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NEC Admits To Ripping Off Schools Through E-Rate Program

MAurelius writes "The New York Times (regist. req'd) is reporting that NEC now admits to ripping off multiple low-income school districts by connecting them to the internet with equipment more advanced and expensive than necessary. Several orders of magnitude more expensive. All paid for by telephone rate-payers. That would be you."

39 of 250 comments (clear)

  1. Sounds like a federal program by Anonymous Coward · · Score: 3, Insightful

    And you expected any less with a pseudo-govermental federally mandated tax? The federal goverment has no business doing this; it should be done by the states as needed.

    1. Re:Sounds like a federal program by Alan+Cox · · Score: 3, Insightful

      Anyone can get ripped off at any level. The good thing is that someone at least *noticed* this one and is now beating restitution out of the victims.

      It can happen at any level in government or business (although its a government speciality since its not their money). State level, "Oracle v California" anyone ?

    2. Re:Sounds like a federal program by Anonymous Coward · · Score: 3, Insightful

      Well, see, we have an often ignored Constitution that says that powers not explicitly granted to the federal goverment (Education isn't mentioned in the constitution) are given to the state.
      But to answer your question, State politicians can be removed. Federal beaurecrats are immune to pressure. If you don't believe that, try to get one fired for negligence or failure to do their job.

    3. Re:Sounds like a federal program by That's+Unpossible! · · Score: 4, Insightful

      As a European I believe you'd better hve such a program run by independant beaurocrats than For Profit commercial interests.

      As an American I think we'd have a better program if the school system wasn't controlled by the government.

      Do you think a for-profit private school would have wasted their budget money like this?

      But Unpossible, how will poor kids go to private schools? Through scholarship programs, through charity, through hard work. Those that have good parents and want to be educated will be educated.

      --
      Ironically, the word ironically is often used incorrectly.
  2. US-centric by NightRain · · Score: 3, Insightful
    All paid for by telephone rate-payers. That would be you.

    No, that would not be me, because I don't live in the US.

    1. Re:US-centric by WanderingGhost · · Score: 1, Insightful

      No, that would not be me, because I don't live in the US.
      Yes, but how can you tell it doesn't happen in your country too?

    2. Re:US-centric by NightRain · · Score: 2, Insightful
      Centric implies centered around, related to etc. This story for example is US centric as it is about an event in America. I have no problem with that.

      What I do have a problem with, is the implication that the only people who read the article are in the US. That's not "centric", that's "incorrect"

    3. Re:US-centric by Anonymous Coward · · Score: 1, Insightful

      Well, if we ever run out of money, we'll just bomb you and rob your natural resources, so you'll eventually end up paying anyway.

  3. Why is no one going to jail? by MrRTFM · · Score: 5, Insightful

    NEC then sent a bill to the E-Rate administrators, a quasi-governmental agency for tens of millions of dollars more than the actual cost of the equipment.

    If someone robs a bank overnight (no people harmed) and takes 10 million dollars the shit would hit the fan.

    But a corporation? ....
    and to pay $20.7 million in fines and restitution.

    Oh, I suppose theres no harm trying is there - if they get caught, they only pay double what they could have scammed.

    --
    You can't expect to wield supreme executive power, just because some watery tart threw a sword at you
    1. Re:Why is no one going to jail? by blorg · · Score: 2, Insightful

      One employee of the school district (who was bribed as part of the scam, although not directly by NEC) did go to jail. I don't know why no-one from NEC is going to jail though, for their part in the fraud.

      Corporations are legally persons only when it benefits them, I guess - imagine the concept of 'sending NEC to jail'.

    2. Re:Why is no one going to jail? by tomstdenis · · Score: 1, Insightful

      What? Are you saying that corporations that rob billions of dollars out of people [and other corporations] are equally or more damaging than say someone who steals a 100$ walkman from K-Mart?

      HOW DARE YOU!

      At least when huge corporations ruin your life [out of job, higher taxes, in some cases no 401k] they do it with a smile and zeal.

      Some low life criminal stealing a 100$ walkman [marked up from the stores price of 14$] is mean and evil and will damage society as we know it!

