Case 3:22-cr-00157-KAD Document 8 Filed 08/03/22 Page 1 of 14
`
`LI.S. Department of Justice
`
`Antitrust Division
`
`New York Ofice
`
`26 Federal Pla:a
`Room 3630
`Nev York, New York 10278-0004
`
`202/677-0370
`
`FAX 212/335-8023
`
`United States District Court
`District of Connecticut
`FILED
`BRIDGEPORT
`
`August 3,2022
`
`James I. Glasser, Esq.
`Wiggin and Dana LLP
`One Century Tower
`265 Church Street
`New Haven, CT 06510
`Re: United States v, Axion SpecialW Contracting LLC
`Case No. 3:22CR _ (KAD)
`
`Dear Attomey Glasser
`
`This letter confirms the plea agreement between your client, Axion Specialty Contracting
`LLC (the "defendant"), and the United States Department of Justice Antitrust Division and the
`United States Attorney's Office for the District of Connecticut (the "Government") concerning the
`referenced criminal matter.
`
`THE PLEA AND OFFENSES
`
`In consideration for the benefits offered under this agreement, the defendant agrees to
`waive its right to be indicted and agrees to plead guilty pursuant to Rule 11(c)(1)(C) to a one-count
`Information, charging it with one count of violating 15 U.S.C. $ 1 (Conspiracy to Restrain Trade).
`]s u.s.c. I 1
`to Restrain Trade) : The defendant understands that, to be guilty
`of this offense, the following essential elements must be satisfied:
`
`1. There was a combination or conspiracy to restrain trade during the time alleged in the
`Information;
`2. An agent of the defendant, acting within the scope of his employment, knowingly
`joined the conspiracy; and
`3. The activity of the conspiracy was within the flow of or substantially affected interstate
`or foreign commerce.
`
`

`

`Case 3:22-cr-00157-KAD Document 8 Filed 08/03/22 Page 2 of 14
`
`August 3, 2022
`Letter to James I. Glasser, Esq
`
`THE PENALTIES
`
`The maximum penalties permitted by statute are:
`
`Probation
`
`Pursuant to 18 U.S.C. $ 3561(a), the Court may impose a term of probation. Pursuant to
`18 U.S.C. $ 3561(c)(1), if the Court imposes probation, it may be for a term of at least one year
`and not more than five years.
`
`Fine
`
`The Count carries a maximum fine of $100 million. The defendant is also subject to the
`alternative fine provision of 18 U.S.C. $ 3571 . Under this section, the maximum fine that may be
`imposed on the defendant is the greatest of the following amounts: (1) twice the gross gain to the
`defendant resulting from the offense; (2) twice the gross loss resulting from the offense; or (3)
`$100 million.
`
`Special Assessment
`
`In addition, the defendant is obligated by 18 U.S.C. $ 3013 to pay a special assessment of
`$400 on the count of conviction. The defendant agrees to pay the special assessment to the Clerk
`of the Court on the day the guilty plea is accepted.
`
`Restitution
`
`In addition to the other penalties provided by law, the Court may also order that the
`defendant make restitution under 18 U.S.C. $ 3663, and the Govemment reserves its right to seek
`restitution on behalf of victims consistent with the provisions of 18 U.S.C. $ 3663 and this plea
`agreement. The scope and effect of the order of restitution are set forth in the attached Rider
`Concerning Restitution. Restitution is payable immediately unless otherwise ordered by the Court.
`
`Interest, penalties. and fines
`
`Unless otherwise ordered, should the Court impose a fine or restitution of more than $2,500
`as part of the sentence, interest will be charged on the unpaid balance of the fine or restitution not
`paid within 15 days after the judgment date. 18 U.S.C. $ 3612(0. Other penalties and fines may
`be assessed on the unpaid balance of a fine or restitution pursuant to 18 U.S.C. $$ 3572(h), (D
`and3612(9).
`
`Plea Asreement
`
`t to Rule 11(oX1XC)
`
`The parties agree that a fine in the amount of $1,001,989, restitution in the amount of
`$313,122, and no period of probation ("the Recommended Sentence") is a reasonable and
`appropriate sentence, which is sufficient, but not greater than necessary, to achieve the purposes
`of sentencing in light of the factors set forth under 18 U.S.C. $ 3553(a).
`
`2
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`

