more years at least. And certainly, Roemer's offense was of sufficient gravity to give a decision-maker pause to question Roemer's present and likely future responsibility in dealing with the government.
But the plaintiff has suggested a number of factors which appear to diminish the force of that conviction as an indication of Roemer's present responsibility. These factors touch on Roemer's character before the offense occurred, the circumstances surrounding the offense, the deterrent effect of the prior 29-month suspension, of the conviction, and of the payment to the government of $3,600 in restitution, the length of time which has passed since the offense and since the conviction, and Roemer's character since the offense and conviction.
It is clear from the memorandum that Coggins wrote at about the time he issued the order debarring Roemer that he was aware of at least the most important of these factors. But what is less clear is why Coggins attributed little or no importance to them, and what it was about the offense which necessitates, despite these factors, a debarment of three years. The Court must have specific answers to these questions if it is to exercise properly its limited review of the substance of the administrative decision.
Therefore, the Court finds that remand to the decisionmaker is appropriate. Because the other issues raised by the plaintiff may become moot upon further proceedings, the case will be remanded in its entirety.
This opinion will constitute the Court's findings of fact and conclusions of law. Counsel for the plaintiff will submit an appropriate order, noted by the government, within five days from this date.
John J. Sirica / United States District Judge
JUDGMENT [September 21, 1976]
In consideration of the Court's Opinion of September 20, 1976 and the findings of fact and conclusions of law therein set forth,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. The action of defendant Bruce T. Coggins, dated August 23, 1976 in debarring plaintiff Martin L. Roemer from representing vendors or otherwise participating in business or contractual relations with agencies of the Department of Defense is set aside.
2. This case is remanded in its entirety to defendant Coggins for such other or further action, if any, as he may wish to take, but any further action to debar shall be taken consistent with the Opinion of the Court and the requirements of law.
3. Unless and until such time as a duly authorized official of the Department of Defense hereafter enters a further order debarring plaintiff from representing vendors or otherwise participating in business or contractual relations with the Department of Defense, the defendants, their agents, employees and each of them, are enjoined and restrained (a) from preventing or interfering in any manner with the activities of plaintiff Martin L. Roemer, by reason of his conviction of violating 18 U.S.C. § 371 or any proceeding related thereto, in representing vendors or otherwise participating in business or contractual relations with agencies of the Department of Defense including its Exchange services, and (b) from listing plaintiff Martin L. Roemer for any such reason in the Department of Defense Joint Consolidated List of debarred, ineligible or suspended persons or in any similar publication.
4. Plaintiff's cost shall be taxed against defendants to the extent permitted by 28 U.S.C. § 2412.
Entered this 21st day of September, 1976.
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