      Tom

      --
      Someday, I'll have a real sig.
    3. Re:Why is no one going to jail? by Cesare+Ferrari · · Score: 3, Insightful

      I'm sorry, but we are talking about a company here.

      It's pointless to anthropomorphise companies and suggest that they have in any way behaved in an underhand manner - they are just a name.

      You want to really understand what has motivated the company staff to rip off your government, and it will probably come down to the greed of one or two people. The guys involved were probably on a performance related bonus scheme, so had an incentive to increase their sales. Lot's of the people working on this project were probably unaware of the markup, unaware of what the requirements were, they were just doing what they had been told to do.

    4. Re:Why is no one going to jail? by mindstrm · · Score: 1, Insightful

      Because what they did was sleazy, not illegal.

      If you offer to sell me a turd for $1000, and I buy it, have you committed fraud?

      Those doing the purchasing had a duty to make sure they were getting a fair and proper deal, and were spending money wisely. They failed to do this.

      That NEC took advantage of it is secondary.

    5. Re:Why is no one going to jail? by Turtlewind · · Score: 3, Insightful

      That's not the point. The fact is, a serious crime has been committed, and those responsible have got off with a slap on the wrist. If I committed that sort of fraud, even of several orders of magnitude smaller than this, I'd be locked away.

      $10 million of fraud doesn't just happen on it's own. Somebody is responsible - maybe the guy in charge of the project, maybe one of his subordinates, or maybe it was a direct order from the CEO. The job of law enforcement should be to find that somebody and punish him, not just to fine the company he works for.

      --
      --This is a self-referential sig--
    6. Re:Why is no one going to jail? by rking · · Score: 4, Insightful
      Because what they did was sleazy, not illegal.

      According to the article:

      NEC Business Network Solutions, a subsidiary of NEC, the computer giant, agreed to plead guilty to two federal felony counts, one for wire fraud and one for antitrust violation, and to pay $20.7 million in fines and restitution.


      Two felonies. What's your basis for claiming that they didn't do anything illegal?
    7. Re:Why is no one going to jail? by t_allardyce · · Score: 5, Insightful

      Its like people who drive how they like - speeding, running lights, parking offences etc because they can easily affort the fine, to them the fine isnt so much a punishment/deterrent but the price of a license to do whatever they want. This is exactly the same with big corporations - infact more so. Accounting is done to take into consideration fines and lawsuits, they wernt kidding in Fight-Club when they said the motor company would only issue a recall of defective cars if the estimated cost of lawsuits was bigger than the cost of the recall! Its all just another figure to stick in the spreadsheet. Some might go a little further and factor in "public relations" ie how bad something would be to their image (in money value ofcourse). For example clubbing baby seals might create a bad image but the lost sales due to that would be less than the profit made (well whatever profit you can make from clubbing baby seals). Just remember this is the capitalist system - supply and demand, money = freedom. Continuing my rant off-topic now :\ the system (when done to the full fundamentalist extreme) works so well its almost beautiful like nature itself, consider:

      Drug companies rely on illness, anti-virus companies rely on security flaws, weapons manufacturers rely on war and unrest, oil companies rely on an outdated method of fuel-energy conversion, electric companies rely on people _not_ turning off their lights when they leave the room. Even the president and government have real corporate ties that ensure they have an agenda for or against something for their own benifit. Now stop complaining about the unfairness of the system and get out there and exploit someone.. i hear afew schools might be needing network equipment, now i wonder if we can sell them that 100TB/s router?

      --
      This comment does not represent the views or opinions of the user.
    8. Re:Why is no one going to jail? by rking · · Score: 2, Insightful

      You want to really understand what has motivated the company staff to rip off your government, and it will probably come down to the greed of one or two people. The guys involved were probably on a performance related bonus scheme, so had an incentive to increase their sales. Lot's of the people working on this project were probably unaware of the markup, unaware of what the requirements were, they were just doing what they had been told to do.

      So? If a few of my co-workers and I go rob a bank and we're caught, is there a defense now of "it was just the greed of one or two people"? I just say that and they'll go fine my employer and that's the end of it?

