Friday, July 24, 2009
Rockville firm worked with arrested execs
Deaf-services company targeted in federal probe had partnered with Florida company also under investigation
by Kevin James Shay | Staff Writer
Viable, a Rockville company that provides services to deaf people and is the subject of a federal investigation, partnered this year with a Florida company whose owners were recently arrested and charged with conspiracy to defraud the federal government.
But a Viable spokesman said in an e-mail this week that Viable no longer does business with the Florida company.
An affidavit by an FBI agent filed in a federal court in Florida refers to a Rockville company with a background strikingly similar to that of Viable. The agent said a former employee of the Rockville business told investigators that the company in 2006 and 2007 billed for calls that were not properly interpreted.
Yosbel Buscaron and Lazaro Fernandez, co-owners of Innovative Communication Services for the Deaf, a Miami Lakes, Fla., sign language interpreting company that began a partnership with Viable this year, were arrested in late June, according to court documents.
Buscaron has been released on bond and has not been formally indicted, his attorney, Marcia J. Silvers of Miami, said this week. Fernandez's attorney could not be reached.
The affidavit by FBI special agent Joseph P. Gordon details a "company 2" as announcing in a press release on Feb. 9 a partnership with ICSDeaf "to provide a Spanish language capability" for video relay services, which allows people with hearing disabilities to communicate online using interpreters and Web cameras.
Viable's Web site has a press release dated Feb. 9 that announces the ICSDeaf partnership and quotes Buscaron as saying that ICSDeaf and Viable "share much in common; we both are young, minority-owned companies with a deep passion and commitment to communication access and community empowerment."
But Viable does not now do business with ICSDeaf, Glenn Lockhart, a Viable spokesman, said this week.
The affidavit also identifies "company 2" as being established in 2005, headquartered in Rockville and operating or subcontracting call centers in Rockville, Towson, Baltimore, Austin, Texas, and other cities. Viable was formed in 2005 and has call centers in those cities, according to the company's Web site.
Gordon said an interpreter hired by this company in 2006 in Rockville, who worked there until May 2007, told investigators that calls were made there that were not being interpreted. Some callers told this interpreter that they were friends of one of the company's owners, and one said he was paid $20 an hour to make the "run calls," Gordon said. An hour-long video relay call, based on current government reimbursement rates, would be billed to a fund overseen by the Federal Communications Commission and administered by a nonprofit at the rate of $403.80, Gordon said.
The affidavit also details statements by four former employees of ICSDeaf who worked at that Florida company late last year and early this year. The former employees told investigators that similar "run calls" that were not properly interpreted were made at ICSDeaf during their time there, Gordon said.
Lockhart said in another recent e-mail that federal investigators visited the company's headquarters in June, and the company is "cooperating fully" with investigators. He referred specific questions to company attorney Timothy Sullivan, who did not return calls and e-mails last week and this week seeking further comment.
Sullivan is a partner in the Greenbelt law firm Brennan Sullivan & McKenna, with areas of practice that include white-collar crimes, federal trials, ethics and professional responsibility.
"Viable's priorities remain its customers and employees," Lockhart said. "We are proud to be still providing ViableVRS with 24/7 uptime, enabling deaf and hard of hearing people to make and receive phone calls via our videoconferencing technologies and our talented sign language interpreters."
Ian McCaleb, a spokesman for the U.S. Department of Justice, said Monday he could neither confirm nor deny that Viable was under investigation. He also declined to identify "company 2" in Gordon's affidavit.
Employee contacts state about pay
The employment standards unit of the Maryland Department of Labor, Licensing and Regulation's Division of Labor and Industry received a phone call this week from someone who said he worked for Viable and was not paid lately, said Elizabeth Williams, a department spokeswoman. The person was sent a form to file a complaint, she said.
"An employee has to file a complaint in writing before we can open an investigation," Williams said.
The Division of Labor and Industry recovered $1.24 million in wages owed to Maryland workers in fiscal 2008, more than double the roughly $541,000 the previous fiscal year, according to a department news release. State enforcement efforts to help employees who are owed money have been stepped up in recent years.
Viable's offerings include videoconferencing hardware and software, and video-based and on-site interpreting services. The business has grown from a handful of employees to more than 240, with most workers hearing-impaired. Last year, Viable was named one of The Gazette of Politics and Business' Exceptional 53 businesses and nonprofits.