NCIS FOIA 5720 F07-0028 P 601-700

From:
Sent:

To:

~F/A 18 using Falcon View, PFPS and JMPS? Do you have any presentation material on those prograrns~trying to incorporate them into my pitches to Navair and my p~s to.......,for HTDV. What is your schedule for this week and next .....

"'-'ies, 1305 Makiki St. Suite 70S

LLC

1

IIIIIIIIIIt_P_M_A_~_65_AD __ G.(s_n _

From:

Sent:

To:

Subject:

Thanks

- . . - k.. .

ies, LLC

1305 Makiki St. suite 705

Honolulu, HI 96814-1331 I!lw'aJ.ya~·.l"e~cn . com

Quoting_ PMA-265 ADG(S&T)"~navy.mil>:

> JMPS will be roc next year. We do use Falcon View part of PFPS. People are > sending me briefs. Will forward

>

~

>

> (Mobile)

> 301-342-9184 (Fax)

>

>

>

> From: > Sent:

> To: > Subject: >

>

;~/A 18 using Falcon View, PFPS and JMPS? Do you have any presentation > material on those programs? I am trying to incorporate them into my pitches

>to ~

> Navair and my p~s t'_""1:or HTDV. What is your schedule for this

> week and next. ~

>

> .

~ies'LLC > 1305 Makiki St.

> Suite 705

> Honolulu, HI 96814-1331

> waiyaTech.com

-

. -.

> > > > > > >

cell

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From:

Sent:

To:

Subject:

ech.com}

:27 "MJ,,-;lljtJ AOG(S& T) - Question

~hanks and understand ... er in Na~ion lingo that would be WILCO, ~eans Understand and Will comply . .......,

~es.LLC 1305 Makiki St.

suite 705 lulu, HI

. com

Quoting

265 ADG (S&T) M

.mil>:

>~

> Extract information but. do noe cut and paste. OUr CAPT. would recognize the

> "material.

>

;~

>

> (Mobile)

> 301-342-9184 (Fax)

>

>

> > -----O~iginal Messa e-----

> > From: USNCIV NAVAIR PMA265SJB

> > Sent: ~on a "t, 2004 16:18

> > To: PMA-265 AOG(S&T)

> > Subject: RE: PMA- S&T - Question

> >

> > > «JMPS 1.1 Brief for 0-6s rev2.ppt» > > «Mission Planning Status > (12022003).ppt»

> >

> > > > From: > > Sent: > > To:

> > Subject:

> >

: : lJ!ItIIIIIIIti ck

PMA-265 ADG(S&T) 2004 16:00

IV NAVAIR PMA26SSJB - Question

reminder with regard to our conversation. Thanks.

> >

>

> >

> >

> > (Mobile)

> > 301-342-9184 . (Fax)

> >

> >

> > -----Original > > From: > > Sent: > > To: > > Cc:

USNUNK NAVAIR

2004 11: 52 PMA-265 ADG(S&T); NAVAIR

1

> > Subject: > >

RE: PMA-265 S&T - QUestion

> > > for > with our > have.

> > Thanks, >

would like some background regarding the Mission Planning systems future intergration wI FORCENET. Could you please provide him latest NavMPS brief(s) and assist him with any questions that he may

> > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > >

-----Original Message-----

From: PMA-265 ADG(S&T)

Sent: Monday, August 23, 2004 11:28

To: I USNUNK NAVAIR

Subject: PMA-265 &T - Question

Please call me.

(Mobile) 301-342-9184 (Fax)

2

1--.

From:

Sent:

To:

Subject:

lot' iure how end of the year travel restrictions might impact this but we can slip the travel into the next fiscal year if that resolves the restriction or

funding issues. I currently have PMRF, Makaha Ridge on Kaua! 'S

(Inouye Chief of Staff), Kaneohe Marine Corps Air Station, Hickam, ~1ghtech small businesses on Oahu, Maui High Performance Computing Cente~~ on Maui and Pohakuloa on the big Island as the agenda. Other than~I have not fixed dates until we discuss specific travel times.,.! can rew~cker any of

those except easily, however given sufficient time I can change

ti ........ aas well. I anticipated the trip to be 4 full days and would think you and the Navair team would spend one or two weekends on the Islands. I think this is pretty ambitious and would drop MHPCC if it is too hard. Hope this helps at least a little, .......

Hawaiya TechnologieS, LLC 1305 Makiki St.

Suite 705

Honolulu, HI 96814-1331 iyaTech,com

Quotingilllllllllllllllil

PMA-265 ADG(S&T)·

> I will send~ soon. Right now verbally mentioned

> that we want~l to HI but, he needs to move some items on his

> calendar.

>

> Given the end of year travel restrictions, we need to fix the agenda and get > final buy-in from NAVAIR on Friday 3rd's meeting.

>

>

b1C

(Mobile) > 301-342-9184 (Fax)

>

>

> > -----Original Message----> > From: > > Sent: > > To:

> > Cc:

> > Subject: > >

> > sure do

> > here it is

CIV COMNAVAIRSYSCOMPATUXENTRlVERMD 2004 14:51

PMA-265 ADG(S&T)

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PMA265

Bio

> >

> > > < .. BIO Uncovered. doc»

> > Thank you!

> >

> > vr,

>~

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,

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PMA-265

From:

Sent:

To:

Subject:

7:29 PMA-265 ADG(S& T) "'NrA-;I!H~ S& T - Question

~ apologize profusely but I accidentally deleted the email before I ~ded the two files ... can you please send them again today ... Sorry. ~

> ....... thanks and understand ... or in Navy Ayiation lingo that would he WILCO, > ~means Understand and Will comply.tIIIIIa

>

>

>

>

> Quotingtl"lIlIlIlIlIlIlIt

PMA-265 ADG{S&T)M

............. @navy.mil>:

>

> >

> > -information but, do not cut and paste. Our CAPT. would recognize

> the

> > material.

> >

> >t~ •••

> >

»=

> >

> > > >

> >

> > > -----Original Measage-----

> > > From: USNCIV NAVAIR PMA265SJB

> > > sent: Monday, August 23, 2004 H:18

> > > To: PMA-265 ADG(S&T)

> > > Subj S&T - Question

> > >

> > > > «JMPS 1.1 Brief for 0-6s rev2.ppt» > > «Mission Planning Status > > (12022003).ppt»

> > >

> > > > > > > > > > > > > > > > > >

»~~ ••

> > > Just a

> > >

-----Original Message-----

From: • PMA-265 ADG(S&T)

Sent: Monday, August 23, 2004 16:00

To: USNCIV NAVAIR PMA265SJB

Subject: FW: PMA-265 S&T - Question

reminder with regard to our conversation. Thanks.

~ ~ ~'·PMA·-1III211J615·m··s·2IT

> > >

> > >.????'?11i7.$~D (Mobile) > > > 301-342-9184 (Fax)

> > >

> > >

> > > -----Original Message----> > > From: > > > Sent: Monday,

USNUNK NAVAIR 2004 11: 52

PMA-265 ADG(S&T);4' ••••••• USNCIV NAVAIR PMA265SJB

S&T - Question

(E-mail) ,

> > > To: > > > Cc: > > > Subj

1

> > > > >

> > would like some. background regarding the Mission Planning

> sys

> > for F-18 for future intergration wi FORCENET. Could you please provide him > > with our latest NavMPS brief(s, and assist him with any questions that he

> may

> > have.

> > > Thanks.

> > >t· ......

> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> >
> -----Original Message-----

From: • PMA-265 ADG(S&T,

Sent: Monday. August 23. 2004 11:28

To: ~ USNUNK NAVAIR Subje~ - Question

Please call me.

2

... " ~) ./ .:.;:y

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

INVESTIGATIVE ACTION 14SEP04

CONTROL: 24JUN02-DCWA-0307-4GNA

I/NAVAIRSYSCOM, PATUXENT RIVER, MD/POSSIBLE PROCUREMENT IRREGULARITIES WITH THE DEVELOPMENT OF THE MODULAR COMMAND CENTER (MCe)

INTERVIEW WITH

1. On 14SEP04, Reporting Agent interviewed ............... at the Office of Naval· Research .(ONR), BOQ N.Quin~ Suite 804, Arlington, VA. ~is a Senior Acquisition Specialist for Anteon Corporation and is assigned to the Office of Naval Research

(ONR) . worked directly for the ONR P Manager for the

Modular Command Center (MCC) program, a GS-15

civilian. was interviewed regarding her work for_ and

her knowledge of any procurement/funding irregularities involving

2. worked fo .. from NOV02 until ~as removed from

her ONR MIDPAC responsibilities in DEC03 ........ stated that she was

one of only two employees who remained in place after was

removed from her position and place in

order to "clean up" the situation. According to the other

employee who remained was a government employee for NAVAIR in

Hawaii,

3. _ related that ~as in charge of managing funds from "Congressional plus-up monies,tI specifically Hawaii-related appropriations supported by Senator Daniel K. INOUYE (D-HA) , in the Defense Appropriations bill. further explained the process, stating that Congress sends money to ONR for projects and ONR Code 35 works to make sure it is spent appropriately. _ elaborat_.e.d.o.n.

the programs run under Four programs were managed by W

the Advanced Integrated Radar Electronics and Photonics (AIREP), which was a follow up program to the UHF Electronically Scanned Array (UESA) program; the Mobile Modular Command Center (M2C2) program, which came out of the Tactical Component Network (TCN) program; the

Theater Undersea Warfare Initiative (TUSW) program; and the Maritimes Synthetic Range (MSR) program.

4 .~tated that job under ~onsisted of

programmatic/managerial duties such as answering mail and reviewing

reports. stated that there was also a financial aspect to her

job which involved budgeting work, creating purchase requests and tracking how money is being spent, who it is going to, and making

sure money reaches its destination. said that problems at ONR

under~involved problems with the execution of ~gram money, not with how money was physically processed. .......advised that money went to the right people, but as program manager, .•••• would verbally, or sometimes in emails, tell them to do something else with the money. _advised that _would "redirect her instructions."

