BOSTON – The owner of a charter bus company operating in
Massachusetts was arrested yesterday on charges of bribing a federal safety
investigator in order to influence the safety review of the passenger buses.
The safety manager of the company was previously arrested on the same charges.
Le Wen Wu, 49, and Yat Kuen Chan, aka “Andy,” 41, both of
Quincy, were charged in an indictment unsealed yesterday with one count
conspiracy to pay an unlawful gratuity and to bribe a public official, one
count of unlawful gratuities to a public official, and three counts of bribery
of a public official. Wu, the owner of the company, was released on conditions
following an initial appearance yesterday before U.S. Magistrate Judge M. Page
Kelly. Chan, the safety manager of the company, was arrested on a criminal
complaint on Sept. 19, 2018, and has been released on conditions since that
time. He is scheduled to be arraigned on Nov. 7, 2018.
As alleged in charging documents, L&W Travel Inc. was a
passenger bus charter company purportedly located on Cambridge Street in
Boston. Wu was the owner, president, treasurer, secretary, vice president and
director of L&W, and Chan acted as the safety manager. In January 2018,
L&W applied to register as a charter bus company with the Federal Motor
Carrier Safety Administration (FMCSA). The FMCSA, which is part of the U.S.
Department of Transportation, establishes and enforces safe operating
requirements for motor carriers, including mandatory safety audits within the
first year of operation. Between January and July 2018, the FMCSA made several
unsuccessful attempts to contact L&W to complete its registration process,
including scheduling a safety inspection. In July 2018, having received no
response from L&W, FMCSA sent them an Order revoking their registration and
requiring L&W to cease all interstate transportation. Thereafter, a
representative of L&W contacted FMCSA and scheduled a safety audit and
compliance review on July 26, 2018.
The charging documents allege that on multiple occasions in
July and August 2018, Wu and Chan gave a total of $2,800 in cash to an FMCSA
safety investigator to influence the investigator’s compliance review and
safety audit of L&W. For example, on Aug. 1, 2018 Chan allegedly gave the
investigator $600 so that the investigator would not place an L&W bus
immediately out of service based on two significant safety violations –
inadequate brakes and a defective emergency exit door – but rather, would allow
L&W to fix the brakes in Massachusetts and drive the bus to New Jersey for
repair of the door.
The charge of conspiracy to pay unlawful gratuity and to
bribe a public official provides for a sentence of no greater than five years
in prison, one year of supervised release and a fine of $250,000. The charge of
unlawful gratuities to a public official provides for a sentence of no greater
than two years in prison, one year of supervised release and a fine of
$250,000. The charge of bribery of public officials provides for a sentence of
no greater than 15 years in prison, three years of supervised release and a
fine of $250,000. Sentences are imposed by a federal district court judge based
on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Douglas Shoemaker,
Special Agent in Charge of the U.S. Department of Transportation’s Office of
Inspector General; and Harold H. Shaw, Special Agent in Charge of the Federal
Bureau of Investigation, Boston Field Division made the announcement today.
Assistant U.S. Attorney Kristina Barclay of Lelling’s Public Corruption and
Special Prosecutions Unit is prosecuting the case.
The details contained in the indictment are allegations. The
defendants are presumed innocent unless and until proven guilty beyond a
reasonable doubt in a court of law.
No comments:
Post a Comment