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Disclaimer and Legal Context


This page identifies individuals who, based on documented evidence and good-faith analysis, are reasonably believed to have participated in, enabled, or failed to act in connection with the fraudulent acquisition of Fiber Network Solutions, Inc. and its subsequent concealment. The information presented here has been submitted in formal whistleblower disclosures to the U.S. Securities and Exchange Commission, the Department of Justice, the Internal Revenue Service – Criminal Investigation Division, and other federal agencies.

This list does not assert criminal guilt. Instead, it reflects a factual and evidentiary account of each individual’s known or alleged role, behavior, or response pattern—particularly where actions or omissions may be relevant to public interest, fiduciary duty, or federal investigations.

This page is published in accordance with protections under federal whistleblower law and the First Amendment of the United States Constitution.

The following narrative reflects the perspective of the whistleblower based on documented communications, internal company materials, and submissions provided to federal authorities.

Vincent S. Bacon, uncle of Kyle Bacon, is identified in those submissions as an insider participant in the disputed 2003 FNSI–Cogent transaction. Records reviewed by the reporting party indicate coordinated activity involving Vince Bacon, Jim Bacon, Kyle Bacon, and counsel associated with the transaction, including Bill Kelly, in matters relating to corporate positioning, internal communications, and transaction structure.

Whistleblower materials further describe efforts during this period to discredit David J. Koch, then President and CEO of FNSI, at a time when he was medically incapacitated. According to those materials, communications and actions involving current and former employees were used to shape internal sentiment regarding Mr. Koch’s leadership and to influence perceptions of control and governance.

As a 9.3% shareholder in FNSI, Vincent S. Bacon is identified in formal federal whistleblower submissions for conduct occurring during the lead-up to and execution of the 2003 transaction. The submissions describe actions relating to the suppression of shareholder rights, undisclosed financial arrangements, and the redirection of company assets under a structure not fully reflected in contemporaneous disclosures.

The record presented by the reporting party indicates that Mr. Bacon’s involvement extended beyond that of a passive investor. Documents and communications reflect participation in decision-making processes at a time when Mr. Koch was unable to protect his interests due to medical incapacity.

Whistleblower submissions describe coordination among Vince Bacon, Kyle Bacon, and Jim Bacon in connection with changes to shareholder positioning and control of company assets. These materials assert that Mr. Koch’s medical condition and prior legal history were used within internal narratives to create a false perception regarding leadership and ownership changes.

The filings do not dispute Mr. Koch’s condition; rather, they characterize it as a factor that was leveraged to facilitate an undisclosed transfer of control and assets without standard shareholder transparency.

Following the transaction, the submissions reference financial outcomes involving distributions associated with outside entities. These distributions were not reflected in standard shareholder reporting at the time and form part of the evidentiary record currently under review.

Additional historical materials include examples of internal communications and management directives that are being evaluated as part of a broader pattern of conduct relevant to governance and oversight considerations.

This narrative is presented as part of the whistleblower record and reflects the reporting party’s interpretation of the documented sequence of events.

Vince Bacon (Vincent S. Bacon)

Vincent S. Bacon is identified in federal whistleblower submissions related to the 2003 acquisition of Fiber Network Solutions, Inc. (FNSI) by Cogent Communications Holdings, Inc. The information presented on this page is based on documented communications, corporate records, and materials submitted through protected federal disclosure channels.

Bacon held a 9.3% minority ownership interest in FNSI during the period leading up to the transaction. His involvement is described in relation to actions and financial outcomes associated with the transfer of company assets and the restructuring of shareholder interests.

Professional Background and Business Activities

Vincent S. Bacon is associated with Poling & Bacon Construction Co., Inc., a construction business based in Canfield, Ohio. Public licensing records identify him as a Construction Financial Officer, with licensure effective in October 2002.

His professional background includes engineering and construction-related business operations, as well as financial oversight responsibilities within that context. These roles reflect experience in project management, financial structuring, and operational execution.

In addition to business activities, Bacon has been publicly associated with philanthropic and community initiatives in the Youngstown, Ohio region.

Vince Bacon was a minority shareholder in Fiber Network Solutions, Inc. and is alleged to have been the architect of the 2003 fraudulent sale of FNSI to Cogent Communications while David J. Koch, the company's President, CEO, Board Chairman, and majority shareholder was medically incapacitated.

Public Profile and Community Involvement

Vincent and Phyllis Bacon are recognized for their philanthropic contributions within the Youngstown area.

