State Attorney General Gurbir Grewal said the owners of F&A Transportation knowingly hired drivers who did not hold valid commercial driver's licenses or required license endorsements, as well as drivers who had criminal histories or were using illegal drugs.
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They also allegedly falsified vehicle inspection forms to indicate their buses consistently passed required pre- and post-trip company inspections. Those forms must be maintained for review by the NJ Motor Vehicle Commission and are relied upon by school districts as proof of bus safety.
Ahmed Mahgoub, 62, and his 47-year-old wife Faiza Ibrahim are charged with conspiracy, false representations for a government contract, theft by deception, tampering with public records or information, and misconduct by a corporate official.
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The couple hails from East Hanover, while F&A -- which also conducted business as Smart Union and Unity Transportation -- is based primarily in East Orange.
"This is the second time in four months that we have filed serious criminal charges against a school bus company and its operators for allegedly putting children in jeopardy by hiring unqualified drivers, using unsafe buses, and falsifying records to cover up their conduct," Grewal said. "No parent should have to worry about the condition of their child's school bus or question whether their child's bus driver might be a felon or someone under the influence of drugs or alcohol. No child should ever be put in danger that way."
In February 2019, an employee of F&A allegedly used heroin in F&A's parking lot in East Orange before boarding a school bus to transport 12 children with special needs in Newark.
While driving with the children on board, the employee allegedly overdosed and crashed the school bus into the wall of a building. Police who arrived on the scene used Narcan to revive the employee.
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"These defendants showed a complete disregard for the safety of school children by allegedly hiring bus drivers who were totally unsuited for the job and operating buses that were in no condition to be on the road," Office of Public Integrity and Accountability Director Thomas Eicher said. "We charge that they systematically falsified records to hide their egregious conduct. We have exposed them and will work to ensure that they never again put young students at risk."
The alleged criminal conduct relates to contracts that F&A secured from 2015 through 2020 with public school districts in Essex, Passaic, Morris and Union counties. The contracts had an aggregate total value of approximately $3.5 million.
"When a parent entrusts a bus driver to safely transport their child to school, there should never be a concern that the individual behind the wheel may have a criminal record, may have failed a drug test, or may be operating an unsafe vehicle," State Police Superintendent Colonel Patrick Callahan said. "The callous and irresponsible behavior displayed by the owners of this company is more than just a violation of trust, it knowingly placed children in danger."
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New Jersey laws and regulations require that all school bus drivers possess a valid commercial driver's license with two additional endorsements to carry students as passengers. School bus drivers and bus aides are also required to undergo drug testing and criminal background checks, and drivers or aides with a criminal history or with known substance abuse issues are prohibited from driving school buses.
Mahgoub and Ibrahim allegedly falsely represented the qualifications of their drivers and aides, including licensing and background check information, as well as the condition of their vehicles.
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Interviews with bus drivers employed by F&A revealed that the defendants allegedly employed drivers who had known substance abuse problems. They also allegedly employed numerous drivers who either did not have valid commercial driver's licenses, did not have required endorsements, or had suspended licenses. They allegedly hired drivers before completion of criminal background checks or, in some instances, without any criminal background check.
The defendants allegedly forged, reused, or otherwise falsified pre- and post-trip driver's vehicle inspection reports that the company is required to complete and maintain. They allegedly falsely indicated that their buses consistently passed company inspections. In February and August of 2019, the MVC inspected F&A's buses and nearly all of the company's buses failed inspection on both occasions.
When the MVC audited F&A's driver files, it found that of the 51 drivers listed on F&A's roster, four driver files were missing, 23 had no driver's abstracts, two had expired abstracts, 11 had no physical exams, 13 had expired physical exams, and four had expired copies of driver's licenses. Only nine files were complete.
The defendants allegedly told drivers to evade MVC inspections at school sites, and they allegedly concealed violations by covertly directing persons employed as aides to drive school buses.
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