ML20136B077

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Provides Advice on Consultation of Draft Referral Ltr to DOJ Re Investigations at Western Stress,Inc & Spectronics Inc
ML20136B077
Person / Time
Issue date: 03/08/1991
From: Fitzgerald J
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To: Hayes B
NRC OFFICE OF INVESTIGATIONS (OI)
Shared Package
ML20136A614 List:
References
FOIA-96-475 NUDOCS 9703100156
Download: ML20136B077 (1)


Text

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MEMORANDUM FOR: Ben B. Hayes, Director Office of Investigat n FROM: James A. Fitzgerald Assistant General C nsel for Adjudications & Opinions

SUBJECT:

DRAFT REFERRAL LETTERS TO DEPARTMENT OF JUSTICE REGARDING INVESTIGATIONS AT WESTERN STRESS, INC. (Case No. 4 014) & SPECTRONICS, INC. (Case No. 2-90-014)

This letter constitutes our advice on consultation regarding your draft referral letter to the Department of Justice.

WESTERN STRESS, INC.

18 U.S.C. 1001 and 42 U.S.C. 2273 The facts you relate support your conclusions regarding potential violations of the above statutory provisions.

SPECTRONICS, INC.

18 U.S.C. 1001, 1341 and 1343 The facts you relate support your conclusions regarding potential violations of the above statutory provisions.

Contact:

Carolyn F. Evans x21632 L

I 9703100156 970301 PDR FOIA .

a. <i LAMBERT 96-475 PDR t' / :

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  1. [ ) UNITED STATES NUCLEAR REGULATORY COMMISSION r,,
p WASHINGTON, D. C. 20555 s-4 .

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w Jdg Mr. James Reynolds, Acting Chief

, General Litigation and

Legal Advice Section Criminal Division i U.S. Department of Justice P.O. Box 887 Ben Franklin Station Washington, DC 20044-0887

Dear Mr. Reynolds:

Enclosed is a Report of Investigation (Case No. 2-90-014) concerning Spectronics, Inc., Mobile, Alabama, and Stokley Enterprises, Inc., Norfolk, Virginia. This investigation revealed that Spectronics' Vice President, Eugene (Pete) Tolbert, sold refurbished surplus electrical components which eventually were placed into service at various nuclear power plants. Tolbert l represented the relays as being new.  ;

Althoughtheinvestigationreveale$n~oapplicableU.S.NuclearRegulatory

Commission regulations were violated by Tolbert, the investigation disclosed potential violations of 18 U.S.C. 1341, 18 U.S.C 1343, and 18 U.S.C. 1001.

These violations related to Tolbert's use of interstate telephone calls and '

the U.S. Mail to carry out the fraudulent sales and subsequent payments.

Tolbert also knowingly submitted a false certificate of compliance to the U.S. Government for which he received payrient.

Information was provided to the U.S. Naval Investigative Service when evidence was discovered that Tolbert and others had fraudulently sold refurbished products to companies which build ships for the U.S. Navy. As a result of 4 this information, Paul Cassell, Assistant U.S. Attorney, Eastern District of

Virginia, has begun criminal prosecutive action regarding the activities of
Tolbert and other electrical distributors in the Norfolk, Virginia, area.

4 Cassell requested a copy of the enclosed investigative report for possible 1 inclusion in the pending action. I j If you have any questions regarding this matter, please contact James Y.

Vorse, Field Office Director, or Investigator Gary H. Claxton, NRC Office of

investigations, Region II, at FTS 841-6502.

Sincerely, Ben B. Hayes, Director Office of Investigations

Enclosure:

As stated j

Mr. James Reynolds 2

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P. Cassel, AUSA '/ ~

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..d i U.S. Courthouse Room 401 600 Granby Street Norfolk, VA 23510 cc w/o encl:

Chairman Carr Coadissioner Rogers Comissions Curtiss Comissioner Remick J. Taylor. EDO W. Parler, OGC L. Chandler, 0GC H. Thompson, Jr., DEDS J. Lieberman, OE T. Murley NRR

5. Ebneter, RA:RII v' . Vorse, RA:RII ,l D. Comptcn, NIS l

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