9  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.''10  
     
                                   Sincerely,
     


                                   William H. Davenport
                                   Chief
                                   Investigations and Hearings 
Division
                                   Enforcement Bureau

cc:  Carla Stern, Esq., Assistant United States Attorney, U.S. 
Department of Justice (E-mail) 
     Kristy Carroll, Esq., USAC (E-mail)


                      February 16, 2005

                                                  DA 05-421

VIA CERTIFIED MAIL                                
RETURN RECEIPT REQUESTED
Mr. Haider Bokhari 
(a/k/a Syed Haider Ali Bokhari )
c/o Patrick C. Brennan, Esquire
Brennan & Ramirez LLP
324 E Wisconsin Ave-Suite 1010
Milwaukee, WI 53202-4309 

     Re:  Notice of Suspension and of Proposed 
          Debarment,
          File No. EB-05-IH-0107

Dear Mr. Haider Bokhari: 

     The Federal Communications Commission (``FCC'' or 
``Commission'') has received notice of your January 28, 2005 
conviction for mail fraud in violation of 18 U.S.C.  371 
and 1341, and for money laundering in violation of the 18 
U.S.C.  1956(a) and (h).11  Consequently, pursuant to 47 
C.F.R. 54.521, this letter constitutes official notice of 
your suspension from the schools and libraries universal 
service support mechanism (``E-Rate program'').  In addition, 
the Enforcement Bureau (``Bureau'') hereby notifies you that 
we are commencing debarment proceedings against you.12

I.   Notice of Suspension

     Pursuant to section 54.521(a)(4) of the Commission's 
rules,13  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.14  
Your suspension becomes effective upon the earlier of your 
receipt of this letter or publication of notice in the 
Federal Register.15  

     Suspension is immediate pending the Bureau's final 
debarment determination.  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 it receives this letter or after notice is published in 
the Federal Register, whichever comes first.16  Such 
requests, however, will not ordinarily be granted.17  The 
Bureau may reverse or limit the scope of suspension only upon 
a finding of extraordinary circumstances.18  Absent 
extraordinary circumstances, the Bureau will decide any 
request for reversal or modification of suspension within 90 
days of its receipt of such request.19  

II.  Notice of Proposed Debarment

     II.A.     Reasons for and Cause of Debarment 

     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.20  Based on your 
October 22, 2004 guilty plea, you were convicted, on or about 
January 28, 2005, of mail fraud and money laundering offenses 
involving your participation, through a Virginia-based 
consulting company owned by your brother, Qasim Bokhari, in 
the E-Rate program with certain schools in Wisconsin and 
Illinois.21  In connection with the mail fraud offenses, you 
admitted to conspiring and carrying out, along with Qasim 
Bokhari and other co-conspirators, the following acts: (1) 
illegally inducing certain Wisconsin and Illinois schools to 
select the consulting company as the schools' E-Rate service 
provider by promising school officials that their school 
would not have to pay their undiscounted share of the cost 
under the E-Rate program; (2) taking over the schools' role 
in completing and submitting E-Rate applications, and causing 
those schools to enter into unnecessarily large contracts for 
infrastructure enhancements under the E-Rate program; (3) 
submitting materially false and fraudulent invoices and other 
documents to the E-Rate program claiming that the schools 
have been billed for their undiscounted share; (4) submitting 
materially false and fraudulent invoices and other documents 
to the E-Rate program claiming that certain work had been 
performed and goods supplied to the schools; and (5) 
receiving payment from the E-Rate program for goods and 
services that you fraudulently claimed the consulting company 
had provided to the schools.  In connection with the money 
laundering offenses, you admitted to conspiring and carrying 
out, with Qasim Bokhari and other co-conspirators, the 
unlawful scheme to transfer the fraudulently obtained E-Rate 
payments from the United States to Pakistan through the 
unknowing services of other individuals designed, in whole or 
in part, to conceal and disguise the nature, location, 
source, ownership, and control of these monies.22  These 
actions constitute the conduct or transactions upon which 
this debarment proceeding is based.23  Moreover, your 
conviction on the basis of these acts falls within the 
categories of causes for debarment defined in section 
54.521(c) of the Commission's rules.24  Therefore, pursuant 
to section 54.521(a)(4) of the Commission's rules, your 
conviction requires the Bureau to commence debarment 
proceedings against you.  