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MITHOFllVoTlON'ROM TIll! NlNM. CRlI.II"'-L INW&TlGATI E xhib it ("'II) (J

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IRREGUL

5. _ stated that one of ~primary jobs was to create Purchase Requests (PRs), which are used as funding documents, on the ONR funding computer system, the Integrated Naval Resear:ch Information System' (INRIS). ~had been advised by fellow office employe~s never to do anything without approval, and~

would usually have input from on the development of the PR

documents. Once the PRs were in the system, would then sign

on to the computer and approve them. Occasionally

a NAVAIR employee detailed to ONR, and a.deputy, would

approve them. After the PRs were approved,~o further

involvement in the process of fund distribution. _said that it was somewhat unusual for someone in _ position not to maintain

at least some involvement in the dispersal of funds. "said

under her current supervisor, that when a company calls

back and needs clarification on use of funds, she is allowed to give

it when appropriate, while under she was involved in

processing only. ~said that she was never actually told she could not provide information to contractors, but ....... thought that it was discouraged and that information from _would likely be wrong because ad other ideas about how the money should be used. Once the money made it to the company, ~ would take it from there. ~pointed out that when the money was turned over, it should have been standard working procedure to hire contractors and labs to do aspects of the work, and trust the company's PM, along with a PM from the MeC PM's staff to run the program, but would not trust company PMs or even ONR PMs to do this. that ........ wanted to maintain control of her contracts. stated that _"played loose with funding,." and that money appropriated for certain things would not necessarily be spent on them. _ said_wanted to spend the money her way. _ said the programs were run in a circle, with _ telling different people different things about what was to be done, and then changing her mind again. It was _impression that_ was involved with deal making and game playing with the program managers of various programs once they received funds.

id

6. tIIIIIIwas asked about any irregularities in procedures under 4IIIIIl ........ provided the following as a list of what she ~ered to be irregularities she noted when working for41111111 .......astated that a lot of the ANTEON support people were switched ~to different jobs within 4IIIIIIII office, so each employee

only saw bits and pieces of what was happening in the office, and because of this they remained somewhat unclear of just what was going on in the office as a whole. According to4lllllt the positions of employees in the office were "redefined" on a regular basis.

llllllastated that she was moved around to four (4) different jobs during the time frame she worked for.... and she was ~ insulated from much o~ what was happe~ the office ..........

further stated that _ kept people in her off isolated from

one another and from other~ at ONR, advised that one

of the first instructions ........ received employee was "don't talk to anyone at ONR.II set up her office on a separate floor from other

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A.UTHORIU,TlON FROM THE N,t,VA.L CRlMINAl.INlllanOATM! aERVICE. (!!) 0 q

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SUBJ: I/NAVAIRSYSCOM/PA1u"AlT RIVER, MD/POSSIBLE PROCtJhJtNT


IRREGUL

related thattlllllllused money from the Congressional programs to purchase computers, fax machines and other equipment for her office. In another instance, ~said that resources meant for certain programs went to the Iraqi War instead of the programs, and41111111 had to do some finagling of finances to make up for the losses. Another irregularity pointed out bytllllllwas that""'" had all her contracts done through NAVAIR even though she was an ONR employee, and even though doing so increased the cost of the programs. tlllllltsaid thattllllllwas informed by NAVAIR that for FY04, NAVAIR would still run her contracts, but they wanted twice as much money to do it. According to .............. was willing to pay the money, but wha~took over her job, he pulled the contracts back and had them done through ONR. JIIIIIIIstated that

tlllllltworked with contractors at the Naval Warfare Center Aircraft Division (NAWC-AD 4.5.1) ......... explained that NAVAIR let"""" use their contract office, and she sent them money and they put it in a contract for her.

7.4IIIIIIIsaid that problems arose when .mixed funds from

different programs, and used resources that were bought under one program for separate program. In particular, an investigation conducted by ONR and NAVAIR staff determined that funds were transferred between TCN/MCC and UESA lines of accounting. In order to ensure that the original Congressional intent for the funds was met, the transferred TeN/MCC funds had to be paid back to the UESA line of accounting. tlllllistated that not only was the money mixed between programs, but Research and Development Funds were mixed with Science and Technology Funds as well. Financial meetings were in JAN03 and FEB03 held between _Department and_

........ the Deputy Comptroller at ONR at the time, in order to ~e a payback plan for program funds that were intermixed • .... sent _and~o the meetings, even though_

said~had been involved in the situation and knew much more about what had happened with the funds than either of them did. The goal' of the meetings was to come to an reement between the PMs of

both the payback. were the PMs for UESA

and s the PM for TCN. atedthat _ was

PM for both p at one point, but TeN was taken away from

_ _ thinks the change was due to a fallout between ~ and a program contractor, SOLYPSIS. Enclosure (A), Attachments (a)-

(i) contain documents related to the program funds that were intermixed and the ·payback plan to correct the situation.

B. _ also noted that_got into "security trouble. If IIIIIIIIfsaid that through mismanagement on 4IIIIIIII part the security of the programs under her department were put at risk. Enclosure (A), Attachment (j) contains several emails pertaining to security irregularities, and ....... stated that she might have more emails to provide if requested.

9. _stated that ~ad five (5) Anteon employees working for her the office, and~O) to fifteen (IS) other employees in Hawaii. ~aid the additional employees used to be Research Corporation of the University of Hawaii (RCUH) employees, but in that

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AUTHORlZA110N 'ROM THE NAVAl. ClWlNALItM!ll1OAl1ve SERVICE.

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capacity they were nonprofit, and at the University they could not do Secret work because they did not have a facilities clearance. These employees moved over to PICHTR, a for profit entity that was spun off of RCUH to do technology research. PICHTR became P-TAC, because PICHTR had a non-U.S. citizen on its Board of Directors, and could not receive. a facility security clearance with a foreign citizen on the board. _ said that _needed a company to handle "security stuff," because she wanted to control the programs. _ said that she thought liliiii was creating a government office in HAWAII with support contractors including PICHTR, OCEANIT and ANTEON to handle engineering and security issues so she could do as she pleased without butting heads with ONR.

10. ~said thad a GSA vehicle for ANTEON to support plus -

up programs; ANTEON had a sub agreement with PICHTR who had a sub

agreement with OCEAN IT • said that_ explained this was a

temporary situation, so that ANTEON could teach the contractors how to work with the government and how to respond to Broad Agency Announcements (BAAs) in the future, plus ANTEON had a facility clearance and the other two companies did not.

Il.4IIIIIIIProvided RA with lists of employees that worked for ~~~II~N~A~V~AIR contracting office personnel, and other people with

whom had contact. stated that originally worked

with contracting officer NAVAIR Warfare Center

Aircraft Division (NANC-AD 4.5.1). According to .. _quit

working with her and began working with other individuals at NAWC-AD.

the NAwe-AD division and was

h

the names

worked time reviewed emails when

s out of . ~

41~~~~~aln.d~1:! were all Anteon employees who

as PMs for .at var ous periods. was an

employee originally brought in to handle business/finances, so ~~ould concentrate primarily on programmatic work for

tIIIIIIIt _said her original position

to a support position under the M2C2

program where was revamped by4lllllllt

and .. the wife of

ran the UESA program for in Hawarr, was hired

r a short period. urther stated that when

ook over, he brought in experts to run the various programs

as y saw fit, while retained control of the money and

financial decisions. PM of the

UESA program, carne PM of

USW and

~

12 ....... lProvided a list of contractors that worked under each of

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IRREGUL

...... I&& .. pprograms:

* UESA/AIREP - Northrup Grumman Electronic Systems

based in Baltimore, MD, had contracts with UESA. ~""II"II was the Northrup Grumman Program Manager. When UESA became

AIREP, the program had four contractors, OCEANIT, PACIfIC TECHNOLOGIES, REFERENTIA, and LMORINCON.

* M2C2- There were a lot of companies that responded to the M2C2 work proposals and a lot of politics involved. 4II1II

....... took over for just as the contract was about

to be awarded when as removed. s not know

who received the contract.

* TUSW - LMORINCON (standard contract, ORINCON has been doing contracts for this plus up program for years)

* MSWR - SAIL (follow up onto effort already underway)

13. Finally, _ noted the •• Im is now using her maiden name, IS •• instead of •••

BIOGRAPHICAL INFORMATION

PHONE:

Senior Acquisition

~UinCY

VA

(703$ &

Specialist, ONR, Code 35

POSITION:

SSN:

DOB:

WORK ADDRESS:

St, BeT1, Suite 804, Arlington,

ENCLOSURE(S)

(A)Tab1e listing documents related to the intermixing of program funds and the mismanagement of program security under tllllllVvarious Dates

REPORTED BY:

OFFICE:

~TONDC

FORO PageS

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AUTHORlZI!.T10N FROM 1HI! NAV,r.I, CRlMIN,r.1, I~BTlGAnve IERII1CE.

NAVAL CRIMINAL INVESTIGATIVE SERVICE

DELETED PAGE INFORMATION SHEET

Page(s) _".....;=~:.....l::l___;3;;_..-~(9_J=..L.......:';l.~ _

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withheld entirely at this location. One or more of the following explain this decision:

~eleted under exemption(s)

__ /____; Documents originated with other government agency(ies).

Referred for review and direct response to you.

___ Pages contain information furnished by other government agency(ies). We will advise you of releasability of information following consultation with agency(ies).

,

Comments: _ ____;O=-..:..C..;:..C..:.:\c... __ -.e...-=-_C£~---lo,.;N::.t..l· o..~0:...:::9~~ _~__"£-!i!!2= .... CA..A'""~~Q~try+- __

Co !.q, lOo L-

Deleted pages(s)

No duplication fee for this page

\ ' ,

\

? ~766724 15:18 20040928,) .J;oEMAIL #15150 OUT:DCWAEX~"':) }j'e0236

u.s. NAVAL CRIMINAL INVESTIGATIVE SERVICE

INVESTIGATIVE ACTION 20SEP04

CONTROL: 24JON02-DCWA-0307-4GNA

I/NAVAIRSYSCOM, PATUXENT RIVER, MD/POSSIBLE PROCUREMENT IRREGULARITIES WITH THE DEVELOPMENT OF THE MODULAR COMMAND CENTER (MCC)

RESULTS OF BRIEFING O. S. ATTORNEY'S OFFICE, DISTRICT OF HAWAII

1. On 17Sep04, Reporting Agent (RA) met with Assistant U. S. Attorneys Harry YEE and Michael SEABRIGHT and gave them a verbal briefing on the status of the above-captioned case.

2. YEE and SEABRIGHT stated that they would not be able to determine their interest in the case until the following questions were answered:

<,

a. They wanted more information about the rules of the grant

and how the money could be used. What restrictions, if any, are attached to the grant.

b. Who was responsible for oversight of how the money from the

grant was utilized? Was it or were there

additional individuals who had that responsibility?

c. Who was the actual victim, and how much money did they lose? Who benefited and to what extent?

d. Who from NAVAIR is willing to testify and say what occurred with the grant was improper?

e. Venue. They were concerned where all the involved individuals were presently located and if Washington, DC, would be a better place to pursue the case and then utilize the Department of Justice Fraud section of Washington, DC.

3. RA stated that she would work with the Case Agent and research their concerns and address them during their next meeting. In the meantime, the U. S. Attorney's Office is copying two binders of 'information from this case for RA to assist.

REPORTED BY:

OFFICE: NCISFO Pea!l Harbor, HI

7

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USE ONLY

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~vh;h~f ("'"IQ\

] ',\ .0t

/ )'

/' U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

INVESTIGATIVE ACTION

190CT04

CONTROL: 24JUN02-DCWA-0307-4GNA

I/NAVAIRSYSCOM, PATUXENT RIVER, MD/POSSIBLE PROCUREMENT IRREGULARITIES WITH THE DEVELOPMENT OF THE MODULAR COMMAND CENTER (MCC)

RESPONSE TO AUSA QUESTIONS

1. During July 2003, NCISFO Washington submitted a detailed Investigative Summary report presenting the investigative results for captioned investigation, for consideration by civil and criminal prosecutors at the U.S. Attorney's Office, Hawaii District, Enclosure CA) pertains.

2. On 17SEP04, a meeting was held by NCIS SA Amanda Blair (NCISFO Hawaii) and Assistant U.S. Attorneys Harry YEE (Civil) and Michael SEABRIGHT (Criminal) concerning the status of captioned investigation. The AUSAs advised that they needed information for several questions to further consider the matters of this investigation at their respective office.

3. The following are responses provided to the questions posed by AUSA YEE and AU SA SEABRIGHT:

A. More information about the rUles of the grants, and how the money could be used. What restrictions, if any, are attached to the grants.

RESPONSE:

Copies of both grant· files detailing the grant clauses

and program requirements were provided with the

.July 2003 report, Enclosures (A) (7) and (Al (21) pertain.

