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                      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).1  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.2

I.   Notice of Suspension

     Pursuant to section 54.521(a)(4) of the Commission's 
rules,3  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.4  Your 
suspension becomes effective upon the earlier of your receipt 
of this letter or publication of notice in the Federal 
Register.5  

     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.6  Such requests, 
however, will not ordinarily be granted.7  The Bureau may 
reverse or limit the scope of suspension only upon a finding 
of extraordinary circumstances.8  Absent extraordinary 
circumstances, the Bureau will decide any request for 
reversal or modification of suspension within 90 days of its 
receipt of such request.9  

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.10  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.11  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.12  These 
actions constitute the conduct or transactions upon which 
this debarment proceeding is based.13  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.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.  

     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.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  

     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.19  The Bureau may, if necessary to protect the 
public interest, extend the debarment period.20 
     
     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)

_________________________

1United 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).
247 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).
347 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'').
4Second 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).
5Second Report and Order, 18 FCC Rcd at 9226,  69; 47 C.F.R. 
 54.521(e)(1).
6Second Report and Order, 18 FCC Rcd at 9226,  70; 47 C.F.R. 
 54.521(e)(4).
7Second Report and Order, 18 FCC Rcd at 9226,  70.
847 C.F.R.  54.521(e)(5).
9See Second Report and Order, 18 FCC Rcd at 9226,  70; 47 
C.F.R.  54.521(e)(5), 54.521(f).
10Second 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).
11 See Bokhari Superceding Indictment at 5-13.
12See Bokhari Superceding Indictment at 16-19, 21.
13Second Report and Order, 18 FCC Rcd at 9226,  70; 47 
C.F.R.  54.521(e)(2)(i).
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 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).
15See Second Report and Order, 18 FCC Rcd at 9226,  70; 47 
C.F.R.  54.521(e)(2(i), 54.521(e)(3). 
16Second Report and Order, 18 FCC Rcd at 9227,  74.
17See id., 18 FCC Rcd at 9226,  70; 47 C.F.R.  
54.521(e)(5).
18Id.  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).
19Second Report and Order, 18 FCC Rcd at 9225,  67; 47 
C.F.R.  54.521(d), 54.521(g).
20Id.