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MINORITY VIEW

A DENVER HEARING OFFICER BLASTS A MINORITY SUPPLY FIRM FOR BEING A MERE "CONDUIT."

"Pacheco's control of the company was not shown to be real, substantial or continuing," Jones wrote.

Jones's ruling affirms the opinion of the MOCC staff, which has been trying to remove M&N from its list of certified minority suppliers since last summer. The MOCC began investigating the company after receiving a complaint from a third party. After an investigation, the city moved to decertify the firm, but Pacheco formally challenged that decision. Jones presided at a two-day, quasi-judicial hearing on the matter in March, and she issued her report a few weeks ago.

Assistant City Attorney Nick Pijoan, who represented the MOCC in the case, says M&N has now been removed from the city's list of certified minority firms. But he notes that Pacheco has appealed Jones's ruling in Denver District Court and is asking a judge to keep M&N on the list until the appeal can be heard.

Pijoan says he doesn't believe brokers are operating in Denver on a large scale. "I don't think it's very common," he says.

According to Jones's ruling, M&N did $2.75 million worth of work at DIA between 1990 and 1994. Other MOCC records, however, indicate M&N's DIA contracts exceeded $8 million.

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