`

`Case 3:22-cr-00157-KAD Document 8 Filed 08/03/22 Page 3 of 14
`
`August 3, 2022
`Letter to James I. Glasser, Esq
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`The defendant agrees to pay $313,122 in restitution, in the amounts and to the victims
`identified in the attached Attachment A, which is a part of the plea agreement. The Govemment
`and the defendant agree to recommend to the Court that the court apportion restitution pursuant to
`the procedures set forth in 18 U.S.C. $ 3664(h) to reflect the level of the defendant's contribution
`to the victims' losses, in the amounts and to the victims identified in Attachment A, which is a part
`of the plea agreement.
`
`As specified in the Agreement Relating to Seized Funds section below, the Government
`and the defendant agree that $1,574,128.67 be turned over to the Clerk of Court in anticipation of
`the payment of restitution, the criminal fine, and the special assessment. The Government and the
`defendant agree to recommend to the Court that the funds held by the Clerk of Court be used to
`satis$ the special assessment, in the sum of $400, first, then the restitution order, in the sum of
`$313,122, the criminal fine, in the sum of $1,001,989, and the balance of $258,617.67 tobe
`retumed to the defendant.
`
`The Government and the defendant understand that the Court retains complete discretion
`to accept or reject the Recommended Sentence provided for in this plea agreement. If the Court
`does not accept the Recommended Sentence, the Government and the defendant agree that this
`plea agreement will be rendered void. If the Court does not accept the Recommended Sentence,
`the defendant will be free to withdraw its guilty plea (Fed. R. Crim. P. 11(c)(5) and (d)(2)(A). If
`the defendant withdraws its plea of guilty, this plea agreement, the guilty plea, and any statement
`made in the course of any proceedings under Fed. R. Crim. P. 11 regarding the guilty plea or this
`plea agreement or made in the course of plea discussions with the Government will not be
`admissible against the defendant in any criminal or civil proceeding, except as otherwise provided
`in Fed. R. Evid. 410. In addition, the defendant agrees that, if it withdraws its guilty plea pursuant
`to this paragraph of this plea agreement, the statute of limitations period for any offense referred
`to in Paragraph 15 of this plea agreement will be tolled for the period between the date of signature
`of this plea agreement and the date the defendant withdrew its guilty plea or for a period of sixty
`(60) days after the date of signature of this plea agreement, whichever period is greater.
`
`Both parties jointly submit that this plea agreement, together with the record that will be
`created by the Government and the defendant at the plea and sentencing hearings, and the further
`disclosure described in subsequentparagraphs, will provide sufficient information concerning the
`defendant, the crime charged in this case, and the defendant's role in the crime to enable the
`meaningful exercise of sentencing authority by the Court under 18 U.S.C. $ 3553. Both parties
`will jointly request that the Court accept the defendant's guilty plea and impose sentence on an
`expedited schedule as early as the date of arraignment and plea, based upon the record provided
`by the defendant and the Government, under the provisions of Fed. R. Crim. P. 32(c)(1)(A)(ii) and
`U.S.S.G. $ 6,{1.1. The Court's denial of the request to impose sentence on an expedited schedule
`will not void this plea agreement.
`
`a-
`
`)
`
`

