United States District Court, D. New Jersey, Camden Vicinage
B. KUGLER UNITED STATES DISTRICT JUDGE.
Alfay Salama Markus sold confidential bidding information
concerning U.S. government contracts in Iraq in exchange for
kickbacks and bribes and did not report this income for the
purposes of his taxes. Now the Government seeks to impose
penalties for this failure to report and has moved for
summary judgment. (ECF No. 31.) Markus, apparently impatient
for a disposition, has since filed a “Motion for Final
Decision” (ECF No. 58) and a “Motion to Return to
FCI Fort Dix.” (ECF No. 59.) As Markus has not refuted
the facts presented, nor does it appear he would be able to
after pleading guilty to several crimes relating to this
conspiracy, the Government's Motion for Summary Judgment
is GRANTED. As for Markus's other
motions, neither are cognizable in this proceeding and they
are, accordingly, DENIED.
Alfay Salama Markus, a U.S. citizen born in Egypt, was a
combat engineer for the U.S. Army from around 2002 to 2005,
during which time he was deployed to Iraq. (Pl. SUMF
¶¶ 1-3.) After leaving active duty, Markus worked
for the Army Corps of Engineers as a project engineer, where
he continued to be deployed to Iraq to aid in reconstruction
efforts. (Id. ¶ 4.)
is embroiled in this civil litigation today because he
accepted bribes and kickbacks in exchange for confidential
bid information for an oil pipeline project. (Id.
¶ 5.) These bribes were offered by Ammar Al-Jobory and
Ahmed Nouri, two Iraqi citizens. (Id. ¶ 12.)
Markus deposited bribes in bank accounts in Egypt and Jordan,
whose funds were subsequently transferred to his personal
accounts in the United States. (Id. ¶¶
6-7.) Some of these funds were spent on a house.
account was with Banque Misr in Cairo, whose owner of record
was Markus's father, Alfy Salama Marcos Basily.
(Id. at ¶ 8-9.) The account number ended with
-2393. (Id. ¶ 9.) Markus's brother held
power of attorney over this account. (Id. ¶
10.) Bribes were deposited into this account and were then
forwarded on to Markus's accounts in the United States.
(Id. ¶ 11.)
Government has presented irrefutable evidence of Markus's
activities. On October 15, 2006, Markus emailed Al-Jobory for
I did not receive the money till now can you check what is
happen and let me know, I need to pay the money for the
house. It is important to answer me I need the money ASAP.
(Id. ¶ 12; Ex. 151-SW.) Al-Jobory responded
three days later that “[h]ere is the proof that the it
[sic] has been there since the 10th of Oct.”
(Id; Ex. 152-SW.) A deposit slip dated October 10,
2006 showed a deposit of $25, 000 into the account ending
with -2393 and in the name of Marcos Basily, Markus's
father. (Id.) Markus admits this deposit was made to
him, even though his father's name is listed on the
deposit slip as the account owner. (Id.; Markus Dep.
April 20, 2007, Markus emailed Nouri, directing him to
deposit money paid for HVAC units into his father's
Banque Misr account ending with -2393. (Id.) Markus
has confessed that he accepted payment from Nouri and
Al-Jobory. (Id. ¶ 13; Markus Dep. 85:4-11.) The
Banque Misr account had sums far exceeding $10, 000 during
2007, 2009, and 2009, with deposits of $299, 000, $160, 000,
and $100, 000 made in each of those years. (Id.
controlled this account and directed his brother to
distribute funds from the account on his behalf, ostensibly,
it seems, as payment to employees whose families lived
outside war-torn Iraq. (Id; Markus Dep.
Housing Bank Accounts
also had at least three accounts with the Housing Bank for
Trade and Finance (the “Housing Bank”) in Jordan.
As relevant, two accounts had funds in them for 2007 and one
for 2009. (Id. ¶ 16.) These accounts ended,
respectively, with -70220 (“Housing Bank I
account”), -0201 (“Housing Bank II
account”), and -80220 (Housing Bank III
account”). (Id.) Markus deposited $200, 000
into his Housing Bank I account and $90, 000 into the Housing
Bank II account in ...