Federal Communications Commission 

                              Enforcement Bureau 
                         Investigations and Hearings Division 
                                 45 L Street, NE 
                              Washington, DC 20554 

                                 April 16, 2025 
                                                                     DA 25-332 

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED 

Mr. Simon Goldbrener 
c/o Jacob Laufer, Esq. 
Jacob Laufer, P.C. 
65 Broadway, Suite 1005 
New York, NY 10006-2553 

      Re:  Notice of Suspension and Initiation of Debarment Proceeding 
         File No. EB-IHD-24-00036788 

Dear Mr. Goldbrener: 

      The Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission or 
FCC) received notice of your conviction of conspiracy to commit wire fraud, in violation of 18 U.S.C. 
§ 371, arising out of activities associated with the federal schools and libraries universal service support
mechanism (E-Rate program).1  The conspiracy involved “transmit[ting] false documents and
certifications across state lines via the internet to obtain payment from the Universal Service
Administrative Company (USAC), a non-profit corporation which is in turn regulated and funded by the
Commission, under the E-Rate program.”2  Consequently, pursuant to 47 CFR § 54.8, this letter
constitutes official notice of your suspension from the E-Rate program and all federal universal service
support mechanisms.3  While suspended, you are prohibited from participating in or receiving any benefit
associated with all federal universal service support mechanisms, including the E-Rate program.
Additionally, in accordance with its rules, the Bureau is commencing a proceeding to debar you from
future participation in all federal universal service support mechanisms for three years.4

1 Any further reference in this letter to “your conviction” refers to your guilty plea and subsequent sentencing in 
United States v. Goldbrener et al., Case No. 7:18-cr-00614, Plea Agreement (S.D.N.Y., filed Dec. 13, 2022) 
(Plea Agreement). 
2 United States v. Goldbrener et al., Case No. 7:18-cr-00614, Indictment (S.D.N.Y., filed Aug. 27, 2018) 
(Indictment). 
3 47 CFR § 54.8. 
4 Id.; 47 CFR § 0.111 (delegating to the Enforcement Bureau authority to resolve universal service suspension and 
debarment proceedings).  The Commission adopted debarment rules for the E-Rate program in 2003.  See Schools 
and Libraries Universal Service Support Mechanism, Second Report and Order and Further Notice of Proposed 
Rulemaking, 18 FCC Rcd 9202 (2003) (Second Report and Order) (adopting section 54.521 to suspend and debar 
parties from the E-Rate program).  In 2007, the Commission extended the debarment rules to apply to all federal 
universal service support mechanisms.  See Comprehensive Review of the Universal Service Fund Management, 
Administration, & Oversight, Report and Order, 22 FCC Rcd 16372, 16410–12 (2007) (Program Management 
Order) (renumbering section 54.521 of the universal service debarment rules as section 54.8 and amending 
subsections (a)(1), (a)(5), (c), (d), (e)(2)(i), (e)(3), (e)(4), and (g)). 

Mr. Goldbrener 
April 16, 2025 
Page 2 

I.    Notice of Suspension

      The Commission has established procedures to prevent persons who have “defrauded the 
government or engaged in similar acts through activities associated with or related to the [E-Rate 
program]” from receiving the benefits associated with that program.5  The statutory provisions and 
Commission rules relating to the E-Rate program are designed to ensure E-Rate funds are used for their 
intended purpose.6  Schools may receive E-Rate program funding for eligible goods and services by filing 
application forms, seeking competitive bids, and selecting the most cost-effective vendor.7  The E-Rate 
program rules prohibit an E-Rate vendor or anyone associated with an E-Rate vendor from participating 
in the application process or vendor selection.8  Solicitations for E-Rate services must be based on fair 
and open competitive bidding free from any conflicts of interest.9 

