UNITED STATES DEPARTMENT OF EDUCATION
WASHINGTON, D.C. 20202-
In the Matter of the Proposed Suspension of
Docket No. 96-119-DA-S
By letter of November 12, 1996, the Respondent in the above- captioned matter moved to oppose the Notice of Governmentwide Suspension From Federal Procurement and Nonprocurement Transactions issued on October 11, 1996. Respondent cited that inasmuch as the charges levied in the August 13, 1996, indictment against him were dismissed in exchange for his testimony against the other defendants named in that indictment and his plea to a one count information charging him with obstruction of an audit, in violation of 18 U.S.C. § 1516, that the suspension should be lifted. Counsel for the Notice Debarment and Suspension Official, by letter dated December 20, 1996, opposed this request by Respondent. This opposition noted that the incidents leading to the obstruction conviction arose from his administration of student financial assistance funds as National Director of Financial Aid at Programming and Systems, Inc., that an indictment, alone, is sufficient evidence for a suspension, and that suspension is clearly appropriate in this instance.
After reviewing the submissions and materials related to this matter, I find that the nature of the misconduct cited reflects adversely on the propriety of further federal government dealings with Respondent. Respondent's suspension from participation in federal procurement and nonprocurement transactions is necessary both to avoid the erosion of public confidence in the integrity of governmental programs and to protect federal funds from misuse. Accordingly, I find that the suspension dated October 11, 1996, is hereby SUSTAINED.
Judge Ernest C. Canellos
Deciding Debarment and Suspension Official
January 10, 1997
A copy of the attached was mailed by certified mail on January 10, 1997, to the following:
Mr. Ronald Sundick
8 The Greenway
Roslyn, New York 11576
Ms. Pamela Gault, Esq.
Office of the General Counsel
US Department of Education
600 Independence Avenue, SW
Washington, DC 20202