# **DA 05-1728**

# **VIA CERTIFIED MAIL**

## RETURN RECEIPT REQUESTED

Mr. Qasim Bokhari (a/k/a Syed Qasim Ali Bokhari, a/k/a Kasim Bokhari)

c/o Michael J. Steinle, Esquire

Steinle Law Offices

2600 N Mayfair Rd- Suite 700

Milwaukee, WI 53226

> **Re: Notice of Debarment, File No. EB-04-IH-0388**

Dear Mr. Qasim Bokhari:

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 February 16, 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 February 28, 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 January 28, 2005,
you were convicted of mail fraud and money laundering offenses involving
your participation in the E-Rate program. In connection with the mail
fraud, you admitted to conspiring and carrying out, with
co-conspirators, the following acts: (1) illegally inducing certain
schools to select your consulting company as their E-Rate service
provider by promising school officials that their schools would not have
to pay the undiscounted share of their costs under the E-Rate program;
(2) taking over those schools' role in completing and submitting E-Rate
applications, and causing those schools to enter into unnecessary large
contracts for infrastructure enhancements; (3) submitting materially
false and fraudulent invoices and other documents to the program
claiming that the schools have been billed for their undiscounted share
and that E-Rate goods and services have been provided; and (4) receiving
payment from the E-Rate program for goods and services not rendered.[^6]
In connection with the money laundering offense, you admitted to
conspiring and carrying out, with co-conspirators, an 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.[^7] 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.[^8] 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.[^9] 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."[^10]

Sincerely,

William H. Davenport

> Chief

Investigations and Hearings Division Enforcement Bureau

cc: Carla Stern, Esq., Assistant United States Attorney, U.S. Department
of Justice (E-mail)

Kristy Carroll, Esq., USAC (E-mail)

# 

# February 16, 2005

# **DA 05-422**

# 

# **[VIA CERTIFIED MAIL]{.underline}** 

## [RETURN RECEIPT REQUESTED]{.underline}

Mr. Qasim Bokhari

(a/k/a Syed Qasim Ali Bokhari, a/k/a Kasim Bokhari)

c/o Michael J. Steinle, Esquire

Steinle Law Offices

2600 N Mayfair Rd- Suite 700

Milwaukee, WI 53226

> **Re: Notice of Suspension and of Proposed Debarment,**
>
> **File No. EB-04-IH-0388**

Dear Mr. Qasim 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).[^11] 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.[^12]

I.  **Notice of Suspension**

Pursuant to section 54.521(a)(4) of the Commission's rules,[^13] 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.[^14] Your suspension becomes effective upon
the earlier of your receipt of this letter or publication of notice in
the Federal Register.[^15]

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.[^16] Such requests, however,
will not ordinarily be granted.[^17] The Bureau may reverse or limit the
scope of suspension only upon a finding of extraordinary
circumstances.[^18] Absent extraordinary circumstances, the Bureau will
decide any request for reversal or modification of suspension within 90
days of its receipt of such request.[^19]

II. **Notice of Proposed Debarment**

    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.[^20] As provided by the October 22, 2004 plea agreement upon
which your conviction is based, you pled guilty to mail fraud and money
laundering offenses for activities in connection with your
participation, through your Virginia-based consulting company, in the
E-Rate program with certain schools in Wisconsin and Illinois. In
connection with the mail fraud offenses, you admitted to conspiring and
carrying out, with other co-conspirators, the following acts: (1)
illegally inducing certain Wisconsin and Illinois schools to select your
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
those 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 your consulting company had provided to the
schools.[^21] In connection with the money laundering offenses, you
admitted to conspiring and carrying out, with other co-conspirators, an
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.[^22] These actions constitute the conduct or transactions upon
which this debarment proceeding is based.[^23] 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.[^24]
Therefore, pursuant to section 54.521(a)(4) of the Commission's rules,
your conviction requires the Bureau to commence debarment proceedings
against you.

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.[^25] Absent extraordinary circumstances, the Bureau
will debar you.[^26] 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.[^27] 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.[^28]

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.[^29] The Bureau may, if necessary to protect the
public interest, extend the debarment period.[^30]

Please direct any responses to the following address:

Diana Lee

Federal Communications Commission

Enforcement Bureau

Investigations and Hearings Division

Room 4-C443

445 12^th^ 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]{.underline}.

> 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)

[^1]: *See* 47 C.F.R. §§ 0.111(a)(14), 54.521.

[^2]: Letter from William H. Davenport, Chief, Investigations and
    Hearings Division, Enforcement Bureau, Federal Communications
    Commission, to Qasim Bokhari, Notice of Suspension and Proposed
    Debarment, 20 FCC Rcd 3603 (Inv. & Hearings Div., Enf. Bur. 2005)
    (Attachment 1).

[^3]: 70 Fed. Reg. 9647 (Feb. 28, 2005).

[^4]: *See id*., 20 FCC Rcd at 3603-06.

[^5]: *See* 47 C.F.R. § 54.521(e)(3) and (4). That date occurred no
    later than March 30, 2005. *See supra* note 3.

[^6]: *See* Notice of Suspension, 20 FCC Rcd at 3604-05.

[^7]: *Id*. at 3605.

[^8]: *Id.* at 3605; 47 C.F.R. § 54.521(c).

[^9]: *See* Notice of Suspension, 20 FCC Rcd at 3605.

[^10]: *See* 47 C.F.R. §§ 54.521(a)(1), 54.521(a)(5), 54.521(d); Notice
    of Suspension, 20 FCC Rcd at 3606.

[^11]: *United States v. Bokhari et al*, Case No. 04-CR-0056-RTR, Plea
    Agreement (E.D.WI filed and entered October 22, 2004) ("*Qasim
    Bokhari Plea Agreement*"); *United States v. Qasim Bokhari*, Case
    No. 04-CR-0056-RTR, Judgment (E.D.WI filed January 28, 2005 and
    entered February 3, 2005).

[^12]: 47 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).

[^13]: 47 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*").

[^14]: *Second 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).

[^15]: *Second Report and Order*, 18 FCC Rcd at 9226, ¶ 69; 47 C.F.R. §
    54.521(e)(1).

[^16]: *Second Report and Order*, 18 FCC Rcd at 9226, ¶ 70; 47 C.F.R. §
    54.521(e)(4).

[^17]: *Second Report and Order*, 18 FCC Rcd at 9226, ¶ 70.

[^18]: 47 C.F.R. § 54.521(e)(5).

[^19]: *See Second Report and Order*, 18 FCC Rcd at 9226, ¶ 70; 47
    C.F.R. §§ 54.521(e)(5), 54.521(f).

[^20]: *Second 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).

[^21]: See Qasim Bokhari Plea Agreement at 1-5.

[^22]: See Qasim Bokhari Plea Agreement at 1, 6-9.

[^23]: *Second Report and Order*, 18 FCC Rcd at 9226, ¶ 70; 47 C.F.R. §
    54.521(e)(2)(i).

[^24]: "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).

[^25]: *See Second Report and Order,* 18 FCC Rcd at 9226, ¶ 70; 47
    C.F.R. §§ 54.521(e)(2(i), 54.521(e)(3).

[^26]: *Second Report and Order,* 18 FCC Rcd at 9227, ¶ 74.

[^27]: *See id.,* 18 FCC Rcd at 9226, ¶ 70; 47 C.F.R. § 54.521(e)(5).

[^28]: *Id*. 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).

[^29]: *Second Report and Order*, 18 FCC Rcd at 9225, ¶ 67; 47 C.F.R. §§
    54.521(d), 54.521(g).

[^30]: *Id*.