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August 24, 2007
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MAN WHO PARTICIPATED IN FEDERAL E-RATE PROGRAM FRAUD SCHEME PLEADS
GUILTY
Kevin J. O'Connor,
United States Attorney for the District of Connecticut, announced
that THOMAS J. KENNEDY, III, age 49, of Spring Hill, Florida, formerly
of Monroe, Connecticut, waived his right to indictment and pleaded
guilty today before United States Magistrate Judge Donna F. Martinez
in Hartford to federal charges related to his participation in a
scheme to defraud Southwestern Bell Communications ("SBC")
and the Federal Communications Commission ("FCC") in connection
with the E-Rate program.
The federal
E-Rate program provides funding to qualifying school districts nationwide
to upgrade their internet access capabilities. To fund the program,
the FCC mandates that telecommunication companies throughout the
country add surcharges to the bills of their customers, that, after
collected, are forwarded to the FCC. Applications by school districts
are reviewed and awards to school districts are made by Universal
Services Administrative Company ("USAC"), the FCC designated
administrator of the program.
In Connecticut,
the Hartford, New London, New Haven and Bridgeport school districts
received E-Rate funding. Each school district selected SBC/Southern
New England Telephone ("SNET") as the prime contractor
to perform its internet upgrades.
In the years
2001 through 2004, KENNEDY was an account manager for a company
that had a partnership arrangement with SBC in the area of information
technology. KENNEDY and three SBC employees, including SBC account
managers Richard E. Brown and Keith J. Madeiros, decided that engineers
would be hired for certain E-Rate funded school district projects,
the costs for which would be billed first to SBC/SNET, and later
an SBC/SNET subcontractor. KENNEDY arranged for the hiring of engineers,
and also arranged for the billings to SBC/SNET and to the subcontractor
for their services. However, those billings, which SBC/SNET paid
and then invoiced to the FCC, were inflated by approximately $503,000.
That money was split primarily among KENNEDY, Brown and Madeiros,
with KENNEDY receiving $249,525 and Brown and Madeiros receiving
$78,136 and $129,571, respectively.
In addition
to pleading guilty to one count of mail fraud related to this scheme,
KENNEDY also pleaded guilty to one count of subscribing a false
tax return for not reporting the money he received from his share
of the scheme or his 2003 tax return.
KENNEDY is
scheduled to be sentenced by Chief United States District Judge
Robert N. Chatigny on November 8, 2007, at which time KENNEDY faces
a maximum term of imprisonment of 23 years and a fine of up to $350,000.
Brown and Madeiros
each pleaded guilty in February 2007 to charges related to their
involvement in this fraud scheme. They await sentencing.
The case was
investigated by the Federal Bureau of Investigation and the Internal
Revenue Service, Criminal Investigation Division. The case is being
prosecuted by Assistant United States Attorney Calvin B. Kurimai.
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CONTACT: |
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
thomas.carson@usdoj.gov |
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