      Someone committed a multi-million dollar fraud. They do not seem to be being punished by the legal system. In fact they don't seem to even be being identified. I suspect the earlier posters were correct that the reason for this is that the crooks in question were acting in the course of their employment at a big company. I don't think that should be a valid defense. I certainly don't think your "greed of one or two people" line should be.

    9. Re:Why is no one going to jail? by Vlad_the_Inhaler · · Score: 4, Insightful
      You raise another point.
      This need to spend a few years in a confined with large (in more ways than one) powerful gentlemen of ambivalent sexuality who are being fed tripple (sic) doses of viagra in their meals attitude is plugged a lot on /. and seems to be popular in the US nowadays.

      Examples - all 9.11 related - off the top of my head are:
      • There was a general trawl of Pakistanis in NY state after 9.11, one prison warder was suspended for the serious violence they were subjected to before they were either released without charges being pressed, or deported as illegal immigrants.
      • In a recent exercise, an american donned the orange overalls and was put into the Guantanamo Bay facility. Serious violence was apparently used on him, it ceased when he managed to show them the uniform he was wearing underneath. Of the 5 (?) british muslims who landed up there before being released without charge, one also came back as a torture victim and all of them reported being asked the same idiotic questions day after day by people who did not have a clue.
      • A lot of the people in those Iraqi jails who were simply in the wrong place at the wrong time, ended up being beaten up, abused or killed.

      Bottom line is: people who are locked up for often spurious reasons are considered prey. Is that what the US now stands for?

      Someone at NEC needs to be prosecuted over this, and then (if found guilty) imprisoned or fined. No rape, no abuse, nothing. Is that what the US now stands for?
      --
      Mielipiteet omiani - Opinions personal, facts suspect.
    10. Re:Why is no one going to jail? by fizban · · Score: 2, Insightful

      Yes, it is. Actually, let me clarify, it's what half of the U.S. stands for...

      --

      +1 Insightful, -1 Troll. What can I say, I'm an Insightful Troll.

    11. Re:Why is no one going to jail? by Monkelectric · · Score: 5, Insightful
      That's because in the US we have a double standard for corporations vs. individuals.

      If I wrote a trojan horse that installed itself unknowingly, stole personal information, and broke your computer in the proces I would go to jail right? if Claria does it, thats "business."

      If I took near nude, hightly sexualized pictures of the 17 year old girl next door the police would nail my ass? But when esquire takes near nude pics of a 17 year old Britney Spears thats "business." I know a lawyer who defended a guy the government tried to convict as a SEX OFFENDER because he took a piss on the side of a highway (and thus exposed himself, and thus is a sex offender, logically). The guy would have had to register as a sex offender for the REST OF HIS LIFE for peeing on the side of the road?

      Law enforcement in this country is out of control. They let corporations/government get away with murder, and they prosecute little crimes beyond reason.

      --

      Religion is a gateway psychosis. -- Dave Foley

    12. Re:Why is no one going to jail? by Vlad_the_Inhaler · · Score: 3, Insightful
      • Ah am not German, I just live here.
      • Yup, I know that the other prisoners are meant with the 'large powerful gentlemen of ambivalent sexuality'. It is the assumption that homosexual rape should be part of a prison sentence that I find obnoxious, especially coming from the country which imprisons the highest percentage of it's citizens of any developed country. That England/English (I forget which) woman's boyfriend had already attracted attention for abuse of prisoners in a prison at home.
      • I can handle those guys doing time at a 'club fed', although they should not have the Diana Ross option - they should actually have to be there.
      • As to the point behind the point, living here and knowing Germany's history makes me rather sensitive when other countries start behaving in a similar fashion. An essential part of the Nazi behaviour was the assumption that their victims were subhuman. That assumption is the same one we are seeing now.
        Even if I were German, that would have been a pathetic cheap shot. I would have to be about 71 years old now to have been involved in Hitler's bid for world domination.
        'Old Europe' remember horrors that others seem to want to repeat. I shudder to think how people like Ashcroft/Rumsfeld would be behaving if the US did not have a 200 year democratic tradition.
      --
      Mielipiteet omiani - Opinions personal, facts suspect.
  4. Re:That's so stupid. by Billly+Gates · · Score: 3, Insightful

    Thank our campaign laws and legal bribery.

