Brian Michael Dodds, Misprision of Felony, Michigan 2010

Detroit, MI – A Howell, Michigan businessman has been sentenced for his role in a complex bid-rigging and fraud scheme connected to a large-scale public housing project in Detroit. Brian Michael Dodds, 52, pleaded guilty in 2010 to violating Title 18 U.S. Criminal Code, specifically 18 U.S.C. 4 (Misprision of Felony), and received a 24-month probation sentence on October 11, 2012, along with a $5,000 fine.

The case, investigated by a multi-agency task force including the Federal Bureau of Investigation, the Department of Housing and Urban Development Office of Inspector General, and the Environmental Protection Agency’s Criminal Enforcement division, revealed a conspiracy to manipulate the bidding process for the Garden View Estates development. This project, funded by the U.S. Department of Housing and Urban Development (HUD) and the Detroit Housing Commission, aimed to revitalize public housing in the city. According to court documents, Dodds, owner of D & R Earthmoving, LLC, knowingly submitted a false, inflated bid in the name of his company.

This sham bid was strategically designed to create the illusion that Bobby W. Ferguson’s Ferguson Enterprises, Inc. had submitted the lowest offer for demolition, earthwork, and utilities installation at Garden View Estates. In exchange for allowing his company’s name to be used in the deceptive practice, Dodds’ D & R Earthmoving, LLC, secured a subcontract from Ferguson Enterprises valued at over $300,000. The scheme effectively defrauded the United States by ensuring Ferguson Enterprises unfairly won the lucrative contract.

Federal investigators discovered that Dodds didn’t stop at facilitating the rigged bid. In February 2009, Dodds provided misleading and incomplete testimony to both federal law enforcement agents and a federal grand jury, actively attempting to conceal the conspiracy and obstruct the investigation. This obstruction of justice further compounded his legal troubles.

Related Guilty Plea

The investigation expanded beyond Dodds, leading to the guilty plea of Tabitha Goodner, 43, of Harper Woods, Michigan, in May 2011. Goodner, a former Operations Manager for XCEL Construction Services, Inc., admitted to falsifying documents submitted to the Michigan State Transportation Commission in January 2008. These falsified documents were also intended to benefit Ferguson Enterprises, allowing them to unfairly compete for and secure public works projects awarded by the Michigan Department of Transportation. Goodner was sentenced to pay a $5,000 federal fine on October 1, 2012.

Key Facts

• Defendant: Brian Michael Dodds
• Crime: Bid Rigging, Misprision of Felony, Obstruction of Justice
• Location: Detroit & Howell, Michigan
• Year of Plea: 2010
• Victim: U.S. Department of Housing and Urban Development, Detroit Housing Commission, Michigan State Transportation Commission
• Statutes Violated: 18 U.S.C. 4
• Penalty: 24 months probation, $5,000 fine

The case highlights the vulnerability of public works projects to fraudulent schemes and underscores the commitment of federal agencies to investigate and prosecute those who exploit these systems for personal gain. The EPA’s involvement, while seemingly unusual in a fraud case, demonstrates the agency’s broadened scope in combating crimes that impact federally funded projects and environmental integrity, even when the direct environmental impact isn’t immediately apparent.

Source: EPA ECHO Enforcement Case Database

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