Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                               September 11, 2009

   DA 09-2029

   VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED

   Andre J. Hornsby

   Inmate No. 39456-037

   FTC Oklahoma

   Federal Transfer Center

   Oklahoma City, Oklahoma 73189

   Re: Notice of Debarment

   File No. EB-09-IH-0408

   Dear Mr. Hornsby:

   Pursuant to section 54.8 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.

   On July 14, 2009, the Enforcement Bureau (the "Bureau") sent you a Notice
   of Suspension and Initiation of Debarment Proceedings (the "Notice of
   Suspension"). That Notice of Suspension was published in the Federal
   Register on July 22, 2009. The Notice of Suspension suspended you from
   participating in activities associated with or relating to 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.

   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. The Commission did not
   receive any such opposition.

   As discussed in the Notice of Suspension, the United States District Court
   for the District of Maryland sentenced you to six years in prison
   following your conviction for federal crimes, including honest services
   wire fraud, witness and evidence tampering, and obstruction of justice, in
   connection with your activities related to the E-Rate program for Prince
   George's County Public School System ("PGCPS"). While employed as Chief
   Executive Officer, Secretary and Treasurer for the Board of Education for
   Prince George's County, you devised and participated in schemes to defraud
   PGCPS for your personal financial gain by steering contracts, making
   materially false representations, destroying records, and otherwise hiding
   your associations to conceal your role in the fraudulent conduct. Such
   conduct constitutes the basis for your debarment, and your conviction
   falls within the categories of causes for debarment under section 54.8(c)
   of the Commission's rules. 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. 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.

   Sincerely,

   Hillary S. DeNigro

   Chief

   Investigations and Hearings Division

   Enforcement Bureau

   cc: Michael R. Pauze, Assistant United States Attorney, Department of
   Justice (via e-mail)

   Kristy Carroll, Esq., Universal Service Administrative Company (via
   e-mail)

                                  Attachment 1

                                 July 14, 2009

   DA 09-1528

   VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED

   AND E-MAIL (robertbonsib@marcusbonsib.com) AND FACSIMILE (301) 441-3003

   Andre J. Hornsby

   c/o Robert C. Bonsib

   Marcus and Bonsib

   6411 Ivy Lane, Suite 116

   Greenbelt, MD 20770

   Re: Notice of Suspension and Initiation of Debarment Proceedings,

   File No. EB-09-IH-0408

   Dear Mr. Hornsby:

   The Federal Communications Commission ("FCC" or "Commission") has received
   notice of your conviction of federal crimes, including honest services
   wire fraud, witness and evidence tampering, and obstruction of justice, in
   connection with your participation in the schools and libraries universal
   service support mechanism ("E-Rate program"). Consequently, pursuant to 47
   C.F.R. S: 54.8, 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.

   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. On November 25,
   2008, the United States District Court for the District of Maryland
   sentenced you to six years in prison, to be followed by three years of
   supervised release, following your conviction on federal crimes, including
   honest services wire fraud, witness and evidence tampering, and
   obstruction of justice, in connection with your activities related to the
   E-Rate program. In addition, you were ordered to pay a $20,000 fine and
   $70,000 in restitution to the Prince George's County Public School System
   ("PGCPS").

   You were employed as Chief Executive Officer, Secretary and Treasurer for
   the Board of Education for Prince Georges County ("Board"). As Chief
   Executive Officer of the Board, you were responsible for overall
   administration of PGCPS from June 2003 until June 2005. Beginning in
   November 2003, you devised schemes to defraud PGCPS for your personal
   financial gain. You directed PGCPS employees to seek proposals from
   outside E-Rate consulting companies for assistance with PGCPS' E-Rate
   applications. Despite late filings and other disqualifications, you
   ultimately steered the bidding process and directed contracts be awarded
   for E-Rate consulting services to Erate Managers, LLC ("Erate Managers"),
   a non-existent company purportedly operated by an individual who had
   worked for you in other school districts ("Former Employee"). You, in
   turn, were to receive more than $100,000 from the Former Employee for your
   role in securing the E-Rate consulting contracts with PGCPS, and accepted
   $1,000 in cash as a down payment. Further, you made materially false
   representations, destroyed records and otherwise hid your associations
   with the Former Employee to conceal your role in the fraudulent conduct at
   issue.

   Pursuant to section 54.8 of the Commission's rules, your conviction on
   criminal offenses arising out of consulting activities associated with or
   related to the schools and libraries support mechanism requires the Bureau
   to suspend you from continuing to participate in any activities associated
   with or related to the schools and libraries support mechanism. Activities
   arising out of or related to the schools and libraries support mechanism
   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 the schools and
   libraries support mechanism.

   Your suspension becomes immediately effective upon the earlier of your
   receipt of this letter or publication of notice in the Federal Register,
   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. Such requests, however, will not
   ordinarily be granted. The Bureau may reverse or limit the scope of
   suspension only upon a finding of extraordinary circumstances. The Bureau
   will decide any request for the reversal or modification of suspension
   within 90 days of its receipt of such request.