Their support includes the Vincent & Phyllis Bacon Grand Gallery at the Butler Institute of American Art, a $2 million expansion project completed in 2023. The gallery was designed to house significant works, including the Pierre Soulages mural, and represents a permanent addition to the institution.

The Bacons have also funded the Bacon Fellow Internship program through a substantial endowment to the Youngstown Business Incubator (YBI). This program provides opportunities for students in STEM-related fields to gain practical experience through internships with regional companies.

These initiatives reflect ongoing involvement in cultural, educational, and community development efforts in the Mahoning Valley.

Involvement in the FNSI–Cogent Matter (2002–2003)

Vincent S. Bacon’s involvement in the FNSI–Cogent matter arises from events leading up to the 2003 acquisition of Fiber Network Solutions, Inc. by Cogent Communications.

During this period, corporate control and ownership interests within FNSI were undergoing significant change. Documentation and whistleblower submissions describe a sequence of actions affecting shareholder rights, governance structure, and asset disposition.

These materials indicate that Bacon participated in matters relating to corporate positioning, internal communications, and financial outcomes associated with the transaction, alongside other individuals connected to the acquisition.

The available record reflects participation in processes that resulted in the alteration of shareholder equity positions and the redirection of company assets under a structure not fully reflected in contemporaneous disclosures.

Financial Outcomes and Post-Transaction Activity

Following the 2003 transaction, whistleblower materials reference financial distributions associated with the transfer of FNSI assets.

These distributions are described as being routed through entities connected to transaction participants, including references to structures established after the acquisition.

The reported financial outcomes were not reflected in standard shareholder reporting at the time and form part of the evidentiary record submitted for federal review.

Timeline of Relevant Events

• 2002 – FNSI leadership disruption occurs during a period of documented medical incapacity affecting executive oversight.

• Late 2002 – Internal positioning and shareholder dynamics begin to shift in advance of the transaction.

• February 2003 – Acquisition of Fiber Network Solutions, Inc. by Cogent Communications is executed.

• Post-2003 – Financial outcomes and distributions associated with the transaction emerge through structures not reflected in contemporaneous shareholder reporting.

• 2021–2023 – Public philanthropic initiatives include the Bacon Fellow Internship program and the Vincent & Phyllis Bacon Grand Gallery.

• 2025 – Vincent S. Bacon is identified in federal whistleblower submissions including supporting documentation and timeline analysis.

Legal Context

Vincent S. Bacon is identified in federal whistleblower submissions that have been provided to multiple U.S. government agencies, including the Federal Bureau of Investigation (FBI), Internal Revenue Service – Criminal Investigation Division (IRS-CI), the U.S. Securities and Exchange Commission (SEC), and the United States Attorney’s Office.

The materials submitted include documented communications, corporate records, financial analysis, and timeline reconstruction relating to the 2003 transaction and subsequent events.

Federal law provides that individuals involved in corporate transactions involving undisclosed financial arrangements, concealment of material information, or coordinated actions affecting shareholder rights may be subject to review under statutes governing fraud, conspiracy, and related financial offenses.

Any determination of legal responsibility remains within the jurisdiction of federal authorities. This page reflects the documented record as presented in good-faith whistleblower disclosures.

Closing Statement

Vincent S. Bacon’s role in the FNSI–Cogent matter is evaluated based on documented participation in events occurring during the period surrounding the 2003 acquisition.

The information presented reflects a structured reconstruction of communications, financial outcomes, and corporate actions derived from evidentiary materials submitted through protected federal channels.

This page serves as a factual record of those materials and will be updated as additional information becomes available or as official findings are issued.

Narrative

Based on the allegations and supporting documentation, he may be subject to review under the following federal statutes:


          18 U.S.C. § 371 – Conspiracy to defraud the United States

          18 U.S.C. § 1343 – Wire fraud

          18 U.S.C. § 1349 – Attempt and conspiracy to commit fraud

          18 U.S.C. § 1956 – Money laundering

          18 U.S.C. § 1001 – False statements or material concealment

          18 U.S.C. § 1512 – Obstruction of justice

          18 U.S.C. § 1513(e) – Retaliation against a whistleblower

          26 U.S.C. § 7201 – Tax evasion

          18 U.S.C. § 1962 – Racketeer Influenced and Corrupt Organizations Act (RICO)

For an in-depth, comprehensive overview of the documentary timeline regarding the fraudulent acquisition of Fiber Network Solutions, Inc. by Cogent Communications (NASDAQ: CCOI), visit the Download PDF's page, or read the html versions at the Read Doc's On-Line page.

See full list of individuals: The Conspirators