    I am sure it was bought and paid for by lobbiest from NEC who convinced the politicans to buy this for kickbacks in return.

  5. Re:That's so stupid. by NJVil · · Score: 5, Insightful

    Having seen school budgets and taken coursework on school budgets and having had a hand in compiling a departmental school budget, I can state with some certainty that if a small group of influential people wants to hide something, they will hide it.

    Granted, there are some amounts of money that can't be hidden, but this particular scam involved getting districts to buy too much unnecessary equiment (1 network server per classroom in one case) and overcharging for it because the districts didn't follow competitive-bidding procedures.

    I guess the point I'm trying to make is that even though the budget process is "public," a lot of the particulars are obfuscated by those few who control the budget pen. There's always a fair amount of pork in any budget (schools included), but this particular scheme involved defrauding the federal government (as opposed to defrauding the citizens of a town), which is what is landing them in hot water.

  6. Re:Here's a karma whore by phoenix.bam! · · Score: 4, Insightful

    What exactly is wrong with gaining karma from doing something that benefits the readers of slashdot? I'm thankful the grandparent found that link, and I'm thankful it was +5 so I could see it no matter what.

  7. Re:at least... by Anonymous Coward · · Score: 1, Insightful

    Sounds more like a slap on the wrist. E-Rate system costs run into billions. Getting measly 20 million back isn't going to bankrupt NEC, nor refund those irresponsibly misappropriated funds. As a California resident, I'm not going to see my portion of money refunded, or at least properly distributed as a result of this judgement.

    Justice will never be served as long as there are powerful lobbies who buy politicians to channel their expensive and always-redundant products and services to public schools. There is incredible amount of pork flowing through the system as I type this message, and god knows when it will be brought into limelight, if ever.

  8. Re:Because they're japanese by tomstdenis · · Score: 4, Insightful

    I think they claimed they "needed" the equipment.

    It's as if you buy a computer at a store and they tell you that you have to add a 900$ sound card [which is just a cheap 10$ CMPCI clone] to make the computer work then pocket the difference.

    How is that not fraud? You were told you needed the sound card [not true] and that the sale price was 900$ [also not true]. Similarly they were told they needed equipment that wasn't required.

    I mean what is the alternative? If you can't rely on the word of the service provider than you might as well learn to be a medic, car mechanic, building architect, etc, etc, etc.

    Granted I agree the average school I.T. guy is just some jackass college dropout [was my experience when in high school] who should have known better. I'd be happier if they burned some IT guys and NEC sales people simultaneously.

    Tom

    --
    Someday, I'll have a real sig.
  9. There is something else wrong here by bdsesq · · Score: 5, Insightful

    NEC then sent a bill to the E-Rate administrators, a quasi-governmental agency for tens of millions of dollars more than the actual cost of the equipment.

    If they over charged tens of millions of dollars and are only paying back 20 million this seems like NEC still made money on the deal.

    What every happened to triple damages?

    So far as NEC is concerned crime still pays!

  10. Happens everywhere by AirLace · · Score: 4, Insightful

    My school in North London had a server room full of expensive optical hardware, several firewalls and servers, bought at a cost to students of around a million pounds. I once managed to get my hands on a bandwidth usage chart, and found that a Linksys router, around 100 at the time, and three 20-port switches, each around 100 could easily cope with the usage patterns.

    It's telling that the IT administrators who installed the million pound system where an equivalent solution under 500 could have worked just fine, all left that year. The school is left with a completely irrelevant infrastructure that costs thousands of pounds a year to maintain and support.

    All of this happens because, when a school installs a system, it's not their money that's being spent, but that of the students (or sometimes the taxpayer). Big hardware firms love to wine and dine school purchasing directors in a bid to convince them that they really need this fancy kit. It's in all of their interests to squander the money, and nothing is happening to change that.