     II.B.     Debarment Procedures

     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.25  Absent 
extraordinary circumstances, the Bureau will debar you.26  
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.27  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.28  

     II.C.     Effect of Debarment

     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 at least three years from the date of 
debarment.29  The Bureau may, if necessary to protect the 
public interest, extend the debarment period.30 
     
     Please direct any responses to the following address:

Diana Lee
Federal Communications Commission
Enforcement Bureau
Investigations and Hearings Division
Room 4-C443
445 12th Street, S.W.
Washington, D.C. 20554

If you submit your response via hand-delivery or non-United 
States Postal Service delivery (e.g., Federal Express, DHL, 
etc.), please send the response to Ms. Lee at the following 
address:

Federal Communications Commission
9300 East Hampton Drive
Capitol Heights, MD  20743

If you have any questions, please contact Ms. Lee via mail, 
by telephone at (202) 418-0843 or by e-mail at 
diana.lee@fcc.gov.  
                                   
                                   Sincerely yours,



                                   William H. Davenport
                                   Chief
                                   Investigations and 
Hearings Division
                                   Enforcement Bureau

cc:  Carla Stern, Assistant United States Attorney, DOJ (E-
mail) 
     Kristy Carroll, Esq., USAC (E-mail)
_________________________

1See 47 C.F.R.  0.111(a)(14), 54.521.     
2Letter from William H. Davenport, Chief, Investigations and 
Hearings Division, Enforcement Bureau, Federal Communications 
Commission, to Haider Bokhari, Notice of Suspension and Proposed 
Debarment, 20 FCC Rcd 3599 (Inv. & Hearings Div., Enf. Bur. 2005) 
(Attachment 1).  
370 Fed. Reg. 11972 (Mar. 10, 2005).
4See id., 20 FCC Rcd at 3599-3602.
5See 47 C.F.R.  54.521(e)(3) and (4).  That date occurred no 
later than April 9, 2005.  See supra note 3.
6See Notice of Suspension, 20 FCC Rcd at 3600-01.
7Id. at 3601.
8Id. at 3601; 47 C.F.R.  54.521(c).
9Notice of Suspension, 20 FCC Rcd at 3601.
10See 47 C.F.R.  54.521(a)(1), 54.521(a)(5), 54.521(d); Notice 
of Suspension, 20 FCC Rcd at 3602.
11United States v. Bokhari et al, Case No. 04-CR-0056-RTR, 
Superceding Indictment (E.D.WI filed September 24 2004 and 
entered October 4, 2004) (``Bokhari Superceding 
Indictment''); United States v. Haider Bokhari, Case No. 04-
CR-0056-RTR, Judgment (E.D.WI filed January 28, 2005 and 
entered February 3, 2005).
1247 C.F.R.  54.521; 47 C.F.R.  0.111(a)(14) (delegating to 
the Enforcement Bureau authority to resolve universal service 
suspension and debarment proceedings pursuant to 47 C.F.R.  
54.521).
1347 C.F.R.  54.521(a)(4).  See Schools and Libraries 
Universal Service Support Mechanism, Second Report and Order 
and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 
9225-9227,  67-74 (2003) (``Second Report and Order'').
14Second Report and Order, 18 FCC Rcd at 9225,  67; 47 
U.S.C.  254; 47 C.F.R  54.502-54.503; 47 C.F.R. 
54.521(a)(4).
15Second Report and Order, 18 FCC Rcd at 9226,  69; 47 
C.F.R.  54.521(e)(1).
16Second Report and Order, 18 FCC Rcd at 9226,  70; 47 
C.F.R.  54.521(e)(4).
17Second Report and Order, 18 FCC Rcd at 9226,  70.
1847 C.F.R.  54.521(e)(5).
19See Second Report and Order, 18 FCC Rcd at 9226,  70; 47 
C.F.R.  54.521(e)(5), 54.521(f).
20Second Report and Order, 18 FCC Rcd at 9225,  66.  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 C.F.R.  54.521(a)(6).
21 See Bokhari Superceding Indictment at 5-13.
22See Bokhari Superceding Indictment at 16-19, 21.
23Second Report and Order, 18 FCC Rcd at 9226,  70; 47 
C.F.R.  54.521(e)(2)(i).
24``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 C.F.R. 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 C.F. R.]  54.500 et seq.).''  47 C.F.R. 
 54.521(a)(1).
25See Second Report and Order, 18 FCC Rcd at 9226,  70; 47 
C.F.R.  54.521(e)(2(i), 54.521(e)(3). 
26Second Report and Order, 18 FCC Rcd at 9227,  74.
27See id., 18 FCC Rcd at 9226,  70; 47 C.F.R.  
54.521(e)(5).
28Id.  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 C.F.R.  54.521(f).
29Second Report and Order, 18 FCC Rcd at 9225,  67; 47 
C.F.R.  54.521(d), 54.521(g).
30Id.