\

But this case conberns false Claims submitted by the Res~archCorporation of the University of Hawaii (RCOH/UOH), for payment of Bid and Proposal (B&P) and

related travel costs that were misrepresented as direct

grant labor costs, affecting two U.S. Navy grants during

the 2001-2002 period. The theory of the case is that

RCUH/UOH knowingly submitted false claims for B & P and

related travel costs for............. , and

............ ~~ as direc~ under Navy Grant * N00421-0!-1-0176 and * N00014-01-1-0562.

\P 00J.

Under Federal Acquisition Regulati"on (FAR) 41= 31.205-18, ~ ~ B&P costs for new prospective contracts are allowable as~, ~I~

Indirect Expenses. However such B&P costs are not ~

billable or payable as direct labor. Complete details ~

for the relevant FAR and accounting terms are shown on .~~\- ~

Enclosure (A), page 5. \V

consIstent with

FOR~SEONLY Page 1

the above, during an interview NAVAIR

THIS DOCUMENT IS THE PRQPER~~~:I:! CRIMINAL INYESIIGATM! ~Jv~ CONTl!NTS MAY 8! DlSCLOSIO ONl.V TO PEI\SOp.j8 WHOSE OFFICI.'.!. oun~a REQUIRE ACCESS HERUO. CONTENTS MAV NOT BE DISCLOSED TO THI! PAR"

AUTHORIZATION fROI.I THI! NAVAL CRlMINAl.INVESTlOAm

IRREGUL

(NAWC-AO) Contract Specialist any contract proposal work for charged to a ~&P account, Enclosure (A) (11)

ated that

We are requesting professional audit support for this case in Hawaii from the Defense Contract AUdit Agency (tSCAA). The OCAA auditor (when assigned) should be helpful to AUSA YEE and AUSA SEABRIGHT in understanding the relevant; F1\lt<t!~gulat.ions and accounting matters for this case.

Also, more documentation will be requested from

RCUH for this case. Included will be a request for

any and all records documenting the policy and procedures at RCUH for the accounting of B&P labor Costs during the 2001 - 2002 periods relevant to this case.

J;f. Who was responsible for oversight of how the money from the

~ grants were utilized? Was i· or were there additional individuals who had that responsibility?

RESPONSE:

Administrative oversight by government contracting offices for research grants was acknowledged as being

generally loose by Contract Specialist .

Enclosure (A) (11) pertains.

However, the records for grant * N00421-01-1-0176 reflect that .... and UOH Professor influence and involvement in how the money

utilized to pay for the employment

Please see Enclosure , pages

documentation with Enclosure (A) (21).

b,C

+

,., .... ~: Who is the actual victim, and how much money did they lose?

.. Who benefited and to what extent?

The victim is the u.s. Navy - the Naval Air Systems Command (NAVAIR) and the Office of Naval Research (ONR). The government paid for false direct grant labor that was presented by RCUH/UOH with their grant billings, as having been worked pursuant to the scientific and technical objectives specified for the affected Navy grants (supra).

RESPONSE:

The financial losses for this case will be calculated by the DCAA auditor assigned to the case. The assignment of a OCAA auditor to this case is anticipated shortly.

The beneficiaries are RCUH/UOH. As

FOR ~AL USE ONLY Pager----

for the fraud surfaced for this case highlighted in Enclosure (A), RCUH is

WARNING (,10

THIS DOCUMENT IS WE PROPERTY OF THe NAVAL CRIMINAL IN\lE,STIGATNE SEIWICe CONTENTSIMY BI! DlBCLOBEO ONLY TO PERSONS WHOSE! OFFICIAl. DUllEa REQUIRE Acceas HERETO. CONTENTS MAV NOT BE DiSCI.OSEO TO".. PARTY (a) CONCERNED WITHOUT aPECIFlt:

A\J'IliORlZATION FROM THE NAVAl CRlMINAlII'M!STlOATM! SERVICE.

"'

'24JUN02-DCWA-0307-4GNA ~ !

\'SUBJ: I/NAVAIRSYSC~~\/pJ...J."6tENT RIVER, MD/POSSIBLE )RO(;l1~MENT

.: U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

IRREGUL

the Scientific Research Agency affiliated with the UOH. RCUH!UOH submitted false claims for direct research labor under grant #'s * N00421-01-1-0176 and * N00014-01-1- 0562, that were inflated for the B&P labor and related

travel costs of and •••

Had the proposed NAVAIR contract (t N00421-02- 0-3151) been awarded, RCUH would have further benefited

from the additional government work provided u~tlnane~L-Ttnh71~S----------------------proposed contract.

Enclosure (Al (20) contains copies of fourteen (14l Request for Advance or Reimbursement (Standard Form 270's) submitted by UOH containing the suspected false B&P labor and related travel charges of"II~~"IIII.

""'',,' ". ' and Jnder grant t

N00421-01-1-0176 and ~N00014-01-1-0562.

D. Who from NAVAIR is willing to testify and say what occurred with the grants was improper.

RESPONSE:

It can't be reported with absolute certainty how a witness will testify. However, the following individuals would likely be able to provide testimony supporting a government case that what occurred with the grant charges for ........ t

and was improper:

NAVAIR (NAWC-AD) grant # N00421-01-1-0176:

-=1I1I1I1I1I1I~~(supra), NAWC-AD Contract Specialist

j NAWC-AD Contract/Grants Officer

Office of Naval Research (ONR) grant t N00014-01-1-0562

...... lIt·Office of Counsel, ONR

Grant Officer, ONR Code 252

Concerning the above individuals, please review Enclosures (Al (11), (AI (30), and (AI (33) •

OTHER PRIMARY WITNESS:

_______ Circa January 2001, _had

~s wit about an opportunity with

RCUH. In July 2001, tIIIIIt began working at RCUH for

ONR . _ said his RCUH employment was

funded by a TBMD research grant (fN00421-01-1-0176).

Qidentified UOH Profes as the UOH

officia1 responsible for the grant

~~Bclosed that the grant was used as a vehicle to

~r his work for ."lIt elated that 95% of

FOR ~USE ONLY WARNING

THIS DOCUMENT IS THE PROPERTY OF DtE NAVAL CRIMINAL INVESTIGAm!E SERVICE

Page 3 CONT!NTlI ...... v BE 0IICL08EDOM.Y TO PERSONS WH08I! OFFICf.AI. OUTlEa IU;QUlRI! ACCI!SI HERETO. CONTENTS ...... Y NOT BE Dl8C~OaED TO llIe PAATV(8) CONCERNED WllliOUT 'PSCIPIC AIJlliORIZATlON fROM THI! NAVAl CftIMINAlINIIE'TIOATlVI IIlMCI!.

· ',24JUN02-0CWA-0307-4GNA ) .. J . 3;

/SUBJ: I/NAVAIRSYSCJ/Pi'\lUXENT RIVER, MD/POSSIBL~PROCO)t}MENT

, U.S. NAVAL CRIMINAL INVESTI~~~~.CE

his work was for not grant related. tIIIIIIIIt

never saw or submitted any time sheets to RCUH for his

labor. mentioned that costs for his travel

expenses were significant because he never relocated (from Virginia) to Hawaii. In July 2001, ..........

put a planning package together for _ for a

POI (Pacific Operations Institute) organization based

upon conversations he had with IIIIIIII related

that the POI concept was changed and modified, and during the August - September 2001 period evolved into PRI.

~eported that circa October 2001, he was involved

.~ 5 weeks in p~oject writiri~ for - that

developed into an RCUH proposal under an existing BAA (Broad Agency Announcement) that would facilitate the

development of PRI. did not support the PRI

concept and circa November 2001, he fell out of favor

wi th aid he was instructed by_

subordinate) to transfer his initial

proposal work to whose RCUH employment

was also funded using the same grant ((tN0042l-0l-1- 0176). See Enclosure (A) (36) for complete details for the information from~

IRREGUL

Concerning PRI, it should be recalled that PRI was the division internal to RCUH that was to be established and

headed by retired when the proposed

NAVAIR contract t N0042l-02-D-3151 was awarded.

E. Venue. Where are the involved individuals for this case located? Would not Washington, DC be a better place to pursue the case using the Department of Justice Fraud section of Washington, DC?

RESPONSE:

It is assumed that this question suggests a referral of this matter to the Civil Fraud Division, Main DOJ. It is recommended that any consideration of that be held in abeyance until the DCAA auditor in Hawaii can review the case and calculate a reasonable estimate of the potential damages.

However, concerning a consideration of venue in Hawaii, the following should be noted:

The suspected fraudulent RCUH time sheets and related

travel claims forllllllll.11I1I andtlllllil.

were all approved and processed for grant billings by RCUH/UOH personnel in Hawaii.

The suspected False Claims for this case - the SF 270's (Request for Advance or Reimbursement) were prepared and submitted by RCUH/UOH in/from Hawaii.

Director, Office of Research Services,

WARNING

Page

THIS DgCUMENT IS IltE PRgPERTY Of THE NAVAl CRIMINAL ItMSTlGA'f1VE SERVICE CONmml MAY BE CilCL081D DNl.Y 10 PERIONI WHOII! OFF~AL IlUTIEB AlQUlRE ACCEat 1"':2.~. HERITO. CONTINTU.AY NOT II! 81IClOIE1HO 'IHI! PAllTt(l) CONCERHEDwrrHOUT SPECIFIC .. ~ .. AIJTIfOfUVtT1ON FROM 'IHI! NAVAL CRlMINALINVE,nGATIII! 8EIMCI!.

,?,24JUN02-DCWA-0307-4~NA ')i " ,J)

'SUBJ: I/NAVAIRSYSC~/FhtU~ENT RIVER, MD/POSSIBL~~ROLdReMENT U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

IRREGUL

I

I

UOH is the Certification Officer of record for the suspected false claims under both Navy grants.

The beneficiary from the fraud and potential target of a civil action under the Civil False Claims Act for this case is RCUH/UOH in Hawaii. The primary records needed to support a civil enforcement action for the matters of this investigation, are from RCUH and UOH.

Most of the critical witnesses for future interviews/actions for this case, are located in Hawaii, including:

UOH Professor •••••••

former RCUH Executive Director

.................. ONR Mid-Pacific Branch

~11""""IIII. RCUH official involved with the "Directed Appointments."

~~"~"""_'another person hired at RCUH as a "Directed Appo~ntment" (support staff).

PHD, UOH, the Principal Investigator (PI) for RCUH responsible for the work for ONR grant # N00014-01-1-0562. Both

~nd (briefly) charged direct labor ~,~ ~

to grant t N00014-01-1-0562. D~ "LYI'

............... RCUH Administrative Officer for the RCUH proposals submitted for the proposed NAVAIR contract to RCUH/PRI (contract * N00421-02- D-3151) .

Both affected Navy grants (i N00421-01-1-0176 and t N00014-01-1-0562) were established and funded in the furtherance of Department of Defense program initiatives in Hawaii using Congressional Plus-Up appropriation funding obtained through the office of Senator Daniel INOUYE of Hawaii.

4. Finally, it is requested that AUSA SEABRIGHT look at the criminal statute 18 USC 666 (Theft or Bribery concerning programs receiving Federal Funds) and a possible application to this case. There was a March 2004 federal indictment in Baltimore, MD that appears to have some similarities to this case, Enclosure (B) pertains.