  11. The Public Largesse by charteux · · Score: 3, Insightful

    Any time the public largesse is expanded there will be those that abuse it. There are always people that will see this public generosity as an opportunity for a free lunch

  12. Re:at least... by SillyNickName4me · · Score: 4, Insightful

    Actually.. those who were responsible should have to pay them back at least 3 times, and from their personal account.

    That a company takes the damage when things go wrong is understandable, but when people have intentionally screwed things up, they should be held personally accountable.

    It amazes me that it seems acceptable to politicians that individual citizens can be put out of their life savings by an organisation like the RIAA over possibly endangering their income, while big corporations can rip of the citizens and the responsible people just walk away.

  13. Re:at least... by Badanov · · Score: 2, Insightful
    Justice will never be served as long as there are powerful lobbies who buy politicians to channel their expensive and always-redundant products and services to public schools. There is incredible amount of pork flowing through the system as I type this message, and god knows when it will be brought into limelight, if ever.

    I guess I missed the part of the article where NEC bought a politician. My guess would be every other reader of the story did, too, because it simply wasn't there to be read.

    I did see where one person ( one as in 1, one more than zero, one less than two ) had been caught taking a bribe, and the money wasn't even from NEC, but from another company involved.

    The wire fraud count appears to be NEC taking the hit for what the employee did. Of course, there are no further detailsto clarify the story, so I get to assume a lot of things (sorta like what you did in posting your reply), since the NY Times is typically trying to advance an agenda.

    --
    Dawn of the Dead
  14. Re:at least... by TykeClone · · Score: 3, Insightful
    There is incredible amount of pork flowing through the system as I type this message, and god knows when it will be brought into limelight, if ever.

    This is because taxes are too high. There's so much money flowing into the government that there's no accountability.

    Look at what you paid last year for Federal, State, and local taxes. Chances are that the local taxes you paid (typically property tax) support you local community and school, and are the lowest amount of the three. State taxes (income and sales taxes) are next, and then Federal taxes.

    If this was flipped on its head, where the smallest amount of tax went to the Federal government and the largest share stayed in the local community, we'd likely see lower taxes because local elected officials are more accountable to their constituents than those at the state or federal level.

    --
    A fine is a tax you pay for doing wrong and a tax is a fine you pay for doing all right.
  15. Worried for a minute there... by 770291 · · Score: 4, Insightful

    Then I realized it was just poor people who were getting ripped off. Whew! I mean, if NEC doesn't do it, some payday loan place or another scam artist will anyway.

  16. Re:Several Orders of Magnitude? by milletre · · Score: 3, Insightful

    Okay, so there actually was a quote in the article: "Schools are being promised million-dollar systems when a system costing $10,000 would make more sense."


    This is TWO orders of magnitude, and it is not printed as fact, but is merely a quotation, and even the quotation doesn't say that this exact thing ever happened.

  17. Money for education by DarkOx · · Score: 5, Insightful

    This gets back to my rant on providing more money for education. There IS NO LACK OF FUNDS for Education in the United States, there is a TOTAL lack of of responsibility for those funds. I vote down (and will continue to do so) every school levey and politian that would increase school taxes. I think public schools are one of the most important institution we have in this country though. The issue is I have been to school recently as a 20 something I can tell you that most of their budget is waste. Why in heavens name do we need video on demand huge writing labs of computers fast one with P4s for word processing? Not to mention new uniforms for the band every year or half of the other eqipment they buy and never use. The huge mulitmedia room my HS built that I saw when I went back to visit cost close to a million dollars and according to my younger sister has been used all of about once in two years. Its all over kill, schools are run by a bunch of know nothing administrators that think technology is going to solve all their education problems. Instead of spending money on hightech schools should spend money on text books, teachers, and the building(a confortable enviorment is importand for learning). This is not to say they should not have a well outfited computer lab to teach things like computer science . I won't support any money for schools untill I see it being spent on what matters though, teachers and books. In MN Ventera cut the budget drasticly at first school admins tried all sorts of scare tactics like claiming they could only afford to run schools four days a week and would have to cut every after school program and riddiculous claims like that. What really happend though is Jessy pushed the budget through and schools had to start to be responsible with the money, I don't see as much flasy new toys but overall the schools have not suffered. They simply buy books and teachers and maintain the buildings. It works good. Now idealy we could not cut school budgets and pay teachers more, that might result in better teachers, and again as a recent grad I learned more from teachers then and multimedia presentation tought me. A good lecurer with a chalk and a blackboard is far more valuable then some hack with power point.

