Former director of the Department of Human Resources Evelyn Langford has been charged with two federal counts for allegedly accepting more than $200,000 from an official of the Hawai’i based company, which was awarded a multi-million dollar contact under the federal National Emergency Grant program of the U.S. Department of Labor (USDOL).

Filed last Thursday with the federal court  in San Francisco, the four-page information complaint charges Langford with one count each of wire fraud and “bribery concerning programs receiving federal funds”.

Federal electronic court records do not show an attorney for Langford and a spokesperson for the U.S. Attorney’s Office in San Francisco declined to comment on Samoa News questions.

Samoa News sent a request to Langford for comments on the case through two email addresses but there was no immediate reply.

Langford also served as the Governor’s Authorized Representative (GAR), under former Governor Togiola Tulafono, following the 2009 earthquake and tsunami, which resulted in USDOL awarding American Samoa just over $24 million in NEG money, administered locally by the Human Resources Department.

Court documents state that count one has a maximum penalty of 20 years imprisonment and a $250,000 fine; while count two’s maximum penalty is 10 years in jail and a $250,000 fine.

COMPLAINT

According to the complaint, the Native Hawaiian Holding Company (NHHC) — which received some NEG funds following the tsunami— was contracted by ASG in February 2012 to develop a “Call Center” industry in the territory, through a training and employment program.

The contract also provided for job placement and support services for American Samoa residents through a so-called “One-Stop” career and training center for workforce development.

NHHC’s NEG contract was signed by Quin Rudin, a resident of Southern California who had presented himself to Langford and others as being associated with several companies including NHHC and Dearborne International Inc.

Sometime between Feb. 13-14, 2012, Rudin signed the contract, which provided for payments of $4.7 million of NEG funds, the complaint states and cited provisions of the NHHC’s NEG contract, which includes the section entitled, “Prohibition Against Gratuities and Kickbacks”.

This provision outlines specific details of what is prohibited to be done by any current or former ASG employee, as well as any agent or representative of NHHC, in regards to the NEG award. It also bars ASG former and current employees from getting anything of value from the contractor.

Wire Fraud

Prosecutors allege that between April 2012 and continuing to the end of 2012 the defendant knowingly and with intent devised and executed a scheme to defraud the USDOL to obtain money and property of USDOL.

The “scheme and artifice” consisted of Langford accepting gifts, payments and other things of value totaling at least $250,000 form Rudin and from companies associated with him and “then taking steps to hide, conceal and cover up her activity and the nature and scope of her dealings with Rudin,” prosecutors further allege.

Additionally, Langford failed to advise other employees of ASG and USDOL — as required by provision of the contract — that she had received gifts, payment and other things of value from NHHC, Rudin and from companies associated with Rudin.

In executing the scheme, prosecutors allege that $250,000 was wire transferred from NHHC’s bank in northern California to Langford’s bank in Texas.

Bribery Charge

For the second count, prosecutors allege that around May 7, 2012, the defendant did corruptly solicit, accept and agree to accept a thing of value from another for her benefit and the benefit of another, intending to be influenced and rewarded in connection with any business transaction and serious of transactions of the ASG involving anything of value of $5,000 or more.

In particular, the government alleges that Langford, “solicited, accepted and agreed to accept a $250,000 payment from Rudin.”

RUDIN’S CASE

Last week Friday, prosecutors in the Langford case informed the federal court in San Francisco that this new case is related to the federal government case against Rudin, who pleaded guilty last year to two counts of wire fraud and one count of aggravated identify theft.

According to the prosecutors, Rudin and his company are “alleged to have provided bribes in the form of gifts and payments” to Langford, who was involved in Rudin’s company’s receipt of a grant from the federally-funded program.

Although Rudin is not named as a defendant in the Langford case, “he is nevertheless alleged to be a participant in the criminal conduct in that [Langford] case” and Rudin’s activities will be at issue in the Langford case.

Prosecutors have asked that U.S. District Court Judge Jon S. Tigar, who is presiding over Rudin’s case, also be assigned the Langford case.

The government’s case against Rudin  is not related to the NHHC’s NEG contract but deals with another mainland company that he is accused of defrauding.

Samoa News should point out that there is no date for Rudin's sentencing, but several documents have been filed under seal since last year, per order of the court.