5. The future assignment of an auditor from the Defense Contract Audit Agency (DCAA) is viewed as a positive development for this case. It is respectively requested that AUSA YEE and AUSA SEABRIGHT consider the forgoing, and hold in abeyance any final decisions on this case until the file can be reviewed by the assigned DCAA auditor

tL lfsE ONLY WARNING

ItfIS PQCUMIiNT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE CONlEm8 MAY 8E DlICLOIEO OP>il-YTO PERIONI WHOse OFPICIAL ounc8 RCQUIREACCEal H!RI!TQ, CONTENTS MAY NOT BE DlICLOIEDTO THE PAIITY(I) CONCERNED WITHOUT 8PEClFlC AIJTHOFtIZATION FROM THI! NAVAl. CFtlIolINAL INVESTIGATIve SERVICE,

'. 24JUN02-DCWA-0307-4GNA ", .

';'SUBJ: I/NAVAIRSYSC~~/Ph{b~NT RIVER, MD/POSSIBLE JRot.;JR1MENT


IRREGUL

in Hawaii.

ENCLOSURE

(A) Copy of NCIS iNVESTIGATIVE SUMMARY/21JUL03

(8) Washington Post News Article and related documentation for Maryland Federal Indictment/17MAR04

REPORTED BY:

OFFICE:

NCISFO WASHINGTON DC

TITLE: I/NAVAIRSYSCOM/POSSIBLE PROCUREMENT IRREGULARITIES WITH THE

DEVELOPMENT OF THE MODULAR COMMAND CENTER (MCC)

CCN: 24JUN02-DCWA-0307-4GNA

FOR O~SE ONLY Page 6

WARNING

THIS QQCUMENT IS THE PROPERTY OF THE NAvAL CRIMINAlINllESTlGAI!\!E SEB\lJCE GONTENTS MAY BE DISCLOSED ONlY TO PERIONS WHOSE OFFIcw. ovnES REQUlREJ,CCI!BS tEIl!TO. CONTENTS MAY NOT BE Dl8CLOUO TO TIle PARTY(81 CONCERNED WITHOUT SPEClFlC

",""4Q

AUTHOftlZJ,TlON FROM 11iE NAV~ CRIMINAL INVE811caA.TIV! Gl!lMeE.

TITLE: I/NAVAIRSYSCOM/POSSIBLE PROCUREMENT IRREGULARITIES WITH THE DEVELOPMENT OF THE MODULAR COMMAND CENTER (MCC)


INVESTIGATIVE SUMMARY

. July 21, 2003

I. Title:I/NAVIARSYSYSCOM/POSSIBLE PROCUREMENT IRREGULARITIES WITH THE DEVELOPMENT OF THE MODULAR COMMAND CENTER (MCG) PROGRAM

II. Case Control Number: 24JUN02-DCWA-0307-4GNA

III. Case Agent: .•

NCISFO Washington. DC 1014 N Street SE Building # 200. WNY Washington DC 20374 (202) .... ~

Special Agent, NCISFO Hawaii (808) ._.

V. Brief Case Synopsis:

a GS-15 fundi~he Office of Naval Research (ONR - MIDPAC). is/was th~of the Research Corporation of the University of Hawaii (RCUH).~sed her government position and influence to prepare and submit a

contract award proposal for the RCUH under a Navy Broad Agency Announcement (BAA)

requirement. Per direction from ONR_ RCUH hired fnree professional

staff personnel (at per annum salaries of more than $100.000) who worked with Fenton to complete the RCUH contract proposal. RCUH improperly charged the bid and proposal (B & P) labor and trav~1 costs for the proposed procurement, as direct costs to two U.S. Navy Grants. RCUH through. the University of Hawaii. submitted fraudulent claims for payment of the

B & P labor and related travel costs incurred with the development of the contract proposal.

to the two U.S. Navy grants. The RCUH contract proposal prepared the three

RCUH personnel was devised to provide a

senior management position following his retirement from the U.S. reported

information supporting an account that~n_have maintained a personal and professional relationship for several years, However, a legal or financial relationship between~nd~as not been established. A cost impact for the mischarging of B & P labor and travel to the two U.S. Navy grants, has not been calculated.

VI. Case Backgr~und

This investigation began from a Naval Inspector General (NAVIG) investigation regarding suspected adultery and travel

Until recently. was

ington Navy Yard. During the 2000 - March 2002 period, as

the. . of Task Force 76 (CTF-76). Amphibious Group One, Amphibious Force Seventh Fleet. White Beach.

Okinawa. Japan. Whife at active in the Modular Command Center (MCG) program. MGG

proposes to integrate several mature sensor technologies to enhance Navy command center capabilities. MeG is a

PAGE 1 OF 20

Exhibit (58)

WARNING

CONTENTS MAY SE DISCLOSED ONt. V TO PERSONS WIiOSF. OFFICiAl Dum

HeRETO. CONTeNTS MAY NOT BE DISCLOSED TO THe PARTY(8) CONCERNfEN"T () n . "-

AUTHORIZATION fROM THE NAVAL CRIMli'lAl.lNVeSTIGATl1II! SERVlCI!. l, , ..... T I)) 1] ( .... \

-

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL 1N""'''Tln4 TIVF !'IF.RVICE

, ' " " ~, '~v)

U.S~ NAVAL CRIMINA£JI~ "ZSTIGATIVE SERVICE./ f~

TITLE: I/NAVAIRSYSCOM/POSSIBLE PROCUREMENT IRREGULARITIES WITH THE DEVELOPiMENT

OF THE MODULAR COMMAND CENTER (HCC) CCN: 24JUN02-DCWA-O~07-4GNA

research and development (R&D) program that is being sponsored by the Office of Naval Research (ONR), with contracts awarded through the Naval Air Systems Command (NAVAIRSYSCOM). The ONR Program Manager for MCC is ~

a GS-1S civilian. _"eged relationship wi~was a focus of the NAVIG Inquiry. The

initial focus of this investigation association with an organization identified as the

PacifIC Research Institute (PRI); or Pan Pacific Research Institute qperating in Hawaii. PRI was identified during

the investigation as synonymous with Project Kaj1e1e. was to benefit with employment from this

PRIIProject Kai'e'e association via a proposed NAVAIRcontract to the Research Corporation of the University of Hawaii

•• fu.nded through ONR & an associate fo 'n Okinawa, alleg~ly was hired by

manage MCC in Hawaii circa January 2002. The investigation established that RCUH offered •

••• mployment as the Director of Project Kai'e'e (PRI) for the proposed RCUH contract. However, RCUH withdrew their proposal for the NAVAIR contract prior to award. Inquiries and contract file reviews determined that did not have involvement for the government in the proposed contract to RCUH. A review of a forensic image __"SC office computer surfaced several proposals from potential. Hawaii-based SUbcontractors to RCUH under the proposed NAVAIR contract. Efforts to intervie~or this case through contacts with his civilian attomey were unpfoducHve. The current investigative focus concerns possible false claims issues connected with certain

"directed- RCUH employees who charged 8 & P costs as direct labor to two U.S. Navy grants sponsored andlor funded by ONR.

VII. Relevant Federal Statutes:

Criminal: 18 U.S. Code, Section 286 (Conspiracy to defraud the Government with respect to claims)

Whoever enters into any agreement, combination, or conspiracy to defraud the United States, or any department or agency thereof, by obtaining or aiding to obtain the payment or allowance of any false, fictitious or fraudulent claim, shall be fined under this title or imprisoned not more than ten years, or both.

Civil: 31 U.S. Code, Section 3729 (Civil False Claims Act)

Any person who

(1) knowingly presents, or causes to be presented; to an officer of the United States, a false or fraudulent

claim for payment or approval; ,

(2) knowingly makes, uses, or causes to be made, a false statement to get a false or fraudulent claim paid by the government;

(3) conspires to defraud the Government by getting a false or fraudulent claim paid

VIII. Identity of Possible Suspects

1. __

Alias

Race

-

PAGE 2 OF 20

WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATNE SERVICE ,....tI ./

~TS MAY BE OISClOBEO ONLY TO PSRSONS WHOse OFF~lAl tJUTlES REQUIRE ACCESS ~ V

H£RETO. CONTeNTS MAY NOT BIi! OISCl0S5ft Tn T_ D.&DTVtm " ......... I;!.u.::n ~it,_...". - .. ,_. ....... , ..

us. NAVAL CRIMINA~~)N:" "JTIGATIVE SERVICE ') ,j~

TITLE: I/NAVAIRSYSCOM/POSSIBLE PROCUREMENT IRREGULARITIES WITH THE DEVELOPMENT OF THE MODULAR COMMAND CENTER (NCe)


Sex

-

Date of Birth

•

SSN:

Employment : { ~ m (GS-1S) Office of Naval Research (ONR) Middle Pacific Area

Work Address ONR Technical Division MIDPAC

250 Makalapa Drive "

Pearl Harbor. HI (Note_also works at the ONR office in Arlington, VA)

Telephone

808-4

111'703 __ •

Admissions/Statements & is represented by an attorney specializing in employment and

labor law based in Alexandria, VA. equires personal use immunity from

criminal prosecution before Fenton can be interviewed by NCI~.

Additional Information: Efforts to obtain ,voluntary access to_nancial accounts and information

met with negative results._'eportedly will be relocating to Hawaii in September 2003.

2.

Race: ~

Sex: .....

Date of Birth:

SSN:

Recent Emplo~ment:

Washington, DC

Telephone: 703 ___

Address:

(Note: May be relocating to Hawaii)

PAGE 3 OF 20

WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAl.. CRIMINAL INVESTIGATIVE SERVICE CONT~NTS w,Y 81;; D'SCl.OS~O OHLY TO PERSONS WHOSI;; OFFICIAL DUnES REQU'''' ACCESS HeRalO, CONTeNTS MAY NOT III! DISClOUD TO THE PARTY!') CONCERNED IoIImfOU1' SPECIFIC

, "1tnM"t •• .,. .. ~ '-11 ......... 'I'Ue"I.a.UiLl ... ""' ...... u ........ __ .-._ •• -- .......... ~--

U.S~ NAVAL CRIMINi·- IIr .PTIGATIVE SERVICE -j {)

TITLE: I/NAVAIRSYSCOM/POSSIBLE PROCUREMENT IRREGULARITIES WITH THE DEVELOPMENT OF THE MODULAR COMMAND CENTER (NCC)

CCN: 24JUN02-Dcw.A-0307-4GNA

Admissions/Statements: represented b~an Alexandria, VA, based

civilian attorney specializing in Military law. Efforts to interview.._'r this investigation through _ met with negative results.

3. Research Corporation of the University of Hawaii (RCUH)

Address:

2800 Woodlawn Drive, Suite 200 Honolulu,-JHl96622

Phone:

808-988-8300

Business:

Scientific Research Agency affiliated with the University of Hawaii (UH)

Chief Executive:

this position 30 Ju-ne 2003)

. News accounts reflect tha~signed from

4.

Race:

-

Sex:

_..

Date of Birth:

SSN:

Recent Employment: Former , Mine and Undersea Warfare

College of Engineering (UH)

Research Corporation of the University of Hawaii

Telephone:

Unknown

Address:

rrent Autotrack listing)

Admissions/Statements: Several attempts have been made to conduct a voluntary interview with

. 18 concerning investigative issues, with negative results.