      You pleaded guilty to a wire fraud conspiracy that involved knowingly and willfully devising a 
scheme to obtain money from the E-Rate program fraudulently.10  For more than five years you posed as a 
Rockland County, New York-based independent educational consultant working for private religious 
schools that desired to participate in the E-Rate program.11  In fact, you worked with and for your co-
conspirators who acted as vendors to the same schools.12  Together, you and your co-conspirators 
perpetrated a scheme whereby you prepared E-Rate requests in the schools’ names, materially overbilled 
for services and equipment provided through E-Rate funds, requested hundreds of thousands of dollars of 
technology equipment purportedly for the schools, and falsely claimed that the equipment and services 
were provided to the schools.13  The scheme resulted in millions of dollars in E-Rate funds being paid to 
your co-conspirators.14  You enriched yourself at the expense of the underprivileged children the program 
was designed to serve by accepting hundreds of thousands of dollars in payments from the vendors, while 
fraudulently presenting yourself as an independent contractor.15  


5 Second Report and Order, 18 FCC Rcd at 9225, para. 66; Program Management Order, 22 FCC Rcd at 16387, 
para. 32.  The Commission’s debarment rules define a “person” as “[a]ny individual, group of individuals, 
corporation, partnership, association, unit of government or legal entity, however organized.”  47 CFR § 54.8(a)(6). 
6 NEC-Business Network Solutions, Inc., Notice of Debarment and Order Denying Waiver Petition, 21 FCC Rcd 
7491, 7493, para. 7 (2006). 
7 47 CFR §§ 54.503, 54.504(a), 54.511(a). 
8 Id. §§ 54.503, 54.511(a); see also USAC, Open & Fair Process, https://www.usac.org/e-rate/applicant-
process/competitive-bidding/open-fair-process/ (last visited April 2, 2025). 
9 47 CFR §§ 54.503, 54.511(a). 
10 Plea Agreement, supra note 1, at 1. 
11 Indictment, supra note 2, at 5. 
12 Id. at 8-9. 
13 Id. at 5-8. 
14 Id. 
15 Id. 

Mr. Goldbrener 
April 16, 2025 
Page 3 

      In November 2022, the United States District Court for the Southern District of New York 
sentenced you to twenty-four months imprisonment followed by two years of supervised release.16  The 
court also ordered you to pay $479,357.18 in restitution and a $100 special assessment fee.17 

      Pursuant to section 54.8(d) of the Commission’s rules,18 your conviction requires the Bureau to 
suspend you from: (a) participating in any activities associated with or related to the E-Rate program, 
including the receipt of funds or discounted services through the E-Rate program, or consulting with, 
assisting, or advising applicants or service providers regarding the E-Rate program; and (b) participating 
in any activities associated with or related to all federal universal service support mechanisms.19  Your 
suspension becomes effective upon either your receipt of this letter or its publication in the Federal 
Register, whichever comes first.20 

      In accordance with the Commission’s suspension and debarment rules, you may contest this 
suspension or the scope of this suspension by filing arguments, with any relevant documents, within thirty 
calendar days of your receipt of this letter or its publication in the Federal Register, whichever comes 
first.21  Such requests, however, will not ordinarily be granted.22  The Bureau may reverse or limit the 
scope of a suspension only upon a finding of extraordinary circumstances.23  The Bureau will decide any 
request to reverse or modify a suspension within ninety calendar days of its receipt of such request.24 

II.   Initiation of Debarment Proceedings

      In addition to requiring your immediate suspension from all federal universal service support 
mechanisms, including the E-Rate program, your conviction is cause for debarment as defined in section 
54.8(c) of the Commission’s rules.25  Therefore, pursuant to section 54.8(b) of the Commission’s rules, 
your conviction requires the Bureau to commence debarment proceedings against you.26 


16 Plea Agreement, supra note 1, at 2-3. 
17 Id. at 6.  The restitution amount in its entirety is payable to USAC. 
18 47 CFR § 54.8(d); see Second Report and Order, supra note 4, at 9225–27, paras. 67–74. 
19 47 CFR § 54.8(a)(1), (d). 
20 Id. § 54.8(e)(1); Second Report and Order, supra note 4, at 9226, para. 69.  
21 47 CFR § 54.8(e)(4). 
22 Id. 
23 47 CFR § 54.8(f). 
24 Id. § 54.8(e)(5), (f); Second Report and Order, supra note 4, at 9226, para. 70. 
25 “Causes for suspension and debarment are conviction of or civil judgment for attempt or commission of criminal 
fraud, theft, embezzlement, forgery, bribery, falsification or destruction of records, making false statements, 
receiving stolen property, making false claims, obstruction of justice and other fraud or criminal offense arising out 
of activities associated with or related to the schools and libraries support mechanism, the high-cost support 
mechanism, the rural healthcare support mechanism, and the low-income support mechanism.”  47 CFR § 54.8(c).  
Associated activities “include the receipt of funds or discounted services through [the federal universal service] 
support mechanisms, or consulting with, assisting, or advising applicants or service providers regarding [the federal 
universal service] support mechanisms.”  Id. § 54.8(a)(1). 
26 Id. § 54.8(b). 