    --
    Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
  18. Was predictable - due to design of '96 Gore tax by XavierItzmann · · Score: 2, Insightful

    a) 1996 - Gore/Clinton tax *your* phone bill to "put internet on every school"

    b) Any school can spend whatever money and get the ERATE fund to reimburse the school

    The waste and subsequent abuse happened because this tax should not even have existed to begin with. If school districts had to spend their own money, based on *local* taxation , this sort of careless purchasing would not happen.

    You vote for politicians who introduce taxes, you bring this upon yourself.

    --
    The next pasture is always greener
  19. While we're quoting SF authors (or characters) by Ungrounded+Lightning · · Score: 3, Insightful

    "Every new law is a new opportunity for graft."

    One of Heinlein's. It seems appropriate here.

    Of COURSE collecting a big pot of tax money for "wiring the schools for internet" will attract those with the political connections to tap it. And of COURSE they will set their prices and install the equipment that gives them the entirety of that pot of money. Why the surprise?

    If you want it done at a decent price you don't say: "Here's X billion dollars per year. Who can wire the schools for that?". You say: "School districts: Get hooked up. We've raised your budget a bit, but meet at least Y level of service and if there's any left over you can use it for equipment, supplies, teachers, books, software, sporting goods, building repairs, or whatever else you need."

    But IMHO, while the opportunity for graft is ALWAYS a factor in new laws (even if not intentionally), this one DID have an ulterior motive:

    By wiring the schools to the internet, the government added weight to the "protect the children" argument for passing regulations limiting what could be posted there.

    You will recall the figurehead of this push was Al Gore, during the period when the air was filled with internet-content-regulation and for-the-CHILDren trial balloons - shortly after his wife Tipper's attempt to regulate music content was slapped down. (I believe the quote that got mangled into "Al Gore claims to have invented the Internet." came from that very push.)

    The internet was created BY adults FOR adults - or at least the set of people that INCLUDES adults. It was intended to be a medium for transmitting ANY information, cheaply and without restriction. It's as much an adult world as the streets of a city. It has its universities, its industries, and its billboards. But it also has its red light districts, its radical political recruiters, and its underworld.

    Children who are below the maturity level to wander this world unharmed should no more be encouraged to go there unsupervised than they should be bussed to the local "adult enterprise zone" and left on their own. And attempts to turn it into a padded cell for kids are as misguided, as tyrannical, and as futile as attempts to do the same to the streets of the city.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  20. Re:at least... by GSloop · · Score: 2, Insightful

    If an individual pleaded guilty to a *felony* stealing/fraud/etc then they would most likely get a significant prison sentence.

    Not only that, but the individual would give up their right to vote and thus their influence over gvmt. Not so the corp.

    IMHO, CEO's and executive officers ought to be responsible, *personally* for the acts of their companies - both civil and criminal. Unless the Executive can show that it would have been completely unreasonable for them to have known about the malfeasence.

    Cheers,
    Greg

  21. Re:That's so stupid. by Tablizer · · Score: 2, Insightful

    [a particular company] would offer to get the school wired, and would offer to do the rather complex paperwork to get grants from the state (or maybe federal, I can't recall). They then would wire schools with rather pricey equipment. Not obscenely out of line equipment, but certainly more expensive than needed.

    Maybe there was a "gentleman's agreement" that equipment would be jacked up a bit if the supplier did such paperwork for them. Dealing with gvmt paperwork can be costly itself. It may not be the "proper" way to do it, but it can get both sides what they want in some cases. In other words, a school may have no budget to perform such paperwork, but have a computer budget. Thus, the school can shift the paperwork costs, which they have no budget for, into the computer budget, which may be more plump in comparison. It is simply Radar O'reilly-like (MASH) wheeling and dealing and clever barter to get what you need. (I don't know if the NEC case is this way though.)