PAGE 4 OF 20 _

WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTlGA riVE SERVICE CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WIlOIJE OFFICIAL DUTIES REQIJIRE ",CCESS ;Q "L. HERETO. CONTENTS MA., NOT Be DISCLOSED TO THE PAATV(S) CONceRNED WlTHOIJT SPECIPIC 1";0-::7

. ",UTHDRllATION FROI41l-iE W.VAL CRIMINAL INWSTIOATM! SEfMCE. '0

U.S~ NAVAL CRIMINA··)Il\ .. ~)IGATIVE SERVICE'.J '0



IX. Relevant Terms And Regulations:

Bid and Proposal (8 & P) Costs: B & P costs are costs associated with propos.al development activities. B & P costs are defined as the efforts associated with generation of the proposal by a contractor. Generally, B & P costs are allowable as indirect expenses to the extent that those costs are allocable, reasonable, and not otherwise unallowable by law under the Federal Acquisition-Regulation (FAR). See FAR-31.205·18 .

. f.

Indirect Costs: Indirect costs are costs not directly identified with a single, final cost objective. Indirect costs are not billable or payable at the same rate as direct costs.

Direct Costs: Direct costs are costs that can be identified speCifically with a particular final cost objective. Examples are direct labor, travel and material costs.

Office of Management and Budget (OMB) Circular A-21: This circular specifies the "Principles for Determining Costs Applicable to Grants, Contracts, and Other Agreements with Educationallnstitutions.~ These· cost principles have the power of fecferallaw, Enclosure (22) pertains.

X. DeSCription of Relevant Programs:

1) Modular Command Center (MCC):

MCC program is a new data gathering and processing system being tested by the Navy. One of the test sites is the Amphibious Force U.S. SEVENTH Fleet. MCG is an expeditionary network.centric command and control effort that proposes to integrate several mature sensor technologies to enhance Navy Command Center capabilities. MCC is sponsored by ONR, with contracts awarded through NAVAIR

2) Tactical Component Network (TeN):

TCN is a software based tactical communications program that networks diverse sensor systems for maximum contributions to enhance sharing of radar data. TCN is a product of theSolipsys Corporation, Laurel, MD. The TCN (software) has been described as the backbone of MCG (hardware). TCN is being developed for its potential as an improvement to the exisfing CEC program. The contractor considers TCN and MCC to be one and the same.

3) Cooperative. Engagement Capability (CEC):

CEC was designed during the Soviet era by the Raytheon Company. GEC is a wireless network of ship and aircraft sensor systems designed to provide the capability for a warship to cooperatively engage targets by using data from other CEC-equipped ships, aircraft, and land-based sensors.

PAGE50F20 .

WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE (..84 CONTENTS MAY 8E DlSCl.OSED DN~Y TO PERSONS wtlOSE QFFICrALOUTIES REQUIRE ACCESS

HERETO. CONTEtfTS MAY NOT BE D!SC~08fD TO THE PARTY(S) CONCERNED WITHOUT SPECIFIC

AUTHClRIZATlON FROM THe NAVAL CRIMINAL INVESTIGATM! eRVICE.


CCN: 24JUN02-DCNA-0307-4GNA

4) UHF Electronic Scanning Array (UESA):

The UESA radar array at the Pacific Missile Range Facility (PMR~) mountain top facility is part of a multi-sensing testing and integration system. UESA provides for enhancement of the Navy's surveillance needs and expands radar sensor technology opportunities. UESA is an exploratory development program sponsored by ONR.

XI. Primary Records: _

"

.. -

1) NAVAIR BAA (Broad Agency Announcement) Solicitation # 01-R-0176,'available from the Internet. This R&D solicitation for SENSOR INTEGRATION AND COMMUNICATION TECHNOLOGIES was issued via the Commerce Business Daily (CBD) on 23FEB01, Enclosure (1) pertains.

2) RCUH ·PROJECT KAI'E'E" BAA, Enclosure (2) pertains. This BAA was for SENSORS, COMMUNICATIONS AND INFORMATION SYSTEMS (SENCIS) INTEGRATION TECHNOLOGIES. The text for this BAA reflects that the solicitation was issued by the Pacific Research Institute (PROJECT KAI'E'E) for RCUH. A 1tMay 2002 deadline is given for proposal abstracts submitted.

3) Two enonymous complaints (Enclosures (3) and (4) reporting allegations abou_identifying BAA solicitation

# N00421-01-R-0176 as suspect. Reported that: ,'- ,

- Upon contract award, RCUH would "stand up" PRI to manage the work requirements;

- -..vas hand selected by the sponsor to head a new organization (PRI) within RCUH;

- 90% of the RCUH proposal submitted for the BAA appears to have come from the Program Sponsor _

not RCUH;

_.Iroccontrols RCUH and who they hire.

XII. Primary Investigative Actions:

1) Analysis of RCUH records received August 2002, Enclosure (5) details:

~as provided an annual salary of $105;000 plus relocation assistance; - A February 2002 email reflects that RCUH employee~nd also hired as -Directed ApPoil1tments·;

were

~ Forty-seven abstract proposals were submitted to RCUH for BM 'PROJECT KAI'E'E;

- RCUH issued a June 2002 letter

PROJECT KAI'E'E Executive Director at an annual salary of $21

confirm an offer of employment as the

PAGE60F20 '

WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMiNAl INVESTIGATIVE SERVICE CONTENTS MAY liE DISCLOSED ONI.Y TO PERSONS WHOSE OFfiCIAL DUTIES REQUIRE ACCESS

HERETO, CONTENTS MAY NOT BE DISCLOSED TO THE PARTY[S) cONCERNED WITHOUT SPI!CIFIC

, AUTHORIZATION FROM THE NAVAL CRIMINAL INveSTIGATIVE SERVICE.

~

us, NA VAL CRIMIN1.':-·)n\ jt~TIGATIVE SERVICE - 'J

TITLE: I/NAv.AIRSYSCOM/POSSIBLE PROCUREMENT IRREGULARITIES WITH THE DEVELOPMENT OF THE MODULAR COMMAND CENTER- (NCC)


2) Review of proposed NAVAIRINAWCAD contract award # N00421-02-D-3150 (02-0-3151) to RCUH: - The January 2002 RCUH proposal identified PRI as a division of RCUH;

- There were no documents in the contract file reflecting involvement by

the contract;

- The RCUH proposal contained significant detailed technical information concerning MCC;

• " .

- File contained emails from his knowledge of PRJ and involvement with RCUH's Cost

Proposal submissions;

Further details for the results of the revi.ew are provided in Enclosure (6).

3) Receipt/Review of Office of Naval Research Grant # 01-1-0562 (Obtained 26 August 2002):

The review identified~s the ONR Program Officer and Technical Representative for the However,

£ LNas not identified in the ONR grant f~e documentation. were identified as

the NAVAIR lead investigators for ONR grant # 01-1-0562, identified as a project for "CEC Antenna Miniaturization/UESA Switch Module Development," Enclosure (7) details.

4) Review of forensic image of hard drive to government (MSC) office computer of ~26 - 29 August 2002):

- A number of proposals submitted by small businesses competing for projects under the RCUH issued BAA (PROJECT'KAIIE'E) were discovered. Several of the proposals were dated 17 May 2002, the RCUH deadline for submission.of proposals in response to their BAA.

- The reports contain proposallbusiness infonnation marked as Proprietary~ Included among these were proposals

submitted bY'North Star Scientific (NSS) to RCUH b~n~ .

- Also discovered were several July 2002 emails between planned funding for PROJECT KAIIEIE:

Additional details for the review are provided in Enclosure (8).

5) Receipt/Review o'_mail documentation fro~NR Office of Counsel:

The email records pertain correspondence ~etween the records are as follows:

'from certain programs under her control. The documents are email .Highlights for the information in

PAGE70F20 .

WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE 1_ a/-

CONreHTS MAY 81! DlSCl-OSED ON!. Y TD PaRSONS WHOse OFFICIAl. DUTIes REQUIRE ACCESS "'CJ~

HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTYIS) c6NcI!RNeD Wl1HO\IT speCIFIC

. AlITHORllATION FROM THE NAVAL CRIMINAL INVESTIGATive SERVICE.

us. NAVAL CRIMINA·)N ~~IGATIVE SERVICE - .'J

TITLE: I/NAVAIRSYSCOM/POSSIBLE PROCUREMENT IRREGULARITIES WITH THE DEVELOPMENT O~ THE MODULAR COMMAND CENTER (MCC)


- Stated that she has no intentions of leaving the government for RCUH employment;

- The RCUH issue concerns her personal friendship with .-.rounder.of NSS, a proposed subcontractor to RCUH;

- Stated her recusal from RCUH is now unnecessary because RCUH withdrew their contract proposal submitted for the NAVAIR BAA;

, .'

- Said there is no financial interest or benefit to her from her friendship with ~f NSS;

- Stated the letter to hir~as connected with RCUH's wish to ensure that the sponsoring agency

supported their selection of employees;

- Contended she did not know that it was improper to initiate a "directed hirew letter, acknowledging that this was done for one RCUH employee;

- Contended that she has no financial interest or benefit from her professional relationship with RCUH.

More details are provided in Enclosure (9).

6) Review of the forensic image of the ONR government computer assigned to ... Several documents of relevance were noted:

- Position description for Executive Director, Project KAI'E'E;

- A document entitled "RCUH BAA Review," showing thaI may have provided recommendations to RCUH

for proposals submitted in response to their BM solicitation, including apparent submissions by NSS.

More details are provided in Enclosure (10).

7) Meeting with, NAVAIR Contract Specialist~6 March 2003):

_provided copies of NAVAIR Grant'# N00421-01-1-0176 for the investigation. During the investigation,

RCUH employees ~nd identified as charging suspect labor and travel to

Grant # 0.1-1-0176. both identified with involvement with development of the RCUH

contract proposal. During the meeting, the matter o~harging to this grant

became known during the development of the proposed contract to RCUH. However. ~aid ~ had given her the impression tha~as charging only a portion of this time to this grant. _-said that any Contract proposal work for RCUH should have been charged to an Overhead or B&P (Bid and

Proposal) account. - .

blC,

PAGE 8 OF 20 .

WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE

CONTENTS MAY BE DISCLOSED ONLY TD PERSONS WHOS! OFACIAL DUTIES REQUIRE "'CCESS 1_ 0 1-

HeRETO. CONTENTS Ml\Y NOT BE DISCLOSED TO 1liE PAATY(S) CONCERNED W1TliOUT SPECIFlC "'"

. "'UTHORllAT'ON FROM THe NAV"L CRIMINI\L INVeSTIGATIVE SERVICE.

u .s, NA VAL CRIMINA ~N' . .J 3:IGATIVE SERVICE "j ;\.)



. .

Concerning NAVAIR Grant # N00421-01-1-0176. Wainwright indicated that this was funded with "pork" or congressional plus-up funding obtained. through ONR. ~cknowledged that this and other similar grants are very loosely administered. ~xplained that there are no deliverabl~s or status reports required from the University of Hawaii to document the results of this government sponsored research. However._ mentioned that the University of Hawaii to supposed to publish Significant results of the research, if developed. More details for the meeting with ~re provided in Enclosure (11).

8) Review of RCUH Personnel File for-=ebruary 2003):

The RCUH personnel file for~as obtained in connection with interviews (Infra) completed with him for this investigation. ~id that the Navy grant that 'he was hired under at RCUH involved TMBD (Theater Ballistic Missile Defense) matters. However~isclosed that he did little grant work, with 95% of his RCUH work being related to Modular Command Center program matters under the direction 0_

Highlights of the RCUH personnel file documentation for~re as follows:

- Position Title: Tactical Combat Control Project Manager (RCUH Project Code # 657764)

- Hired 20 July 2001 at an Annual Salary rate of $125,647

- Professo~ University of Hawaii, listed as the PI (Principal Investigator) and~mediate

supervisor.

