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Justice News

Department of Justice
U.S. Attorney’s Office
Middle District of Alabama

FOR IMMEDIATE RELEASE
Thursday, March 6, 2014

Former Army Corps of Engineers Employee Charged with Bribery of a Public Official

Montgomery, Alabama - A former employee of the United States Army Corps of Engineers made his initial appearance in federal court Wednesday, March 5, 2014, after being indicted by a grand jury for bribery of a public official, announced George L. Beck, Jr., U.S. Attorney for the Middle District of Alabama.

According to the indictment, Dennis Fails, Jr., 55, of Mobile, Ala., solicited a bribe from Kenneth Hornsby, the President and Chief Executive Officer of HCS Group P.C., a firm located in Montgomery, Ala. HCS Group was contracted with the United States Army Corps of Engineers to perform work in Peru. It is alleged that Fails instructed Hornsby to submit billing for nearly $25,000 worth of work that had not been performed. Fails would then ensure the bill was approved for payment and they would split the money between them. After being approached by Fails, Hornsby contacted law enforcement. At their direction, Hornsby submitted the billing which was certified by Fails. Fails later met Hornsby at a rest stop and received $12,000 in cash. Fails was then arrested.

An indictment merely alleges that a crime has been committed and the defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum potential sentence of 15 years in prison. He will also be subject to a fine of up to $250,000.00 and mandatory restitution if convicted. A trial date for Mr. Fails has not yet been scheduled.

This case was investigated by Special Agents with the United States Army Criminal Investigative Command and the Department of Defense Criminal Investigative Service. Assistant United States Attorney Kevin Davidson is prosecuting the case.

PRESS CONTACT: Clark Morris
Email: usaalm.press@usdoj.gov
Telephone: (334) 551-1755
Fax: (334) 223-7617

Updated March 19, 2015