United States of America v. Alan Hayward James

Honolulu, Hawaii, criminal defense lawyers represented the Defendant charged with conspiracy to commit wire fraud, bribery and conspiracy to rig bids for government contracts.

Alan Hayward James, 51, of Texas, and his coconspirators falsely inflated the cost of IT contracts serving U.S. Air Force installations across the Pacific. James and his coconspirators agreed to use the excess funds to pay James, James’ family members, the family of an Air Force civilian employee, and other co-conspirators. As part of this scheme, the conspirators diverted government funds to pay for an all-expenses-paid multi-day stay at a luxury resort on the North Shore of Oahu in 2023. Also, from at least May 2019 until about October 2022, the defendant directed co-conspirators — who were supposed to be competitively bidding against one another to win government contracts — on the amounts they should bid to circumvent the competitive bidding process. As a result of the defendant’s actions, the government overpaid for IT contracts by at least $37 million.

The maximum penalty for conspiracy to commit wire fraud is 20 years in prison and a $250,000 fine. The maximum penalty for bribery is 15 years in prison and a fine of either $250,000 or three times the monetary value of the bribe, whichever is greater. The maximum penalty for a conspiracy to rig bids in violation of the Sherman Act for an individual is 10 years in prison and a $1 million fine. The fines may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime if either amount is greater than the statutory maximum fines. James agreed to pay a restitution of at least $1,451,656.80 to the Department of War. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Antitrust Division’s San Francisco Office and the U.S. Attorney’s Office for the District of Hawaii are prosecuting the case, which was investigated with the assistance of DOD-OIG-DCIS, AFOSI, and GSA-OIG. Rebecca A. Bers, Don Daniel, Matthew Chou, and Albert B. Sambat of the Antitrust Division’s San Francisco Office, and Darren W.K. Ching of the U.S. Attorney’s Office for the District of Hawaii, are prosecuting this case.

The Defendant, a Master Sergeant of the U.S. Air Force, elected to plead guilty and to pay $1.4 million in restitution.