- 27 December 2001 internal RCUH email identifie_s one of the direct appointments that _was involved in.

- Terminated 25 January 2002. Internal RCUH email reflects that sponsor agency (ONR) was not satisfied with

-

More details for the review of~CUH Personnel file are provided in Enclosure (12). 9) Review of RCUH Time Sheets fo~

.. A review of the 2001 RCUH time sheet records for~flects that_harged 100% of his labor to Project 657764 (NAVAIR Grant # 01-1-0176) during the July· 27 December 2001 period;

.. The time sheets are not signed for certification b~r the PI

.. Further details are provided in Enclosure (13).

PAGE90F20

WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE , _-0

CotITENTSM.AY aI; OISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRe .... ccess ",15 D

HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PAATY(9) CONCERNED WITHOUT SPECifIC

..... UTHMIZATiON FROM THE NAVAl. CFUMINAL INVESTiGATIVl! SERI/ICE.

U.S~ N;\. VAL CRIMINA(lM" 'rIGATIVE SERVICE ( , t., "t,,!Y


CCN: ~4JON02-DCWA-0307-4GNA

10) Review of RCUH Travel Records for --.

. ,

A review of the 2001 RCUH travel records fo~hows significant travel by~uring the'JulyDecember 2001 period charged to Project 657764 (NAVAIR Grant # 01-1-0176), Enclosure (14) details .

•

11) Review of RCUH Personnel File

- .

Highlights of the RCUH personnel file documentation fo~re as follows:

- 26 September 2001 hire lelter to_

- Offered employment as an Electrical Engineer LoI.· .. UU per year

and~ere info copied

- Job Description - UESA Electrical Engineer

Reports to PI~rofessor, University of Hawaii, and

- RCUH Intemal Email

- Subject of email is Directed Appointments for ONRJNAVAIR ~ Apparently concem~n~ (mentioned)

, - Contends that RCUH needs to do something to show that RCUH is being "directed" to hire a person. Notes the exemption from recruitment requirement.

- Recommends a memo format

- 11 September 2001 Email ftom~ . b ~ c

- Copied to_

- Subject: Additional personnel to support ONRINAVA1R

- Requested to ."tv, ..... ;t to support activities in Kauai

- Said their funding would be provided in the contract was being put in place with RCUH, but until

then, they will be funded with grant funds already at UH

-, Expressed his understanding that these would be classified as ~directed" employees and as such RCUH would not have to use normal posting of these positions

- Requested $50 K to be moved to RCUH from UH to cover the cost of these personnel

11September 2001 email from

- Subje~t: Directed Appointment

- Clarrifi~eference of "designated employee" to the RCUH official term of 'Directed

PAGI:;:: I)OF 20

WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE CONTENTS MAY BE DlSCLOSEIl ONI. Y TO PERSONS WHOse OFFICIAl.IlUTIES REQUIRE ACCESS HERETO, CONTENTS MAY NOT BE DISCLOseO TO THE PIIATYIS) CONCERNEO WITHOUT speCiFiC AVTHORI~TlON FROM THe NAVAL CRIMINAl. INVESTIGATIVE SERVICE.

us. NAVAL CRIMINA(' :N{\~.:rrIGATIVE SERVICE C_' (,,'OJ

TITLE: I!NAVAIRSYSCOM!POSSIBLE PROCUREMENT IRREGULARITIES WITH THE DEVELOPMENT OF THE MODULAR COMMAND CENTER (MCC)


Appointment. •

- HighHghted that RCUH was literally being told ,by a sponsor to hire a person

RCUH Hiring Document for ~ - Appointment Date: 10/29/01

- RCUH Project # 657764 (100%)

- Base Pay Rate: $125,400 annually

- Position Title: UESA Electrical Engineer

- Reflects that this is a Directed ll.nn,"lInr"non,

- Approving official was

Email from RCUHts _ .... (RCUH Human Resource Manager) to __

- Identified the following as Directed Appointments on the shown dates: (9/22)'

(10/29)

(12119)

More details for the review O~CUH Personnel file are provided in Enclosur_e (15). 12) Review of RCUH Time sheets fo_

... A review of the RCUH time sheet records for~flects tha_'charged 100% of his labor to Project 657764 (NAVAIR Grant # 01-1-0176) during the November 2001 - September 2002 period.

... The time sheets are not signed for certification b~r the PI ... Further details are provided in Enclosure (16).

13) Review/Analysis of RCUH Travel Records __

A review of the RCUH travel records fo~identified several significant business trips by __ during the 2001- 2002 period charged to Project 657764 (NAVAIR Grant # 01-1-0176), Enclosure (17) details.

14) Review of the RCUH personnel file for

Highlights of the RCUH personnel file documentation fo., •• are as follows:

hired as a ·directed employee- at RCUH from a 20 December 2001 letter request by _ VAIR 4.ST at ONR MIDPAC);

PAGE 11 OF 20 '

WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATNE SERVICE CONTENTS MAY BE OISC~OlIEO OM. Y TO PeRSONS VIIHOSE OFFICIAL DImES REQUIRE ACCESS HERETD_ CONTENTS MAY NOT BE DISClOSEO TO THe PARTY(S) CONCERNED WITHOUT SPECIFIC AUTHClAIZATlDN FROM THE NAVAl. CRI"'INAl.INV1!STla,.l,T1~ SERVICE,


CCN: 24JUN02-Dcw.A-0307-4GNA

- An existing grant with the UH funded_nitial employment, with future funding to be provided by the

pending NAVAIR contract; .

~as provided an annual salary of $105,000 plus relocation assistance;

•

-~as identified as a Program Manager for the CEC Antenna Miniaturization/UESA TIR Switch Module oeveJOpment Project;

- Further details for the review are provided in Enclosure (18). 15) Review/Analysi~ of RCUH payroll records fo~

A review of the RCUH payroll records for Iwaniec showed that during the December 2001 - July 2002 period, all labor b~as identified with RCUH Project # 65738 (ONR Grant # 01-1-0562), Enclosure (19) details.

16) Review of Invoices to ONR for the work/services under Navy Grant#ls N00421-01-1-0176 and N00014-01-1-0562

charged by ring the 2001 - 2002 period:

II> Records provided by RCUH;

II> Standard Form (SF) 270 (Requ~st for Advance or Reimbursement) used to submit claims (mostly monthly) for reimbursement of grant costs;

II> SF 270 claims for reimbursement certified

Director, Office of Research Services. UH;

II> SF 270 claims provided do not provide detail listing of labor charges by employee.

Complete copies of the SF 270 claims for reimbursement are provided in ~nclosure (20).

17) Review/Analysis of NAVAIr:t'NAWC Grant # N00421-01-1-0176 (01-1-0176) (July 2003):

During the review. the following was noted of significance to this investigation:

II> Grant # 01-1.0176 was awarded in response to a 1 July 2001 proposal from PI titled "Theater-

Wide Collaborative Tracking: Study of Integration of Optical Sensors for Theater-Wide Sensor Networking."

II> Proposal budget lists a Research Assistant with a salary of $125,647; and a Graduate Research Assistant with a salary at $16,174.

II> Documentation reflects that grant # 01-1-0176 is subject to applicable laws and regulations, including OMS Circular # A-21 ~Cost Principals for Educationallnstitutions."

II> Modification # P00002. Via this modification, funding was increased by $236,000 for a total grant value of

PAGE 12 OF 20.

WARNING

THIS DQCUMENT IS THE PROPERTY OF THE NAV/lJ- CRIMINAl INVESTIGATIVE SERVICE CONTENT'MAY BE DISCLOSEDONL Y TO PEASONS WHOse OFFICIAL DUTIES REQUIRe Access HERI!TO. C~TS MAY NOT aI! DlsCLoseo TO THE PARTY(S) CONCERNEO 'IVITHOUT SPECIFIC ,l,UTIIORIZATION fROt.! THE NAVAL CRIMINIoI. INVESnQ,lt,TIVS SERVIce.

TITLE: I/NAVAIRSYSCOM/POSSIBLE PROCUREMENT IRREGULARITI·ES WITH THE DEVELOPMENT OF THE MODULAR COMMAND CENTER (MCC)


$545,862. AttacMd proposal reflects the amendment was submitted to extend the breath of study for fheaterwide tracking. Modification proposal reflects that the increased scope will require an additional specialist and

administrative support. .

... May 2002 correspondence expansion of the grant (P00002) was

H Research Director, noted that in January 2002, the upon input from ONR Program Manager_

... Modification # POOa05, inyreasad grant funding by $100,000, fora total grant value of $645,862. Several related emails were noted:·

• 12JUN02 email fro~o P'_ requesting submission of a letter for $100k to ''finish up the research,· to ·cover- the outstanding bills.

• 17 JUN02 email and proposal amendment from P~ Email advises that to ~keep ~d __ employed, a letter of intent is needed for approval of grant # 01-1..0176 to be funded $100k for theJliry 02 - May 03 period.

~mendment proposal reflects that the additional funds are needed to continue the

employment o~nd as senior grant personnel.

Complete details for the review of Navy grant # N00421·01-1·0176 are provided in Enclosure (21).

For references purposes, an outline of the essential elements of OMS Circular A-21 applicable to university grant accounting procedures is provided as Enclosure (22).

18) On 11 October 2002, the FlnCEN (FinanCial Crir:nes Enforcement Network) report for~

obtained for this investigation was reviewed. The review noted that I Is the owner of a Lusby, MD property with a market value of about $347,000, Enclosure (23) pertains.

19) On 18 October 2002, the FinCEN report for~as reviewed. The FinCEN queries surfaced records for qPacific Research Institute- businesses in California, Oregon, and Pennsylvania. However, an association of those businesses wit~as not established, Enclosure (24) pertains.

XIII. Witness Interviews:

1. RCUH

Honolulu, HI (Note: ~s initially intelViewed as a witness)

~as Interviewed 7 August 2002. ~eported that PRI was developed to consolidate U.S. Navy contracts wilfJin RCUH. According t~the establishment of PRJ is/was dependent upon the approval of a pending NAVAIR contract award (B~6). ~nfirmed that he sen~· draft

employment proposal letter in June 2002. See En~losure (25) for more details. ..

PAGE 13 OF 20

WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE

CONTENTS MAY 8.f. DISClOSED ONLY TD PERSONS WHOSE OFFICIAl. DUTI£S REQUIRE; ACCESS I ~ :l

tt£RE1'0. CONTENTS MAY NOT 6E DISCLOSED TO THE PARTY(S) CONCERNED WITHOUT Sl'ECIFIC ~

AIJTHORlZATION FROlollliE NAVAl. CRIMINAL INVESllGATIVE SERVICE.

U.S~ NAVAL CRIMINA" IN "JTIGATIVE SERVICE . ')

}

.

.


CCN; 24JUN02-DCWA-0307-4GNA

U.S. Seventh Fleet, Commander Task Force Seven-Six (CTF-76)

3.

~as intelViewed August 9, 2002. ~aid that NAVAIR BAA # 01-R-0176 was an open solicitation for e.XPloratiOn of new sensor and communication technologies that ~nsored by ONR and the Defense Advanced Research Projects Agency (DARPA). According t_ ~roposed contract award to RCUH is the last contract to be awarded under BAA # 01-R-0176. _

as the primary RCUH person involved with the initial RCUH proposal submitted

in November 2001. a view that it was not appropriate for RCUH to issue

their own BAA (Enclosure (2) pertains) in connection with NAVAIR BAA#01-R-0176.~sserted tha~id not have involvement in the proposed contract award to RCUH. and said that

~id not have a role in evaluating.the RCUH proposal submissions. confirmed that PRI

was in the original RCUH proposal for 8AA # 01-R-0176. a call

on 8 August 2002 from RCUH to delete PRI from the

RCUH proposal. of involvement PRI._said

he was uncertain a personal relationship. Further details for the

interview wjt~re in Enclosure (27).

