U.S. Department of Transportation
Federal Highway Administration

NOTICE

1. PURPOSE

   1. On July 18, 1993, the Federal Highway Administration (FHWA) issued a Notice (N 2000.447), in part, to suspend and propose debarment for the individual listed below in paragraph 2a. This Notice serves to advise that the FHWA has determined that sufficient cause exists to debar the individual listed below in paragraph 2a for a period of four (4) years. To the extent necessary, this Notice will amend or cancel the July 18, 1993, Notice (N 2000.447) as it relates to this individual.

   2. The FHWA believes that a four (4) year debarment is consistent with a policy to use this discretionary action to conduct business only with responsible persons and to protect the public interest, the Federal Government, and the integrity of Federal programs. This debarment action is taken pursuant to the regulations of the U.S. Department of Transportation (49 CFR Part 29) and the FHWA Order 2000.2 on the FHWA Nonprocurement Suspension and Debarment Process.

2. ACTION TAKEN AND ITS SCOPE

   1. This Notice of Debarment from Federal Nonprocurement Programs and Projects excludes the below listed individual from being a participant or principal in any program or project receiving Federal financial assistance for a period of four (4) years. As mandated by 49 CFR § 29.200(a) (1992), the debarment shall be effective throughout the Executive Branch of the Federal Government.

      Mr. Jose L. Crespo
      196 Richmond Avenue
      Patterson, New Jersey 07502-1460

      DEBARMENT EXPIRES AT MIDNIGHT ON JULY 17, 1997

   2. On Federal financial assistance programs and projects, the individual cited above shall be prohibited from being a participant or principal in any primary or lower tier "covered transaction," as defined in 49 CFR § 29.110. Generally, Mr. Crespo is prohibited from submitting a proposal or entering, or participating as an officer, director, owner, key employee or other person with primary management or supervisory responsibilities, in any "covered transaction," including any nonprocurement transaction between an agency and a person. Any firm or individual affiliated with the above named individual also may be affected by this debarment.

3. CAUSE FOR DEBARMENT

   1. The individual cited above in paragraph 2.a. pleaded guilty and was convicted of certain criminal offenses that are cause for debarment. The criminal charges arose from Mr. Crespo's conduct as an inspector for work completed by Hudson Foundations on the Suffern Interchange project. In that capacity, he admitted to falsely certifying that piles driven by Hudson Foundations met specifications in return for monetary payments. On or about December 30, 1992, the United States Attorney for the Southern District of New York filed a felony information charging Mr. Crespo with conspiracy, filing false reports, and making false statements. On or about February 3, 1993, Mr. Crespo pleaded guilty to those criminal charges. His plea was entered against him by the United States District Court for the Southern District of New York.

   2. His conviction on the above charges meets the standard of proof and thus is sufficient grounds for a debarment. Specifically, his conviction for making false statements is grounds for debarment under 49 CFR § 29.305(a)(3). His conviction is also grounds for a debarment under § 29.305(a)(1) because it involves a criminal offense in connection with performing a public agreement or transaction. Further, the FHWA has determined that the conviction indicates a lack ofbusiness integrity and business honesty, and affects his present responsibility. Therefore, the criminal conduct is grounds for debarment under both § 29.305(a)(4) and (d).

   3. Due to the danger Mr. Crespo's conduct presented to the safety of all highway users and the Government's obligation to protect the public by conducting business only with responsible persons, the FHWA has determined that a debarment period of four (4) years is warranted.

   4. Mr. Crespo failed to respond within thirty (30) days in any manner to the FHWA's letter and notice proposing debarment. He has thus waived his right to contest this debarment action.

   5. This debarment action is taken in accordance with 49 CFR Part 29 (1992).

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