MIDDLE DISTRICT OF FLORIDA
The United States of America, acting through its attorneys, charges:
(18 U.S.C. § 371)
1. ANGEL L. RODRIGUEZ VASQUEZ is hereby made a defendant on the charge contained in this Information.
I. DEFENDANT AND CO-CONSPIRATORS
During the period covered by this Information:
2. The defendant was employed as a sales representative for Fisher Scientific International, LLC ("Fisher Scientific") in Puerto Rico. Fisher Scientific, which was headquartered in Pittsburgh, Pennsylvania, sold homeland security products. The defendant's territories with Fisher Scientific included Puerto Rico and the United States Virgin Islands ("Virgin Islands"). As part of his duties, the defendant negotiated contracts with Virgin Islands government officials for the purchase of Fisher Scientific products, including emergency vehicle equipment.
3. Co-Conspirator One ("CC-1") was employed as a sales representative for JPS Communications, Inc. ("JPS") and worked from his home office in Kissimmee, Florida. JPS, a subsidiary of Raytheon Company, was headquartered in Raleigh, North Carolina, and specialized in telecommunications equipment for homeland security. JPS served as the prime contractor for the sale of emergency vehicles to the Virgin Islands government.
4. Co-Conspirator Two ("CC-2") was employed as general manager of AK Specialty Vehicles, LLC ("AKSV"). AKSV sold emergency vehicles and was headquartered in Harvey, Illinois, with its principal place of business in Sanford, Florida. AKSV was a subcontractor of JPS on the Virgin Islands emergency vehicles contract.
II. DESCRIPTION OF THE OFFENSE
5. Beginning at least as early as September 2003, and continuing thereafter at least through July 2005, the exact dates being unknown to the United States, in the Middle District of Florida and elsewhere, the defendant, CC-1, and CC-2 did unlawfully, willfully, and knowingly conspire, combine, confederate, and agree in violation of Title 18, United States Code, Section 371, to commit offenses against the United States, to wit, to violate Title 18, United States Code, Sections 1343 and 1346.
6. It was a part and object of said conspiracy that the defendant, CC-1, and CC-2, having devised and intending to devise a scheme and artifice to defraud Fisher Scientific and deprive Fisher Scientific of its right to the honest services of the defendant, executed such scheme and artifice to defraud by causing to be transmitted by means of wire communication in interstate commerce a signal for the purpose of executing such scheme, namely, the wire transfer of secret commission payments from a bank account in Florida belonging to Advance Vehicle Systems, LLC ("AVS"), to the defendant's bank account in Puerto Rico.
III. THE MANNER AND MEANS BY WHICH THE
7. The defendant, CC-1, and CC-2 participated in a scheme to defraud Fisher Scientific, whereby they agreed to make secret commission payments to the defendant through his Banco Popular de Puerto Rico bank account in exchange for the defendant's assistance in facilitating the sale of emergency vehicles from JPS to the Virgin Islands government. As a result of the scheme and artifice to defraud, the defendant agreed to accept $24,976.00 in secret commission payments, which rightfully should have been paid to Fisher Scientific. These payments to the defendant were concealed from Fisher Scientific.
8. The defendant had a fiduciary duty to transact business in the best interests of his employer, Fisher Scientific, and to act honestly and faithfully in all of his dealings with Fisher Scientific. In addition, the defendant had a duty to make a full and fair disclosure of any income (commission payments) he received, or expected to receive, from any person doing business with Fisher Scientific during the course of his employment with Fisher Scientific. The defendant breached his fiduciary duty to Fisher Scientific by receiving secret commission payments, by wire transfer, to his bank account arising from the emergency vehicles contract between JPS and the Virgin Islands government. The defendant foresaw or reasonably should have foreseen that Fisher Scientific might suffer an economic harm as a result of his breach of fiduciary duty to Fisher Scientific.
9. For the purpose of forming and effectuating the aforesaid conspiracy, the defendant, CC-1, and CC-2 did those things that they combined and conspired to do, including, among other things:
IV. OVERT ACTS
10. In furtherance of the conspiracy and to effect the illegal objects thereof, the defendant, CC-1, and CC-2 committed overt acts in the Middle District of Florida and elsewhere, including, but not limited to:
V. JURISDICTION AND VENUE
11. The conspiracy charged in this Information was formed and carried out, in part, in the Middle District of Florida within the five years preceding the filing of this Information.
ALL IN VIOLATION OF TITLE 18, UNITED STATES CODE, SECTION 371.
Dated this 9th day of October, 2007.