doj.gif

NEWS RELEASE

OFFICE OF THE UNITED STATES ATTORNEY

WESTERN DISTRICT OF MISSOURI


JOHN F. WOOD


Contact Don Ledford, Public Affairs ● (816) 426-4220 ● 400 East Ninth Street, Room 5510 ● Kansas City, MO 64106

www.usdoj.gov/usao/mow/index.html


AUGUST 1, 2008

FOR IMMEDIATE RELEASE


BOSNIAN NATIONAL SENTENCED FOR CONSPIRACY

TO PROVIDE FRAUDULENT LICENSES

AT WEST PLAINS SCHOOL


            SPRINGFIELD, Mo. – John F. Wood, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was sentenced in federal court today for his role in a conspiracy to provide fraudulent commercial driver’s licenses to large numbers of Somali and Bosnian nationals.


            Adil Majlovic, 21, a citizen of Bosnia who resides in Kansas City, was sentenced by U.S. District Judge Gary A. Fenner this morning to six months in federal prison without parole.


            On Jan. 30, 2008, Majlovic pleaded guilty to participating in a mail fraud conspiracy from April 1, 2003, to Feb. 6, 2006, that defrauded others by denying the public the right of honest services of contract employees of the state of Missouri. The conspiracy involved fraudulent testing for commercial driver’s licenses on the part of the South Central Career Center Truck Driver Training School (SCCC) in West Plains, Mo.


            Majlovic assisted the conspiracy by traveling to West Plains in December 2005 and participating in a scheme by co-defendants Orbin Dale May, 64, of West Plains, and Ernest Arnel White, also known as Mustafa, 50, of Kansas City, to simulate a driving test in order for White to obtain a commercial driver’s license (CDL) by fraudulent means. May was employed at SCCC (at that time a division of the West Plains R-7 School District) to train truck drivers and administer CDL driving tests. White operated Muslim Brothers and Sisters (MBS), a trucking company that operated a truck driving training school in Kansas City, which directed individuals to SCCC in order to obtain a Missouri CDL.


            Majlovic also attempted to arrange for White to train students that he directed to White's school. Majlovic had reason to believe, based upon the circumstances, that the CDL driving tests these students would take would be improperly administered by May.


            Majlovic is the first co-defendant to be sentenced among eight co-defendants who have pleaded guilty to participating in the conspiracy.


            Co-defendant Dean P. Proffitt, 73, of West Plains, pleaded guilty on June 26, 2008. Proffitt, the superintendent of SCCC, admitted that he counseled and encouraged May and others to defraud the West Plains R-7 School District.


            May had an agreement with White to give preferential treatment to students of White’s truck driving school and to permit White’s students to take CDL driving tests

on Saturdays or Sundays, contrary to the CDL testing contract between SCCC and the Missouri

Department of Revenue or state regulations. May would receive payment from White above the amounts which SCCC was charging others for administration of the CDL driving test, keeping the excess payment for himself rather than remitting the funds to the school district.


            Proffitt knew or had reason to believe that May and White had this agreement, but willfully ignored the obvious actions of May and White, and encouraged May to conduct tests on Saturdays or Sundays, a preferential treatment not offered or given to others desiring to take the CDL test at SCCC. Proffitt knew of and encouraged May to accord this preferential treatment to students of White. Proffitt knew that May was receiving an excess payment of at least $20 per student that May “passed” from White’s school and that May was not remitting this money to the school district.


            Altogether, May passed approximately 300 students this way with Proffitt’s encouragement, leading to a fraud upon the school district of approximately $6,000, which May received as a bribe for the illegal testing.


            May pleaded guilty on Nov. 9, 2007. May admitted that he gave incomplete or inadequate driving tests and fraudulently certified that applicants had legitimately passed the driving tests. May submitted fraudulent CDL forms, indicating that applicants had successfully completed the competency test, to the SCCC office, which then mailed them to the Missouri Department of Revenue. May would provide the applicant with a copy of the certifying document that could be used to obtain the CDL at a Missouri Department of Revenue office.


