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November 21, 2011
DA 11-1925
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
AND E-MAIL
Mr. Barrett C. White
c/o Mr. H. Thomas Murphy III
H. Thomas Murphy, LLC
1029 Milan Street
New Orleans, LA 70115
Re: Notice of Debarment
File No. EB-11-IH-1075
Dear Mr. White:
The Federal Communications Commission ("Commission") hereby notifies you
that, pursuant to Section 54.8 of its rules, you are prohibited from
participating in the schools and libraries universal service support
mechanism ("E-Rate program") for three years from either the date of your
receipt of this Notice of Debarment, or of its publication in the Federal
Register, whichever is earlier in time ("the Debarment Date").
On July 27, 2011, the Commission's Enforcement Bureau ("Bureau") sent you
a Notice of Suspension and Initiation of Debarment Proceedings ("Notice of
Suspension") that was published in the Federal Register on August 25,
2011. 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 initiating
debarment proceedings against you, the applicable debarment procedures,
and the effect of debarment.
As described in the Notice of Suspension, you were suspended from
participating in activities associated with or relating to the schools and
libraries universal service support mechanism as a result of your
conviction for conspiring with others to defraud and obtain money from the
E-Rate Program by controlling the application, bidding, and implementation
process of the E-Rate program for schools located in four states. As
further described in the Notice of Suspension, you conspired with owners
of Global Network Technologies, Inc. ("GNT") to offer and deliver $28,500
in bribes to school officials in exchange for steering E-Rate contract
work to GNT. In furtherance of your scheme, you accepted fraudulent
billing invoices from a school employee for services never provided by
that employee, and concealed material facts concerning the source of your
payments to school officials. For your role in the fraudulent scheme, you
were sentenced to serve one year and one day in federal prison, followed
by two years of supervised release for conspiring to defraud the E-Rate
program. The court also ordered you to pay a $4,000 criminal fine.
Pursuant to Section 54.8(c) of the Commission's rules, your conviction of
criminal conduct in connection with the E-Rate program serves as a basis
for your debarment.
In accordance with the Commission's debarment rules, you were required to
file with the Commission any opposition to your suspension or its scope,
or to your proposed debarment or its scope, no later than thirty (30)
calendar days from either the date of your receipt of the Notice of
Suspension or of publication of the Notice of Suspension in the Federal
Register, whichever is earlier in time. The Commission did not receive any
such opposition.
For the foregoing reasons, you are debarred for three years from the
Debarment Date. During this debarment period, you are excluded from
participating in any activities associated with or related to the E-Rate
program, 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,
Theresa Z. Cavanaugh
Acting Chief
Investigations and Hearings Division
Enforcement Bureau
cc: Johnnay Schrieber, Universal Service Administrative Company (via
e-mail)
Rashann Duvall, Universal Service Administrative Company (via email)
Juan Rodriguez, Antitrust Division, United States Department of Justice
(via e-mail)
Stephanie Toussaint, Antitrust Division, United States Department of
Justice (via e-mail)
47 C.F.R. S: 54.8(g) (2010). See also 47 C.F.R. S: 0.111 (delegating
authority to the Enforcement Bureau to resolve universal service
suspension and debarment proceedings).
Letter from Theresa Z. Cavanaugh, Acting Chief, Investigations and
Hearings Division, Enforcement Bureau, Federal Communications Commission
to Mr. Barrett C. White, Notice of Suspension and Initiation of Debarment
Proceedings, 26 FCC Rcd 10526 (Inv. & Hearings Div., Enf. Bur. 2011)
(Attachment 1). An Erratum was published on August 9, 2011 (Attachment 2).
76 Fed. Reg. 53127-01 (Aug. 25, 2011).
Notice of Suspension, 26 FCC Rcd at 10527.
United States v. Tyrone D. Pipkin, Criminal Docket No. 11-15 "A", Plea
Agreement (entered Mar. 29, 2011) ("Plea Agreement"). The conspiracy
scheme involved schools in Arkansas, Florida, Illinois and Louisiana.
Notice of Suspension, 26 FCC Rcd at 10527.
Id.
Id.
Notice of Suspension, 26 FCC Rcd at 10527. See also United States v.
Barrett C. White, Criminal Case No. 10-324-L, Factual Basis at 2 (E.D.La.
filed Mar. 3, 2011).
United States v. Barrett C. White, Criminal Docket No. 10-324-L, Judgment
at 5 (E.D.La. filed June 9, 2011).
47 C.F.R. S: 54.8(c).
47 C.F.R. S: 54.8 (e)(3), (4). Any opposition had to be filed no later
than August 30, 2011.
47 C.F.R. S: 54.8(e)(5),(g). See also Notice of Suspension, 26 FCC Rcd at
10527.
47 C.F.R. S: 54.8(a)(1),(5),(d). See also Notice of Suspension, 26 FCC Rcd
at 10527.
Mr. Barrett C. White
November 21, 2011
Page 2 of 3
Federal Communications Commission
Enforcement Bureau
Investigations and Hearings Division
445 12th Street, SW, Suite 4-C330
Washington, D.C. 20554