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Monday
May262014

Former Navy Military Sealift Command official and businessman charged with bribery

A ex- government contractor who worked for the U.S. Navy Military Sealift Command, and a businessman whose company sought contracting business from the Command, were indicted Friday on bribery and obstruction charges.

A federal grand jury charged Scott B. Miserendino with conspiracy to commit bribery, bribery, conspiracy to commit obstruction of criminal investigations and to commit tampering with a witness, and obstruction of criminal investigations.

Timothy S. Miller was charged with conspiracy to commit bribery and two counts of bribery of a public official.

Miserendino was a government contractor at the Military Sealift Command (MSC), the transportation provider for the Department of Defense. According to the indictment, between March 2005 and Frbruary 2009, he allegedly accepted cash payments of about $3,000 per month from agents of a corporation (Company A) that sought contracting business from the MSC.

In total, Miserendino accepted approximately $100,000 in bribes from Company A's agents.

In February 2009, according to the indictment, Miller and his business partner Dwayne A. Hardman established a government contracting corporation (Company B) located in Chesapeake, Va., to provide support to the MSC on various telecommunications projects.  

In May 2009, Miller and Hardman allegedly paid cash bribes totaling $50,000 to Miserendino and his associate, Kennth E. Toy, in exchange for favorable treatment in connection with U.S. government contracts, subcontracts and task orders.

In addition to the bribery charges, Miserendino allegedly obstructed justice and tampered with a witness by causing $85,000 to be paid to Hardman to prevent or delay him from reporting the bribery scheme to law enforcement authorities.

Prior to Friday's indictment, five other individuals had already pleaded guilty in connection with the bribery scheme. 

  • Kenny E. Toy, the former afloat programs manager for the MSC N6 Command, Control, Communication and Computer Systems Directorate, pleaded guilty to bribery and admitted receiving more than $100,000 in cash bribes on February 12.
  • Dwayne A. Hardman, one of White's business partners, pleaded guilty to bribery and admitted to providing more than $140,000 in cash bribes to Toy and another MSC official on February 18.
  • Michael P. McPhail pleaded guilty to conspiracy to commit bribery and agreed to forfeit $57,000 on February 19.
  • Roderic J. Smith, another of White's business partners, pleaded guilty to conspiracy and agreed to forfeit $175,000 on March 5.
  • Adam C. White, who worked for a government contractor that supported the MSC on telecommunication projects pleaded guilty on April 4 to conspiring to bribe public officials.

The DOJ's May 23, 2014 release is here.

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Julie DiMauro is the executive editor of FCPA Blog and can be reached here.