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September 10, 2012
DA 12-1467
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND EMAIL
Mr. Jonathan M. Slaughter, No. 13660-002
FCI Yazoo City Low
Federal Correctional Institution
P.O. Box 5000
Yazoo City, MS 39194
Re: Notice of Debarment
File No. EB-12-IH-0050
Dear Mr. Slaughter:
The Federal Communications Commission (Commission) hereby notifies you
that, pursuant to Section 54.8 of its rules, you are prohibited from
participating in activities associated with or relating to 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
(Debarment Date).
On May 9, 2012, the Commission's Enforcement Bureau (Bureau) sent you a
Notice of Suspension and Initiation of Debarment Proceeding (Notice of
Suspension) that was published in the Federal Register on May 24, 2012.
The Notice of Suspension suspended you from participating in activities
associated with or relating to the E-Rate program. It also described the
basis for initiating debarment proceedings against you, the applicable
debarment procedures, and the effect of debarment.
As discussed in the Notice of Suspension, on September 29, 2011, you pled
guilty to converting approximately $892,000 in E-Rate checks, payable to
six schools and 14 school districts located in 13 states, to your personal
use while you were the owner and president of E-Rate Consulting Services,
LLC (ECS). Between May 2006 and January 2009, you deposited those E-Rate
funds into your ECS bank account for your personal use instead of
transmitting them to your clients. Pursuant to Section 54.8(c) of the
Commission's rules, your conviction of criminal conduct in connection with
the E-Rate program is the basis for this 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 30 calendar days
from either the date of your receipt of the Notice of Suspension or of its
publication in the Federal Register, whichever date occurred first. The
Commission did not receive any such opposition from you.
For the foregoing reasons, you are debarred from participating in
activities associated with or related to the E-Rate program 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 E-Rate program, or consulting with, assisting, or
advising applicants or service providers regarding the E-Rate program.
Sincerely,
Theresa Z. Cavanaugh,
Chief
Investigations and Hearings Division
Enforcement Bureau
cc: Johnnay Schrieber, Universal Service Administrative Company (via
e-mail)
Rashann Duvall, Universal Service Administrative Company (via e-mail)
Andrew O. Schiff, Assistant United States Attorney, United States
Department of Justice (via e-mail)
Appendix
ECS' CLIENTS STATE TOTAL AMOUNT CONVERTED
Dermott Public School Arkansas $6,809.24
District
Citrus County School Florida $678,288.69
District
Eckerd Halfway House/E-Ku Florida $5,670
Sumee
Hendry County School Florida $39,031.19
District
Kuna Joint School District Idaho $3,523.67
Middleton School District Idaho $4,299.25
#134
The Winchendon School Massachusetts $8,316.00
Northwood Children's Minnesota $24,797.66
Services
Prairie Academy Minnesota $4,673.99
Poplar Bluff School District Missouri $7,672.77
Red Cloud Community School Nebraska $2,254.52
District
SAU 41-Hollis Brookline New Hampshire $1,765.18
Schools
Beaufort County School North Carolina $9,730.00
District
Middle Ohio Education Ohio $23.01
Penns Valley Area School Pennsylvania $10,966.83
District
Bedford County School Tennessee $23,215.94
District
Banquete Independent School Texas $18,655.72
District
Cleburne Independent School Texas $7,231.32
District
Leander Independent School Texas $31,872.31
District
Teague Independent School Texas $3,190.56
District
TOTAL $891,987.85
47 C.F.R. S: 54.8(g); 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, Chief, Investigations and Hearings
Division, Enforcement Bureau, Federal Communications Commission, to
Jonathan M. Slaughter, Notice of Suspension and Initiation of Debarment
Proceeding, 27 FCC Rcd 5091 (Enf. Bur. 2012) (Attachment 1).
77 Fed. Reg. 31010 (May 24, 2012).
United States v. Jonathan Slaughter, Case No. 2:11cr162-MEF-01, Plea
Agreement at 3-5 (M.D. Ala. 2011) (Plea Agreement); see Appendix.
Id. at 4-5.
47 C.F.R. S: 54.8(c).
47 C.F.R. S:S: 54.8 (e)(3), (4). Any opposition had to be filed no later
than June 13, 2012.
Id. S:S: 54.8(e)(5), (g).
Id. S:S: 54.8(a)(1), (5), (d).
Jonathan M. Slaughter
September 10, 2012
Page 2
WASHINGTON, DC 20554
FEDERAL COMMUNICATIONS COMMISSION
Enforcement Bureau
Investigations and Hearings Division