4.

ONR. Mid·Pacific Branch.

-.vas interviewed August 16, 2002. Intergovernmental Personnel Act (IPA) em[)loVEIB. immediate supervsor at NAVAIR, and Concerning MCC,~aid 'test platform- for MeC equipment.

procurement process connected with ONR or NAVAIR the RCUH proposal for

solicitation # 01-R-0176 included a concept division known as PRI.~cknowledged that

had lied for a position with RCUH, but malntanedfhat an offer of employment had

not been accepted by According irected and approved the 20

December 2001 employment to RCUH that I ' I ackground

and expertise met standards set by RCUH as a "directed hired by

RCUH under a Navy grant sponsored by NAVAIR and ONR, but tha~ould be a employee

PAGE 14 OF 20 .

WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAl.INVESTIQATNE SERVICE CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WIfOSE OFPICIAI. DUTIES REQUIRE ACceSS IifR~TO. CONTENTS MAY NOT !IE DISCLOSEO TO THE PAFlTY(S) CONCERNED WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIOATIVE 8ERVlCI!.

I .... Q2.. .

us, NAVAL CRIMINA'~ ~1N';~~~~IGATIVE SERVICE ") (' .~)

TITLE: I/NAv.AIRSYSCOM/POSSIBLE PROCUREMENT IRREGULARITIES WITH THE DEVELOPMENT OF THE MODULAR COMMAND CENTER (MCC)

CCN= 24JUN02-DCNA-0307-4GNA

. .

when the NAVAIR cantract is awarded to RCUH. Further details far the interview with~re provided

in Enclosure (28). . .

5.~S-15 Seniar Strategic Planner, Natianal Security Agency

~as interview~d an August 16, 2002. ~as initially interviewed during the related NAVINSGEN inquiry and reported infarmationconceming a meeting she attended circa March 2002 at

a BOa room in Okinawa, Japan{fnvalving_an Repartedl_

was invalved with working on a procurementmarrer using a computer. th~

used a laptap computer, passibly in ~OQ wark on a Statement of Wark (SOWY-

invalving radar. However according to busy taking care ot pes (Pennanent

Change ot Station) matters and was nat invalved Enclasure (29) details.

6. ~rocuring Contracting Officer (PCO), an<ld •• ,.attorneyadvisar, NAWC Patuxent River, MD.

A meeting was held with~n~n August 19, 2002. During the meeting, PCO expressed

a view thai Nas nat a procurement official far the proposed contract to RCUH. Hawever,

concerning the etter to RCUH requesting the hiring a as a directed emplayee, both 2

andlll'viewed this as nat appropriate, Enclasure (30) details. Immediately fallawing the meeting, natificatian

was received from hat RCUH had withdrawn their contract prapasal for PROJECT KAIIE'E due ta "time

constraints,· Enclasure (6(G)) pertains.

7 .••••• ",HD, University ot Hawaii, Department .of Engineering.

_was interviewed August 19, 2002 ... said that in December 2001, he advised._ he needed an .operations persan with military experience far the ONR sponsared CEC Antenna Miniaturization/UESA, Switch Module Develapment project, grant # N00014-01-1-0562 (grant #

01-1-0562). _said that in December 2001,..-.va~ hired by RCUH for this effort as an ONR grant

funded emplayee. reparted that grant # 01-1-0562 is an R&D effart for technical wark an

the UESA praject. . However, contended that-under the UESA project. MCC issues develap

because UESA and MCC integrate in connectian with the sharing .of sensor informatian. i denied knowledge .of any future cantract employmentS LNauld be perfarming. j. said he was requested ta negotiate the Statement of Work for the RCUH PROJECT KAI'E'E propasal submitted in

response ta salicitatian # R-017S. j I acknawledged that included the PRI concept in the

initial RCUH contract proposal. Hawever, aid he had PRI removed from the prapasal as PRI

was not needed ta do technical work an the UESA project. Details far the interview wit~s

provided in Ericlosure (31), .

8.~CUH_'of Human ResaiJrces

~as interviewed August 19, 2002. confirmed tha presently em played at RCUH as a MDirected Appainted Emplayee" assigned to the Engineering Department of the University .of PAGE 15 OF 20 .

WARNING

THIS OQCUMENT IS THE PROPERTY OF THE NAVAL CRIMiNAl INVESTIGATIVE SERVICE cONTENTS MAl' 8E DISCLOSED ONLV TO PERSONS WHOU OfFICIAl OUTIES REQUIRl! ACCESS

HE:RETO. CONTENTS MAl' NOT 81 DISCLOSED TO THE PARtY(S) CONCERNED WITHOUT SPECIFIC , - tl4

. AUTHOAllATJON FROI.ITHE NAVAL CRIMINAL INVeSTiGATIVE SERVICE. \D'-\

U.S'. NA VAL CRIMIN \ IN·-'jgTIGATIVE SERVIC; -)



6

Hawaii. aid that mployment is funded under a·Navy grant sponsored by ONR.

:==:~on=firm;ed thattlllllllil hiring at RCUH was connected with a recommendation letter from

However according td) the au~hority for all

hiring. ~Iso confirmed the RCUH letter offer of employment (supra). During

the interview with_'documentation from a RCUH personnel file was obtained. Among these records, was an April 2002 RCUH announcement for the position of Project Kai'e'e Executive Director. The records show tha_nterview~ for this position ••••• application for this position was EWaluated favorably by RCUH directed employe~ Enclosure (32) details.

9 .... (Counselor)

Office of Naval Research (ONR)

A meeting was conducted wi~nd-' August 20, 2002. During the meeting, baU, £ bnd

•• r tobpined that the letter directive to RCUH to hire I ] I • ",as improper. However,

expressed a view that the action did not seem to be a criminal violation. During the meeting, it was

disclosed that had recused herself from some programs (TCN, UESA) connected with some L ~,. type of personal relationship, Enclosure (33) details. .. D ... "-

10. Corporati9n

__ was interviewed on August 26, 2002. ~dvlsed that there are two contracts conceming TCN/MeC. One contract with the Naval· Sea Systems Command (NAVSEA) involves an assessment of TCN for CEC. The other

contract is with NAVAIR and involves a demonstration of TCN for the 7th Fleet. said that TCN is referred to as

MeC in congressional language. According to : TeN/MeC is controversial because of potential competition witb

the CEe program. said that TCN/MCC was funded for 35.5 million for 2002, but he could not account for all of

this amount. claimed that old him that she had to give some of the money to the Kauai Economic

Development Board (KEDB) and PRI (PROJECT KAIIE'E). expressed a view that the RCUH BAA was

unrelated to TCN.· reported that complaints were made with a staffer on. the Senate Ap~mittee

and Solipsys subsequently received additional funds. said he heard a rumor identifyin~and

._as Director and Deputy Director of PRI respectively. recalled being introduced to as a PRI

employee by in February 2002. xpressed a view that issftll trying to do PROJECT KAIIE'E and

wants funding of 15 million for 2003, Enclosure (34) details.

11.

interviewed August 28,2002. aid he reported to eTF-161 Amphibious

in June 2001 as the Fire Support Officer. In early August 200 •••••

became an aid he first heard of PRI circa January 2002 .•••••

recalled that PRI was a Hawaii based research corporation in its that was affiliated with the UH.

According around the end of January that he had been offered

an upper level manaqement poslton with PRI following his r~tirement. reported tha_

was the MWR Coordinator for Okinawa and became good friends their mutual love of

•........ 7

scuba diving. reported that sometime in December 2001 : moved to Hawaii at government

PAGE 16 OF 20

WARNING

I!:IIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFlCIA~ OUTIES REQUIRE ACCEsa HERIITO. CONTEHTS MAY NOT III! DlSCl-OII!D TO THe PARTY(S) CONCEIlNED WITHOUT SPECIF'C AUTHORIZATION FROM THE NAVAL CIIIIotiNAL INVeSTIGATIVE S!AVICE.

us, NAVAL CRIMII' L Il'~Y~TIGATIVE SERVIC -)

,

~)



A .

expense. . a~t an MeC conference in February 2002 and learned that _ was

working for PRI, Enclosure (35) details. . .

12.

__ ~as interviewed on August 26 and 29, 2002. __ tired from Navy employment (NAVSEA, CDSA Dam Ne_ck, VA) in July 2001 and wenUQwork for RCUH through his contacts with _in connection with TCN evaluations for NAVSEA. was hired by RCUH at the UH under a Navy grant for Theater Ballistic Missile Defense (NFl) as an IPA. However, aid that virtually all his work was done to support I and Mec .

••• aid he developed POI (Pacific Operations Institute) as an initial organizational framework fo

According to PRI evolved as an anizational concept from meetings between

and According RCUH to become the Technical Design Agent for MCC, TCN,

and UESA all programs that she had involvement with. 2 contended that & tgreed to host PRI until it

was self-sufficient. mentioned that PRI was supposed to be consistent with Senator Inouye's efforts to

develop Kauai economically. elated that in November 2001 he fell out of favor with . _. did not

agree with the PRI concept developed nv._ ~nd~s members of an -Inner Club" with knowledge of the development of PRI, Enclosure (36)

pertans.

1

.Office of Naval Research (ONR)

A meetinglbri~fing with ~as conducted on September 5, 2002. that about ten

months pri~proached him and expressed a desire to become theONR Executive Director to PRI. However, _did not support the _idea for PRI. _advised that he suggested the concept of creating a University Affiliated Research Center (UARC) with the UH as an altemative. expressed a view tha_did not want to leave the federal government due ·to her many years of employment. Further

dela". are provided In Enclosure (37). .,a. .

14. Identity Protected Witness (IP~ . .. .,.c.. :1-'-

IP~as Interviewed twice for the investigation. According to IPW. directs contracts to ..

contractors/subcontractors that have pOlitical ties to bring in funds, with little regard to the work being done on the ~s. IPW believed that directed ITT. a PMRF contractor, to SUbcontract with Oceanit, owned by~ __" IPW said that~as ties to Senator Inouye's Office. IPW related that RCUH was another version of

•• lJlfIunneling money to contracts from an ONR pot of money. IPW also reported hearing rumors that had

SAle (Science Applications International Corporation) hire the daughter 0 . Further details for the

interviews with IPW~re provided in Enclosure s (38) and (39).

15.

~as lntervlewed September 11, 2002. acknowledged that SAIC had hired __ •

~s a summer college intern during the Juns - August 2001 period. ecalled thai

provided SAle with her resume and asked if there was anything they could do with it. However, ••• ~

PAGE 17 OF 20 .

WARNING

THIS DOCUMENT IS THE PRQPERTY OF THE NAVAL CRIMINAl INVESTIGATIVE SERVICE CONTENTS MAY BE DISCLOSED ON!. Y TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ... ccess IiERETO. CONTaflS MAY NOT BE DISCLOSED TO THE PAATV(S) CONCERNED WITHOUT sPECifIC

.... UTHORIZATlOfol FROM 1}1E NIoVAL CRIMINAL INVESTIGATIVE SERVICE.

, .