Mr. Goldbrener 
April 16, 2025 
Page 4 

      As with the suspension process, you may contest the proposed debarment or the scope of the 
proposed debarment by filing arguments and any relevant documentation within thirty calendar days of 
receipt of this letter or its publication in the Federal Register, whichever comes first.27  The Bureau, in the 
absence of extraordinary circumstances, will notify you of its decision to debar within ninety calendar 
days of receiving any information you may have filed.28  If the Bureau decides to debar you, its decision 
will become effective upon either your receipt of a debarment notice or publication of the decision in the 
Federal Register, whichever comes first.29 

      If and when your debarment becomes effective, you will be prohibited from participating in 
activities associated with or related to federal universal service support mechanisms, including the E-Rate 
program, for three (3) years from the date of debarment.30  The Bureau may set a longer debarment period 
or extend an existing debarment period if necessary to protect the public interest.31  Pursuant to the 
Commission’s rules, should you choose to contest the scope or length of any such debarment, you must 
file arguments and any relevant documentation within thirty calendar days of receipt of notice or 
publication in the Federal Register of such debarment, whichever is earlier.32 

      Please direct any response as follows: 

      If sent by messenger or hand delivery, or by commercial overnight mail (other than U.S. Postal 
Service Priority Mail, Priority Mail Express, and Priority Mail), the response must be sent to Marlene H. 
Dortch, Secretary, Federal Communications Commission, to the attention of Christopher J. Sova, Chief, 
Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, 9050 
Junction Drive, Annapolis Junction, MD, 20701.  Hand-delivered or messenger-delivered paper filings for 
the Commission’s Secretary are accepted between 8:00 a.m. and 4:00 p.m. by the FCC’s mailing 
contractor at 9050 Junction Drive, Annapolis Junction, MD, 20701.  All hand deliveries must be held 
together with rubber bands or fasteners.  Any envelopes and boxes must be disposed of before entering 
the building. 

      If sent by First-Class Mail, Priority Mail Express, or Priority Mail, the response must be sent to 
Christopher J. Sova, Chief, Investigations and Hearings Division, Enforcement Bureau, Federal 
Communications Commission, 45 L Street, NE, Washington, DC 20554. 

      You must also transmit an electronic copy of the response and all Documents produced with the 
response via e-mail to IHDTelecom@fcc.gov. 


27 Id. § 54.8(e)(3); Second Report and Order, supra note 4, at 9226, para. 70. 
28 47 CFR § 54.8(e)(5); Second Report and Order, supra note 4, at 9226, para. 70. 
29 47 CFR § 54.8(e)(5).  The Commission may reverse a debarment, or may limit the scope or period of debarment, 
upon a finding of extraordinary circumstances, following the filing of a petition by you or an interested party or 
upon motion by the Commission.  Id. § 54.8(f). 
30 47 CFR § 54.8(d), (g); Second Report and Order, supra note 4, at 9225, para. 67. 
31 47 CFR § 54.8(g). 
32 Id. § 54.8(e)(4). 

Mr. Goldbrener 
April 16, 2025 
Page 5 

      The electronic copy shall be produced in a format that allows the Commission to access and use 
it, together with instructions and all other materials necessary to use or interpret the data, including record 
layouts, data dictionaries, and a description of the data’s source.  If you have any questions, please contact 
Christina Thomas at Christina.Thomas@fcc.gov or (202) 418-1879. 

                                    Sincerely, 


                                    Christopher J. Sova 
                                    Chief 
                                    Investigations and Hearings Division 
                                    Enforcement Bureau