Deepak Jain, the CEO of a Maryland-based IT services firm, is facing serious legal trouble after allegedly deceiving the U.S. Securities and Exchange Commission (SEC) into signing a multi-million-dollar datacenter contract.
According to a grand jury indictment made public this week, Jain is accused of fabricating a “Tier-4” certification for his firm’s Beltsville datacenter to meet the SEC’s stringent requirements for colocation services.
The Uptime Institute defines Tier-4 facilities as offering 99.995% uptime due to robust security, power, and cooling systems. However, Jain’s company reportedly created a fictitious certifying entity, the “Uptime Council,” to back the false claims. This move allegedly secured the company a six-year, $10.7 million contract with the SEC, starting in 2012.
The Department of Justice (DoJ) claims Jain sought to profit from the deal at the expense of the reliability and security of the SEC’s sensitive electronic data. According to DoJ officials, the SEC experienced issues with security, cooling, and power in the Beltsville facility, raising concerns about the fraudulent certification.
Despite these problems, the SEC was reportedly denied full access to inspect the facility before finalizing the contract. It wasn’t until 2018, when the contract expired, that the SEC opted not to renew the agreement.
Jain faces six counts of major fraud and one count of making false statements. If convicted, he could face up to 10 years in prison for each fraud charge.
While Jain’s company, believed to be AiNET, remains unnamed in the indictment, the case raises significant questions about how regulatory agencies vet their critical IT infrastructure partners.
