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Press Release

Former Chesapeake, Virginia Subcontractor Sentenced For Conspiracy To Commit Bribery

For Immediate Release
U.S. Attorney's Office, Eastern District of Virginia

WASHINGTON– Roderic J. Smith, 50, the co-founder and former president of a government contracting company, was sentenced yesterday to 48 months in prison, followed by 1 year of supervised release, for conspiracy to bribe public officials.  Smith was ordered to forfeit $175,000.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, United States Attorney Dana J. Boente, for the Eastern District of Virginia, Special Agent in Charge Robert Craig of the Defense Criminal Investigative Service (DCIS) Mid-Atlantic Field Office, Acting Executive Assistant Director Charles T. May, Jr., of the Naval Criminal Investigative Service (NCIS) Atlantic Operations Royce E. Curtin and Special Agent in Charge Royce E. Curtin of the FBI’s Norfolk Field Office made the announcement today after sentencing by Senior United States District Judge Henry Coke Morgan, Jr. of the Eastern District of Virginia.

On March 5, 2014, Smith pleaded guilty to a criminal information.  According to court documents, Smith was the co-founder and the president of a contracting company located in Chesapeake, Virginia, that sought contracting business from the United States Navy Military Sealift Command.  In approximately November 2004, Smith joined an extensive bribery conspiracy that spanned four years, involved multiple co-conspirators, including two different companies, and resulted in the payment of more than $265,000 in cash bribes, among other things of value, to two public officials performing work for the Military Sealift Command, Kenny E. Toy and Scott B. Miserendino, Sr.  In exchange for the bribe payments, Smith’s business, referred to as Company A in court documents, received lucrative business from the Military Sealift Command that amounted to approximately $3 million in task orders during the time period of the conspiracy.

As part of his guilty plea, Smith also admitted to engaging in a scheme to conceal his criminal activity that involved Smith and others paying a co-conspirator money.  According to the plea agreement, Smith admitted to paying more than $85,000 to his business partner, Dwayne A. Hardman, in an attempt to prevent Hardman from reporting the bribery scheme to law enforcement authorities.

Earlier this year, four other individuals pleaded guilty in connection with the bribery scheme.  On Feb. 12, 2014, Kenny Toy, the former Afloat Programs Manager for the Military Sealift Command’s N6 Command, Control, Communication, and Computer Systems Directorate, pleaded guilty to accepting bribes from Smith and others.  On Feb. 18, 2014, Smith’s business partner, Dwayne A. Hardman, pleaded guilty to bribery.  On Feb. 19, 2014, Smith’s associate, Michael P. McPhail, pleaded guilty to conspiracy to commit bribery.  On April 4, 2014, Smith’s associate, Adam C. White, pleaded guilty to conspiracy to commit bribery.
On May 23, 2014, a grand jury in the Eastern District of Virginia indicted two defendants in connection with the bribery scheme, Scott B. Miserendino, Sr., a former government contractor who performed work for the Military Sealift Command and Timothy S. Miller, a businessman whose company sought contracting business from the Military Sealift Command.  The indictment charges Miserendino with one count of conspiracy to commit bribery, one count of bribery, one count of conspiracy to commit obstruction of criminal investigations and to commit tampering with a witness, and one count of obstruction of criminal investigations.  The indictment charges Miller with one count of conspiracy to commit bribery and two counts of bribery.  Trial is set for Sept. 30, 2014, before Chief Judge Rebecca Beach Smith.
The case was investigated by the FBI, NCIS and DCIS.  The case was prosecuted by Trial Attorney Emily Rae Woods of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Stephen W. Haynie of the U.S. Attorney’s Office for the Eastern District of Virginia.

Updated March 25, 2015