Former U.S. Army Lieutenant Colonel Sentenced to Three Years in Federal Prison for Accepting Gratuities

In San Antonio today, a federal judge sentenced 49-year-old Mark L. Moss of Cibolo, TX, to three years in federal prison for accepting gratuities from businessmen while serving as a military unit commander in Kuwait.  In addition to the prison term, U. S. District Judge Orlando Garcia ordered that Moss pay $253,000 restitution and be placed on supervised release for a period of three years after completing his prison term.

That announcement was made today by United States Attorney Richard L. Durbin, Jr.; Special Agent in Charge Janice M. Flores, Defense Criminal Investigative Service’s Southwest Field Office; Special Agent in Charge Scott Wilk, U.S. Army Criminal Investigation Command Southwestern Fraud Field Office; Special Agent in Charge Christopher Combs, Federal Bureau of Investigation; and, Special Agent in Charge William Cotter, Internal Revenue Service-Criminal Investigation.

“Mr. Moss corrupted the military procurement process for personal gain. While service members in a conflict zone made great sacrifices, Mr. Moss used his position to line his pockets with a quarter million dollars,” stated United States Attorney Richard L. Durbin, Jr.

In September 2014, Moss pleaded guilty to one count of acts affecting a personal financial interest.  By pleading guilty, Moss admitted to accepting $253,000 from two business owners and their respective agents while he served as a designated unit commander for the Area Support Group in Camp Arifjan, Kuwait.  Those Kuwait-based businesses included Al-Pacific LTD Est. for Electronics (Al-Pacific), an electronics communications and services company which primarily provided the access, installation, maintenance of cable and satellite television as well as internet connectivity to the base; and, Makhpiya Project Management (MPM), a general contractor specializing in engineering, construction and communications.

According to court records, from November 2007 until June 2010, Moss accepted and received the funds in exchange for favoring Al-Pacific and MPM during the Army contract award selection process; recommending MPM as a subcontractor to other companies that were awarded contracts; and, expediting Al-Pacific and MPM’s request for security badges allowing both companies more efficient access to the base.

“Misusing his position of trust as a Lieutenant Colonel in the U.S. Army, Mr. Moss accepted at least $253,000 in money and gratuities from several companies seeking contracts with the U.S. Government.  Today's sentencing demonstrates the severe criminal penalties that result when Government officials, motivated purely by greed, betray their oath to this great country and its citizens for their own personal benefit.  IRS Criminal Investigation, along with our law enforcement partners and the United States Attorney's Office, remain vigilant in identifying, investigating and prosecuting those who seek to willfully defraud the U.S Government and its taxpayers,” stated IRS-Criminal Investigation Special Agent in Charge William Cotter.

The case resulted from an investigation by the Defense Criminal Investigative Service (DCIS), U.S. Army Criminal Investigation Command (CIDC) Southwestern Fraud Field Office, Internal Revenue Service-Criminal Investigation and the Federal Bureau of Investigation.  Assistant United States Attorney Tom Moore prosecuted this case on behalf of the Government.