   II. Initiation of Debarment Proceedings

   Your conviction for 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 suspension and debarment defined in section 54.8(c) of the
   Commission's rules. Therefore, pursuant to section 54.8 of the
   Commission's rules, your conviction requires the Bureau to commence
   debarment proceedings against you.

   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. Absent extraordinary circumstances,
   the Bureau will debar you. The Bureau will decide any request for reversal
   or limitation of debarment within 90 days of receipt of such request. 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.

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

   Please direct any response, if by messenger or hand delivery, to Marlene
   H. Dortch, Secretary, Federal Communications Commission, 236 Massachusetts
   Avenue, N.E., Suite 110, Washington, D.C. 20002, to the attention of
   Rebekah Bina, Attorney Advisor, Investigations and Hearings Division,
   Enforcement Bureau, Room 4-C330, with a copy to Michele Levy Berlove,
   Acting 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 Rebekah Bina, Attorney Advisor, Investigations and Hearings
   Division, Enforcement Bureau, Federal Communications Commission, 445 12th
   Street, S.W., Room 4-C330, Washington, DC, 20554, with a copy to Michele
   Levy Berlove, Acting Assistant Chief, Investigations and Hearings
   Division, Enforcement Bureau, Federal Communications Commission, 445 12th
   Street, S.W., Room 4-C330, Washington, DC, 20554. You shall also transmit
   a copy of the response via email to Rebekah.Bina@fcc.gov and to
   Michele.Berlove@fcc.gov.

   If you have any questions, please contact Ms. Bina via mail, by telephone
   at (202) 418-7931 or by e-mail at Rebekah.Bina@fcc.gov. If Ms. Bina is
   unavailable, you may contact Ms. Michele Levy Berlove, Acting Assistant
   Chief, Investigations and Hearings Division, by telephone at (202)
   418-1477 and by e-mail at Michele.Berlove@fcc.gov.

   Sincerely yours,

   Hillary S. DeNigro

   Chief

   Investigations and Hearings Division

   Enforcement Bureau

   cc: Michael R. Pauze, Assistant United States Attorney, Department of
   Justice (via e-mail)

   Kristy Carroll, Esq., Universal Service Administrative Company (via
   e-mail)

   47 C.F.R. S: 54.8(g) (2008). See also 47 C.F.R. S: 0.111(a)(14).

   Letter from Hillary S. DeNigro, Chief, Investigations and Hearings
   Division, Enforcement Bureau, Federal Communications Commission, to Mr.
   Andre J. Hornsby, Notice of Suspension and Initiation of Debarment
   Proceedings, 24 FCC Rcd 9093 (Inv. & Hearings Div., Enf. Bur. 2009)
   (Attachment 1)("Notice of Suspension").

   74 Fed. Reg. 36223  (July 22, 2009).

   See Notice of Suspension, 24 FCC Rcd at 9094-96.

   See 47 C.F.R. S: 54.8 (e)(3),(4). That date occurred no later than Aug.
   21, 2009. See supra note 3.

   See Notice of Suspension, 24 FCC Rcd at 9094-95. See also United States v.
   Andre Jose Hornsby, Criminal Docket No. 8:06CR00376-PJM-1, Judgment (D.
   Md. filed and entered Dec. 5, 2008).

   See Notice of Suspension, 24 FCC Rcd at 9094-95. See also United States v.
   Andre Jose Hornsby, Criminal Docket No. 8:06CR00376-PJM-1, Superseding
   Indictment (D. Md filed and entered Apr. 23, 2008).

   47 C.F.R. S: 54.8(c). See also S: 54.8(a)(4),(b)-(e).

   See 47 C.F.R. S: 54.8(e)(5),(g). See also Notice of Suspension, 24 FCC Rcd
   at 9096.

   See 47 C.F.R. S: 54.8(a)(1),(a)(5),(d),(g); Notice of Suspension, 24 FCC
   Rcd at 9096.

   See 18 U.S.C. S:S: 1343, 1346 (honest services wire fraud), 1512(b)
   (attempted evidence tampering), and 1503 (obstruction of Justice). Any
   further reference in this letter to "your conviction" refers to your six
   count conviction. United States v. Andre Jose Hornsby, Criminal Docket No.
   8:06CR00376-PJM-1, Judgment (D. Md. filed and entered Dec. 5, 2008)
   ("Hornsby Judgment"). See also United States v. Andre Jose Hornsby,
   Criminal Docket No. 8:06CR00376-PJM-1, Superseding Indictment (D. Md filed
   and entered Apr. 23, 2008) ("Hornsby Indictment").

