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DA 05-1727
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
John Henry Weaver
146 Weldon Drive
York, PA 17404
Re: Notice of Debarment, File No. EB-03-IH-0684
Dear Mr. Weaver:
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 March 8, 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 16, 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 March
1, 2005, you were convicted of participating in a conspiracy that
involves receiving $1.9 million in kickback payments from Ronald
R. Morrett of EMO Communications, Inc., while you were
responsible for certifying that the company had performed work
specified in a contract that is 80 percent funded by the E-Rate
program, and concealing those payments by causing some of the
payments to be funneled through various bank accounts belonging
to third parties.6 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.7 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.8 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.''9
Sincerely,
William H. Davenport
Chief
Investigations and Hearings
Division
Enforcement Bureau
cc: Gerald Lord, Esq., Miller, Poole & Lord, LLP
Kristy Carroll, Esq., USAC (E-mail)
Marty Carlson, Esq., Assistant United States Attorney,
Middle District of Pennsylvania (E-mail)
DA 05-607
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
John Henry Weaver
146 Weldon Drive
York, PA 17404
Re: Notice of Suspension and of Proposed Debarment
File No. EB-03-IH-0684
Dear Mr. Weaver:
The Federal Communications Commission (``FCC'' or
``Commission'') has received notice of your March 1, 2005
conviction pursuant to 18 U.S.C. §§ 371 and 666 for conspiracy to
engage in bribery in a federally funded program.10 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. In addition, the
Enforcement Bureau (``Bureau'') hereby notifies you that we are
commencing debarment proceedings against you.11
I. Notice of Suspension
Pursuant to section 54.521(a)(4) of the Commission's
rules,12 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.13 Your suspension becomes effective
upon the earlier of your receipt of this letter or publication of
notice in the Federal Register.14
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 you receive this letter or after
notice is published in the Federal Register, whichever comes
first.15 Such requests, however, will not ordinarily be
granted.16 The Bureau may reverse or limit the scope of
suspension only upon a finding of extraordinary circumstances.17
Absent extraordinary circumstances, the Bureau will decide any
request for reversal or modification of suspension within 90 days
of its receipt of such request.18
II. Notice of Proposed Debarment
II.A. Reasons for and Cause of Debarment
Commission rules establish 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.19 On March 1, 2005, you were
convicted based on a December 8, 2003 plea of guilty to
participating in a conspiracy with Ronald R. Morrett, Jr.
(``Morrett'') of EMO Communications, Inc. (``EMO'').20 You
admitted to the following acts: (1) receiving $1.9 million in
kickback payments from Morrett while you were responsible for
certifying Morrett and EMO had performed work specified in a
contract that is 80% funded by the federal E-rate program; and
(2) concealing those payments by causing some of the payments to
be funneled though various bank accounts belonging to third
parties.21 These actions constitute the conduct or transactions
upon which this debarment proceeding is based.22 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.23 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.24 Absent
extraordinary circumstances, the Bureau will debar you.25 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.26 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 its decision in the Federal Register.27
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.28 The Bureau may,
if necessary to protect the public interest, extend the debarment
period.29
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 your 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) 418-1420 or by e-mail at diana.lee@fcc.gov.
If Ms. Lee is unavailable, you may contact Hillary DeNigro by
telephone at (202) 418-1420 and by e-mail at
hillary.denigro@fcc.gov.
Sincerely yours,
William H. Davenport
Chief
Investigations and Hearings
Division
Enforcement Bureau
cc: Gerald Lord, Miller, Poole & Lord, LLP
Kristy Carroll, USAC (E-mail)
Marty Carlson, United States Attorney, Middle District of
Pennsylvania (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 John Henry Weaver, Notice of
Suspension and Proposed Debarment, 20 FCC Rcd 5130 (Inv. &
Hearings Div., Enf. Bur. 2005) (Attachment 1).
370 Fed. Reg. 12883 (Mar. 16, 2005).
4See Notice of Suspension, 20 FCC Rcd at 5130-32.
5See 47 C.F.R. § 54.521(e)(3) and (4). That date occurred
no later than April 15, 2005. See supra note 3.
6Notice of Suspension, 20 FCC Rcd at 5131.
7Id. at 5132; 47 C.F.R. § 54.521(c).
8See Notice of Suspension, 20 FCC Rcd at 5131-32.
9See 47 C.F.R. §§ 54.521(a)(1), 54.521(a)(5), 54.521(d);
Notice of Suspension, 20 FCC Rcd at 5132.
10Any further reference in this letter to ``your
conviction'' refers to your March 1, 2005 conviction based
on your December 8, 2003 guilty plea to this count because
you ``did knowingly combine, conspire, confederate and agree
with persons ... to corruptly give, offer and agree to give
things of value to another person with the intent to
influence an agent of the Harrisburg School District.'' See
United States v. Weaver, Criminal Docket No. 03-337,
Information at 4 (M.D.Pa. filed December 8, 2003) (``Weaver
Information''); United States v. Weaver, Criminal Docket No.
03-337, Plea Agreement at 1-2 (M.D.Pa. filed December 8,
2003) (``Weaver Plea Agreement''); United States v. Weaver,
Judgment (M.D.Pa. filed on March 1, 2005 and entered on
March 4, 2005) (``Weaver Judgment'').
1147 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).
1247 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'').
13Second 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).
14Second Report and Order, 18 FCC Rcd at 9226, ¶ 69; 47
C.F.R. § 54.521(e)(1).
15Second Report and Order, 18 FCC Rcd at 9226, ¶ 70; 47
C.F.R. § 54.521(e)(4).
16Second Report and Order, 18 FCC Rcd at 9226, ¶ 70.
1747 C.F.R. § 54.521(f).
18See Second Report and Order, 18 FCC Rcd at 9226, ¶ 70; 47
C.F.R. §§ 54.521(e)(5), 54.521(f).
19Second Report and Order, 18 FCC Rcd at 9225, ¶ 66.
20 Weaver Judgment at 1; Weaver Plea Agreement at 1-2.
21 Weaver Information 2-3, 6-7; Weaver Plea Agreement at
1-2.
22Second Report and Order, 18 FCC Rcd at 9226, ¶ 70; 47
C.F.R. § 54.521(e)(2)(i).
23``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).
24See Second Report and Order, 18 FCC Rcd at 9226, ¶ 70; 47
C.F.R. §§ 54.521(e)(2(i), 54.521(e)(3).
25Second Report and Order, 18 FCC Rcd at 9227, ¶ 74.
26See id., 18 FCC Rcd at 9226, ¶ 70; 47 C.F.R. §
54.521(e)(5).
27Id. 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).
28Second Report and Order, 18 FCC Rcd at 9225, ¶ 67; 47
C.F.R. §§ 54.521(d), 54.521(g).
29Id.