May 23, 2014

Military Sealift Command Contractor and Local Businessman Charged with Bribery and Obstruction of Justice Schemes

NORFOLK, VA—Scott B. Miserendino, Sr., 55, of Stafford, Virginia, and Timothy S. Miller, 57, of Chesapeake, Virginia, were charged today with conspiracy, bribery, and obstruction of criminal investigations. Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Acting Assistant Attorney General David A. O’Neil of the Justice Department’s Criminal Division; Special Agent in Charge Robert Craig of the Defense Criminal Investigative Service Mid-Atlantic Field Office (DCIS); Acting Executive Assistant Director Charles T. May, Jr. of the Naval Criminal Investigative Service (NCIS) Atlantic Operations; and Special Agent in Charge Royce E. Curtin of the FBI’s Norfolk Field Office.

A federal grand jury returned a six-count indictment that charges Miserendino with one count of conspiracy to commit bribery, one count of bribery, one count of conspiracy to commit obstruction of criminal investigations and to commit tampering with a witness, and one count of obstruction of criminal investigations. The indictment charges Miller with one count of conspiracy to commit bribery and two counts of bribery of a public official. According to the indictment, Miserendino was a government contractor at MSC, the leading provider of transportation for the United States Navy. The indictment alleges that Miserendino worked closely with another MSC public official, Kenny E. Toy, in managing MSC’s telecommunications projects and in influencing the award of United States government contracts, subcontracts, and task orders.

The indictment alleges that Miserendino solicited and accepted bribes, in the form of cash payments and other things of value, in exchange for providing favorable treatment to two defense contractors in connection with United States government contracts.

Between March 2005 and 2007, Miserendino allegedly accepted cash payments of approximately $3,000 per month from agents of Company A, a corporation that sought contracting business from MSC.

In addition, the indictment alleges that, in February 2009, Miller and his business partner Dwayne A. Hardman established Company B, a government contracting corporation located in Chesapeake, Virginia, to provide support to MSC on various telecommunications projects. Shortly thereafter, in May 2009, Miller and Hardman paid cash bribes to Miserendino and Toy, another MSC public official with whom Miserendino worked, in exchange for favorable treatment in connection with U.S. government contracts, subcontracts, and task orders. Miserendino allegedly accepted approximately $25,000 in cash from Miller and Hardman. According to the indictment, Miller provided the $25,000 cash bribe to Miserendino at Company B’s offices and also provided a $25,000 cash bribe to Toy, the MSC public official with whom Miserendino worked.

In addition, according to the indictment, Miserendino obstructed justice and tampered with a witness by causing $85,000 to be paid to a businessman who had provided bribes, Dwayne A. Hardman, in an attempt to prevent or delay Hardman from reporting the bribery scheme to law enforcement authorities.

The case is being prosecuted by Assistant United States Attorney Stephen W. Haynie of the U.S. Attorney’s Office for the Eastern District of Virginia and Trial Attorney Emily Rae Woods, of the Public Integrity Section, Criminal Division, of the Department of Justice. The case was investigated by the FBI, the NCIS, and the DCIS.

Criminal indictments are only charges and not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.

A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at