   47 C.F.R. S: 54.8 (2008). See also 47 C.F.R. S: 0.111 (delegating to the
   Enforcement Bureau authority to resolve universal service suspension and
   debarment proceedings). The Commission adopted debarment rules for the
   schools and libraries universal service support mechanism in 2003. See
   Schools and Libraries Universal Service Support Mechanism, Second Report
   and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202
   (2003) ("Second Report and Order")  (adopting section 54.521 of the
   Commission's rules to suspend and debar parties from the E-Rate program).
   In 2007, the Commission extended the debarment rules to apply to all of
   the Federal universal service support mechanisms. Comprehensive Review of
   the Universal Service Fund Management, Administration, and Oversight;
   Federal-State Joint Board on Universal Service; Schools and Libraries
   Universal Service Support Mechanism; Lifeline and Link Up; Changes to the
   Board of Directors for the National Exchange Carrier Association, Inc.,
   Report and Order, 22 FCC Rcd 16372, 16410-12 (2007) (Program Management
   Order) (renumbering section 54.521 of the universal service debarment
   rules as section 54.8 and amending subsections (a)(1), (5), (c), (d),
   (e)(2)(i), (3), (e)(4), and (g)).

   Second Report and Order, 18 FCC Rcd at 9225, P: 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. S: 54.8(a)(6).

   Hornsby Judgment at 1-5. See also Hornsby Indictment at 1-21, 24-27,
   29-30. (Discussion of your convictions in this notice is limited to those
   activities related to the E-Rate program).

   Hornsby Judgment at 6-7. PGCPS was one of the 20 largest school districts
   in the nation in 2004, with a budget of more than $1 billion. See
   Department of Justice Press Release (Nov. 25, 2008), available at
   http://baltimore.fbi.gov/dojpressrel/pressrel08/ba112508.htm (DOJ November
   2008 Press Release).

   Hornsby Indictment at 2. See also DOJ November 2008 Press Release at 1.
   The Board was responsible for oversight of PGCPS. See Hornsby Indictment
   at 1. Responsibility for the overall administration of PGCPS was entrusted
   to the Chief Executive Officer, who reported to the Board. See Hornsby
   Indictment at 2.

   Hornsby Indictment at 2.

   Id. at 14-19. See also DOJ November 2008 Press Release at 1.

   Hornsby Indictment at 6, 15.

   Id. at 4-8. You directed PGCPS personnel not to award contracts to the
   company with the highest overall score, and stalled the bidding process
   past the deadline in favor of waiting for a proposal from Erate Managers.
   Hornsby Indictment at 6-7. See also DOJ November 2008 Press Release at
   1-2.

   Hornsby Indictment at 8, 14-15. See also DOJ November 2008 Press Release
   at 1-2.

   Hornsby Indictment at 14-18, 24-27, 29-30. See also DOJ November 2008
   Press Release at 3.

   47 C.F.R. S: 54.8(b)-(e); see also S: 54.8(a)(4).

   47 C.F.R. S: 54.8(a)(1); see also S: 54.8(a)(3).

   47 C.F.R. S: 54.8(a)(7), (e)(1); see also Second Report and Order, 18 FCC
   Rcd at 9226, P: 69.

   47 C.F.R. S: 54.8(e)(4).

   Id.

   Id.

   47 C.F.R. S: 54.8(f); see also Second Report and Order, 18 FCC Rcd at
   9226, P: 70.

   47 C.F.R. S: 54.8(e)(5), (f); see also Second Report and Order, 18 Fcc Rcd
   at 9226, P: 70.

   "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. S: 54.8(c). You were convicted for obstruction of
   justice, attempted evidence tampering for falsification or destruction of
   records, and wire fraud. See supra note 4.

   See 47 C.F.R. S: 54.8(b), (c).

   47 C.F.R. S: 54.8(e)(3), (5); see also Second Report and Order,  18 FCC
   Rcd at 9226, P: 70.

   47 C.F.R. S: 54.8(e)(5); see also Second Report and Order,  18 FCC Rcd at
   9227, P: 74.

   47 C.F.R. S: 54.8(e)(5), (f); see also Second Report and Order,  18 FCC
   Rcd at 9226, P: 70.

   47 C.F.R. S: 54.8(e)(5). 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. S: 54.8(f).

   47 C.F.R. S: 54.8(a)(1), (d), (g); see also Second Report and Order, 18
   FCC Rcd at 9225, P: 67.

   47 C.F.R. S: 54.8(g).

   Mr. Andre J. Hornsby

   September 11, 2009

   Page 2 of 7

                       Federal Communications Commission

                               Enforcement Bureau

                      Investigations and Hearings Division

                       445 12th Street, SW, Suite 4-C330

                             Washington, D.C. 20554

   Mr. Andre J. Hornsby

   July 14, 2009

   Page 7 of 7

                       Federal Communications Commission

                               Enforcement Bureau

                      Investigations and Hearings Division

                       445 12th Street, SW, Suite 4-C330

                             Washington, D.C. 20554