TITLE: I/NAVAIRSYSCOM/POSSIBLE PROCUREMENT IRREGULARITtES WITH THE DEVELOPMENT OF THE MODULAR COMMAND CENTER (MCC)


he felt no pressure from lJ hir , and mentioned that at that particular time, SAle had only

a small contract with ONR. further details for the interview witli 3 are provided 10 Enclosure (40).

CTF-76, Okinawa, Japan

16 .• ---

, was interviewed on September 12,2002. aid that MCCis an ONR test program

installed on ships that is part-of CTF-76. stated him that he did not have to

worry about MCC as he had the knowledge and knew the people. According t ......

ONR manages MCC, but had much influence over the program. , . mentioned that

whenever MeC had to be discussed, always spoke on behalf.of the program. said

that he never observed any actions to support the existence of a personal relationship betwee and

~However tha worked out o~abin.~aid

not care about perception and was not very careful about his actions. During the interview,

expressed his opinion was going to a lot of pains to expose MCC to people.

specified a Humanitarian Relief conference attended by Japa~ese military and civilians that was used

to showcase MCC's capabilities with a natural disaster~xpressed a view that this seemed on the

edge of what they (the military) do. Conceming i ecalled tha~orked as the Director

of the Navy-Marines Relief Society. _ initially mel during a diving class put together by ~

-_. , said~eparted Okinawa but later surfaced at an MCC conference in Hawaii.

related tha~id not have any past involvement with MCC, and this led to an assumption that

.assisted obtaining the new position. Conceming the Pacific Research Institute (PRI),

_stated his belief that; ; a works for this firm. added that he heard rumors that

-~as also involved with PR', Enclosure (41) details.

17 .• ".

~as interviewed 5 September 2002. This interview was conducted concerning documentation showing

a written comment from . about the lack of an identifiable deliverable for ONR grant # 01-1-0562.' &

confirmed his comment and remembered a second concern about whether a grant was the appropriate funding ,

instrument for this project. ecalled that after making his comments, he sent the file to Terry Young (now

deceased) for review, Exhibit (42) details. .

18.

Communications Officer, CTF-76

2 2 .was interviewed 10 September 2002. ~aid that~pearheaded MeC upon his

assignment to CTF-76. According tv ; was heavily involved with MCC and worked

frequently with MCC action office sic) said tha~as the ONR Program

Manager for MCC and was the only other person to work closely with nd sic). II &

•• Uidnot witness anything between nd to suspect an intimate relationship between

them. However; acknowledged that'the perception of onecould exist from instances where 7 •

worked . knew that ~m~ere diving or fishing partners,

and that had involvement with MCC, Enclosure (43) details.

PAGE 18 OF 20 '

WARNING

THIS DOCUMENT IS THE PROPERTY OF lHE NAVAL CRIMINAL INVESllGA lIVE SERVICE CONTENTS MAY BE DISCLOSED ONLV TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS HERETo, CONTENTS MAY NOT SE DISCLOSED TO THE PARTY(') CONCERNeIl WITHOUT SPECIFIC

, AUlHOAllAnON FROM THE NAVAL CRIMINAL tNVeSTIClATIVE SERVICE.

..

- . ~

u.s. NA VAL CRlMIl\.l I~ ~~TIGATIVE SERVIC .... _)



19.·

Navy-Marine Corps Relief Society (NMCRS). Okinawa. Japan

_.L~was contacted September 16,2002. onfirmed tha erved during the March - December 2001

period as the Okinawa NMGRS Director. According t~old former NMQRS Directo! 7 [ j that

he was going to Hawaii for a new job to 'research the edibility of seaweed." Further details for the contact with __ is provided in Enclosure (44).

201 ••••• I1111 PMS 470, Naval Sea Systems Command

•• IWLVas interviewed on August 19, 2002. ~dvised that NAVSEA PMS 470 was the activity that authorized

the testing of the MGG program aboard ships. was interested in the MeG program as it relates to some of her

_~latE!d her impression that MGG was a pet program a said. and

."vere also involved with on the MCGITCN program ... ' I xpressed her

impression that they were trying to develop things through MCC that did not need to be developed. Enclosure (45)

details. .

21 .• _._" GS-1S Civilia~Mid·Pacific Branch Office. ONR, Pea~ Harbor. HI

_.Wlwas interviewed on 3 September 2002. related his understanding that PRI was created by •

However according to there was no purpose to PRI because the PRI concept was to execute/monitor

contracts which RCUH was doing. identified and s the persons supporting the

PRJ concept. Concerning recalled attending a luncheon wherein he claimed he was a

PRI funded employee. During the Interview, stated that based upon his education and training. was

not qualified to perform ·Scientific· work forRCUH. Enclosure (46) pertains.

XIII. Enclosures

1. NAVAJR BM Solicitation # 01 ~R-0176J23FEB01

2. RCUH PROJECT KAl'E'ElUndated

3. Email containing anonymous complaint received at NAWCAD/26JUN02.

4. Email containing complaint from an anonymous Internet accounV16JUL02 ..

. 5. Investigative Action: Analysis of RGUH records/AugusW2

6. Investigative Action: Review of Contract # N00421 w02·[)"3151 (Sanitized)

7. Investigative Action: Review of ONR Grant # NOOO14·01-0562126AUG02

8. Investigative Action: Review of Forensic Image Medial29AUG02

9. Investigative Action: Receipt of Documents

10. Investigative Action: Review of Computer MedialSEP02

11. Investigative Action: Meeting with NAVAIR Contract Speciali.sllll •••

12. Investigative Action: Review of RCUH Personnel File for EB03

13. Investigative Action: Review of RCUH Time S~eets for TEB03

14. Investigative Action: Review of RCUH Travel Records fo EB03

15. Investigative Action: Review of RCUH Personnel File fo UN03

16 .Investigative Action: Review of RC.UH Time Sheets fo JUN03

17. Investigative Action: Review of RGUH Travel Records fa UN03

Counsell5SEP02

PAGE 19 OF 20 .

WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVA~ CRIMINAL INVESTIGATIVE SERVICE CONTENTS MAY 8E DISCLOSED ONLY TO PE~SONIIII'HOSE OFfICIAl. DUTIES REQUIRE ACCEIIS HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTYtS1 CONCERHI!D WlTIfOUT SPECIFIC

, .

u.s. NAVAL CRlMIl\ 1 I~ ~'~'~~TIGATIVE SERVIC.L \


CCN: 24JON02-DCWA-0307-4GNA

18. Investigative Action: Review of RCUH Personnel file for FJUN03

19. Investigative Action: Review of RCUH Payroll records for JUN03

20. Invoices submitted for labor charged to Navy grants by ; , md •••• ,/2001/2 dates

21. Investigative Action: Review of Navy Grant # N00421-01-1-0176/JUN03

22. Internet Document: Essential Elements of OMB Circular A-21/15JUL03

23. Investigative Action: Review of FinCEN Report 110CT02

24. Investigative Action: Review of Fin~" ... __ SOCT02

25. Investigative Action: Interview wit~UG02 -.

26. Investigative Action: Interview will i "" 8AUG02

27. Investigative Action: Interview with AUG02

28. Investigative Action: Interview WiU, 7; f~6AUG02

29. Investigative Action: Interview 6AUG02

30.lnvestigative Action: Meeting with 19AUG02

31.1nvestigative Action: Interview wit'_9AUG02 .

32.1nves~gative Action: Interview wit 9AUG02

33.lnvestigative Action: ONR Brief, Counseloi and Chief of Statlr •• 2DAUG02

34.1nvestigative Action: Interview wi~6AUG02 35.lnvestig ative Action: Interview with

36.1nvestig~tive Action: Interview with 6-29AUG02

37.1nvestigative Action: Brief 0 ONRl5SEP02

38.1nvestigative Action: Interview with Identity Protected Witnes~===.

39.1nvestigative Action: Reinterview with Identity Protected Witness LtI4.. C.

40.lnvestigative Action: Interview SAIC/11SEP02 ~ T I>

41.1nvestlgative Action: Interview 2SEP02 'L '4II!IL

42.1nvestigative AcUon: Interview with Associate Counsel, ONRl5SEP02 U T

43.1nvestigative Action: Interview witll_

44.1nvestigative Action: Interview w::====: Corps Relief Society/16SEP02

45.1nvestigative Action: Interview with Naval Sea Systems Command/19AUG02

46.lnvestigative Action: Interview wi_MID-PAC Branch office, ONRI3SEP02

2SAUG02

PARTICIPANTS

_:::SUDlervllsorv Special Agent NCISRA Baltimore Sp·ecial Agent, NCISFO Washington

'==:~~l~~~'estlllal()fJ' Office of the Naval Inspector General

• Agent, CIO, NCISFO Washington

"' ............ ,g, Agent. NCISFO Hawaii

Special Agent, NCISRA Okinawa, Japan Special Agent, NCISFO Hawaii Special Agent. NCISRA Okinawa, Japan

pSpleclal Agent, NCISRA Okinawa, Japan

rvlJ ..,lg, Agent, NCISFO Hawaii

.......... " ' Agent, CIO, NCISFO Washington

PAGE 20 OF 20·

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... ....-L.U-.QI'I'&T.,."..._ ....... _ .. ...._~I!II' 11.1 .. ,.111 I"'1"I1;iL ••• '". IU .. _~~"""""" IfIIotft'oH .....

, v.nme Agency's Ex-Ctuet IndicV . »n Md. Grant Use (washingtronoost.com.)

I I);>' ( 11

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washlnglonl:'0st.com > Metro> Maryland> Government CORRECTION TO THIS ARTICLE

P..rioUhlI.._Artlctll. A headline in some March 18 editions incorrectly stated that $6 million in federal anti-crime

E·Mall This Article grant money allegedly was used to pay the salaries of staff members of former Maryland

lieutenant governor Kathleen Kennedy Townsend. Although an indictment charges that MOST VIEWED ARTICLES I some of the $6.3 million was improperly used to pay Townsend staff members, most of the

.. .. . people whose salaries allegedly were paid with the grant money were employees of a

Metro On the Site j Maryland anti-crime agency.

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FEAT

Crime Agency's Ex-Chief Indicted on Md. Grant Use

• The

• Re.U

• Q_on

• Imp

• CgD

• 115! ·~I

By Erlc Rich

Washington Post Staff Writer Thursday, March 18,2004; Page 601

HAL TIMORE, March 17 ~- A federal indictment that was made public Wednesday charges the former head of a Maryland anti-crime agency with misspending $6.3 million in grant money to pay the salaries of agency employees and staff members of former lieutenant governor Kathleen Kennedy Townsend before she left office last year .

The criminal charges, issued under seal late Tuesday by a grand jury here, are the first to be ftled in a long-running investigation of the Governor's Office of Crime Control and Prevention, which disburses millions of dollars in federal grants annually for anti-crime programs. The indictment accuses Stephen P. Amos, the agency's former director, of improperly using grant money to pay the salaries of more than 40 people, including 10 who worked for Townsend (D), among them her deputy chief of staff and several speechwriters.

In announcing the indictment, mi.i"g,I@.1

Maryland U.S. Attorney

Thomas M. DiBiagio said his

office found no misconduct by

Townsend, who oversaw the

anti-crime agency at the behest

of then-governor Parris N.

Glendening (D). After the

investigation came to light in

the summer of 2002, Townsend

ENCLOSURE (8)

http://www. washingtonpostcomlac2/wp-dynl A 193 7-2004MarI7?language=printer 1 0/20/200~7OD

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