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fbi_logo_nyreblog_com_.pngTwo U.S. Army Corps of Engineers Employees and Two Others Indicted in $20 Million Bribery and Kickback Scheme Involving Government Contracts

 

Defendants Arrested as Authorities Seize Millions in Assets

 
Four Virginia men, including two longtime employees of the U.S. Army Corps of Engineers, were arrested yesterday on charges stemming from an indictment that accuses them of taking part in a conspiracy involving more than $20 million in bribes and kickback payments and the planned steering of a $780 million government contract to a favored contractor.

The arrests were announced by U.S. Attorney Ronald C. Machen Jr.; James W. McJunkin, Assistant Director in Charge of the FBI's Washington Field Office; Peggy E. Gustafson, Inspector General for the Small Business Administration (SBA); Robert E. Craig, Special Agent in Charge of the Mid-Atlantic Field Office of the Defense Criminal Investigative Service (DCIS); Jeannine A. Hammett, Acting Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation (IRS-CI); and James K. Podolak, Director of the U.S. Army Criminal Investigation Command's (CID) Major Procurement Fraud Unit.

The defendants include Kerry F. Khan, 53, of Alexandria, Va.; his son, Lee A. Khan, 30, of Fairfax, Va.; Michael A. Alexander, 55, of Woodbridge, Va.; and Harold F. Babb, 60, of Sterling, Va. Kerry Khan and Alexander are employed by the U.S. Army Corps of Engineers, and Babb is director of contracts for a company that did business with the government.

All four men were taken into custody on charges contained in an indictment that was returned by a grand jury, under seal, on Sept. 16, 2011, in the U.S. District Court for the District of Columbia. The arrests took place as authorities executed search warrants at seven locations in Virginia and one in the District of Columbia. The indictment was unsealed today.

According to the indictment, Kerry Khan and Alexander helped funnel more than $45 million in payments to a favored company through a federal government contract they oversaw, with plans to steer hundreds of millions more to the business. Approximately $20 million in fraudulent expenses were built into the invoices, and proceeds went to all four defendants.

All four defendants were indicted on one count of conspiracy to commit bribery and wire fraud and aiding and abetting and causing an illlegal act to be done, as well as one count of conspiracy to commit money laundering. Kerry Khan and Alexander also were indicted on one count of receipt of a bribe by a public official, and Babb was indicted on one count of unlawful kickbacks.

If convicted of the charges, Kerry Khan and Alexander face a maximum of 40 years in prison. Babb faces up to 35 years, and Lee Khan faces a sentence of up to 25 years.

The United States has obtained warrants to seize funds in 29 bank accounts and to seize three luxury vehicles and seven high-end watches. In addition, the indictment includes a forfeiture allegation against 16 real properties financed in whole or in part with proceeds of the crimes. The United States has begun the process of securing forfeiture of those 16 properties, which include 14 properties in Virginia, one in West Virginia, and one in Florida.

The indictment also provides the defendants notice that, if convicted, the United States will seek forfeiture of all proceeds of the charged offenses.

"This indictment alleges one of the most brazen corruption schemes in the history of federal contracting," said U.S. Attorney Machen. "As alleged by the indictment, corrupt public officials and crooked contractors devised a plan to funnel more than $20 million in taxpayer funds to themselves in an elaborate scheme of bribes and kickbacks. These charges are only the beginning of a far-reaching, steadfast effort by the U.S. Attorney's Office, the Department of Justice, and our federal law enforcement partners to root out and hold accountable shameless government officials and those who entice them--through bribes and other personal benefits--to violate the public's trust."

"Abusing one's position for personal gain blatantly disregards the oath that every government employee takes and everything that it represents," said Assistant Director in Charge McJunkin. "It's offensive to citizens who trust the government and its contractors to use taxpayer money wisely."

"The alleged actions of these individuals grossly undermine the honest work being done every day by federal employees and government contractors," said Inspector General Gustafson of the SBA. "These individuals conspired to steal from the American people by perpetuating a fraud to siphon vital resources away from an organization that supports our military and reduces risks from disasters. The SBA OIG will relentlessly pursue such violations of public trust and seek justice on behalf of the taxpayers."

"At a time when government and taxpayer resources are being stretched thin and our service members continue to make sacrifices to protect our national security across the globe, it is abhorrent that officials trusted with the oversight of Department of Defense resources and programs blatantly conspired with contractors to defraud the Government and, eventually, the American warfighter," said Special Agent in Charge Craig of DCIS. "The Defense Criminal Investigative Service takes aggressive action to identify and investigate, alongside our federal investigative partners, those that endeavor to take advantage of the Department of Defense and the men and women of the Uniformed Services."

"IRS Criminal Investigation often works jointly with other law enforcement agencies to provide financial investigative expertise. The charges brought in this case demonstrate our collective efforts to enforce the law and ensure public trust," said Acting IRS Special Agent in Charge Hammett. "U.S. government employees hold positions of public trust, and they are responsible for managing public funds. The public has the right to know that those who work for them are doing so honestly. When we discover bribery schemes like the one alleged here, we will do everything in our power to hold both the bribe payer and the person accepting the bribe accountable."

"Today's arrests are a prime example of the teamwork among the special agents of the U.S. Army Criminal Investigation Command's Major Procurement Fraud Unit (MPFU), our fellow federal law enforcement agencies and the Department of Justice attorneys," said Director Podolak. "U.S. Army CID will continue to see to it that anyone suspected of contract fraud and corruption is brought to justice."

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