            White pleaded guilty on Dec. 19, 2007. White admitted that he had an agreement with May that May would give incomplete or inadequate driving tests to MBS students, fraudulently certify that the students had legitimately passed the driving test, and mail the certifying documents to the Missouri Department of Revenue.


            Co-defendant Howard E. Schneider, 41, of Overland Park, Kan., pleaded guilty on Nov. 28, 2007. Schneider is the owner of H.E. Schneider Trucking Company in Kansas City, Kan., and involved in the operation of Muslim Brothers and Sisters. Schneider admitted that he assisted in directing individuals to SCCC in order to fraudulently obtain commercial driver’s licenses. Schneider also took the CDL driving test at SCCC on Jan. 24, 2005, and knew that the test was not legitimately administered.


            Co-defendant Abdulfatah Osman Farah, 26, a citizen of Somalia living in Kansas City, pleaded guilty on Dec. 10, 2007. Farah admitted that he obtained a CDL after testing at SCCC on Dec. 28, 2004. According to the plea agreement, May administered the CDL driving test. While Farah took two of the three portions of the driving test, White drove the tractor trailer in order to assist Farah in successfully completing the last portion of the driving test. May then certified that Farah had passed his driving test, and sent a copy of the certifying document to the Missouri Department of Revenue. Afterward, Farah assisted White in taking students to SCCC in order to obtain a CDL in the same way. On several occasions, Farah simulated a driving test with May’s assistance, in order to help those students pass the CDL test.    


            Co-defendant Ahmed Muhidin Sharif, 29, a citizen of Somalia living in Kansas City, Mo., pleaded guilty on Nov. 9, 2007. Sharif assisted White by transporting students from Muslim Brothers and Sisters truck driving school to SCCC, knowing that May would fraudulently administer the competency tests. Sharif made about 15 trips in which he transported 70 to 80 students of Somali descent to West Plains in order to fraudulently obtain CDLs. Sharif knew that the tests were being fraudulently administered by May, and observed May give incomplete or inadequate CDL driving tests to the students.


            Co-defendant Abdiwahab Mohamud Mohamed, 39, a citizen of Somalia living in Minneapolis, Minn., pleaded guilty on Oct. 31, 2007. Mohamed, who had fraudulently obtained a CDL after purportedly testing at SCCC, directed students from the state of Minnesota to SCCC in order to obtain fraudulent CDLs. Mohamed was directed to White by an acquaintance in Minnesota who informed him that White’s school would only cost $800, as opposed to the $5,000 for a legitimate CDL school in Minnesota. White took Mohamed to SCCC, where he was tested by May. Mohamed, who had never driven a tractor trailer prior to traveling to West Plains, drove a tractor-trailer around the parking lot at SCCC for 10 minutes. Normally the CDL test takes two hours to complete.


            A commercial driver’s license allows a person to operate heavy commercial trucks – such as 18-wheel tractors and trailers – and buses on the public highways. In order to obtain a CDL, a driver-applicant must first pass a written test. If the driver-applicant passes the written test, he is issued a temporary permit and must then take the practical “skills test” or “competency test” administered either by the Missouri State Highway Patrol or a third-party tester, such as SCCC. This second test requires the driver-applicant to physically demonstrate his knowledge and ability to inspect and safely drive a commercial vehicle. These tests are required and regulated by both federal and state laws.


            This case is being prosecuted by Assistant U.S. Attorney Randall D. Eggert. It was investigated by the Federal Bureau of Investigation, the Missouri State Highway Patrol, the Kansas City, Mo., Police Department, the Kansas City, Kan., Police Department, the Bureau of Immigration and Customs Enforcement, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Overland Park, Kan., Police Department, the U.S. Postal Inspection Service, the Missouri Department of Revenue, the Kansas Bureau of Investigation, and the Springfield, Mo., Police Department.


****************

This news release, as well as additional information about the office of the United States Attorney for the Western District of Missouri, is available on-line at

www.usdoj.gov/usao/mow/index.html