`

`Case 3:22-cr-00157-KAD Document 8 Filed 08/03/22 Page 4 of 14
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`August 3, 2022
`Letter to James L Glasser, Esq
`
`Agreement Relating to Seized Funds
`
`United States v. Contents of Accounts Ending 8704 and 8291 Held in the Name of Axion
`Specialty Contracting, LLC at Citizens Bank,3:18MC28 (SALM)
`
`The defendant agrees that funds in the amount of $1,574,128.61, which were seized from
`accounts ending h 8704 and 8291 in the name of Axion Specialty Contracting , LLC, at Citizens
`Bank, pursuant to 18 U.S.C. $ 981(aXl)(A) and (C), (hereinafter, the "Seized Assets"), shall be
`transferred by the United States Marshals Service to the Clerk of Court to be applied to the special
`assessment, the restitution order, and criminal fine entered in this case. The balance of funds in the
`referenced accounts will be returned to the defendant, as described above. The defendant agrees
`to simultaneously executs a Stipulated Agreement to effectuate the transfer of the Seized Funds.
`
`The defendant agrees to hold the United States, the Federal Bureau of Investigation,
`Department of Justice, the Antitrust Division, the Department of Defense - Office of Inspector
`General, the United States Attorney's Office for the District of Connecticut, and their agents and
`employees harmless from any claims whatsoever in corrnection with the seizure, detention, and
`transfer of the Seized Assets covered by this agreement.
`
`The defendant further agrees to waive all constitutional and statutory challenges in any
`manner (including direct appeal, habeas co{pus, or any other means) to any transfer of funds
`carried out in accordance with this plea agreement on any grounds, including that the transfer of
`firnds constitutes an excessive fine or punishment. The defendant also understands and agrees that
`by virtue of its plea of guilty it waives any rights or cause of action to claim that it is a "substantially
`prevailing pafi" for the pu{pose of recovery of attorney fees and other litigation costs in any
`related proceeding pursuant to 28 U.S.C. $ 2465(b)(1).
`
`THE SENTENCING GUIDELINES
`
`Applicabilitv
`
`The defendant understands that ordinarily, the Court is required to consider any applicable
`Sentencing Guidelines as well as other factors enumerated in 18 U.S.C. $ 3553(a) to tailor an
`appropriate sentence. In this case, the defendant is entering its plea of guilty pursuant to Rule
`11(c)(1)(C) of the Federal Rules of Criminal Procedure. This plea agreement contains the parties'
`agreement concerning the disposition of this matter including the amount of restitution, the amount
`of a fine, the payment of the mandatory special assessment and the parties' agreement, subject to
`acceptance by the Court, that no term of probation is warranted. The defendant understands that
`the Court has discretion to accept or reject this plea agreement.
`
`4
`
`

`

`Case 3:22-cr-00157-KAD Document 8 Filed 08/03/22 Page 5 of 14
`
`August 3, 2022
`Letter to James I. Glasser, Esq.
`
`Stipulation
`
`Pursuant to $ 6B1.4 of the Sentencing Guidelines, the defendant and the Government have
`entered into the attached stipulation, which is a part of this plea agreement. The defendant
`understands that the Government and the United States Probation Office are obligated to advise
`the Court of any additional relevant facts that subsequently come to their attention. The defendant
`understands that additional facts may inform the Court's judgment concerning whether to accept
`or reject the plea agreement in this case.
`
`Guideline Stipulation
`
`The parties agree as follows:
`
`The Guidelines Manual in effect on the date of sentencing is used to determine the
`applicable guidelines range.
`
`Pursuant to U.S.S.G. $ 2R1.1(d)(1) and $ 8C2.4(b), the defendant's advisory base fine is
`calculated by multiplying the defendant's volume of commerce by 20 percent. The volume of
`commerce attributable to the defendant is $6,262,432, which results in an advisory base fine of
`$1,252,496 ($6,262,432 * 2o%).
`Pursuant to U.S.S.G. $ 8C2.5, the parties stipulate to a culpability score of 4 points,
`calculated as follows:
`
`5 points under U.S.S.G. $ 8C2.5(a)
`+1 point under U.S.S.G. $ 8C2.5(bX5)
`-2 points under U.S.S.G. $ 8C2.5(g)(2)
`
`Therefore, pursuant to U.S.S.G. $$ 8C2.6 and 8C2.7, the advisory fine guideline range is
`$1,001,989 to $2,003,978. The parties agree that the appropriate fine in this case is the lowest end
`of that range, $1,001,989.
`
`Joint Fine Agreement
`
`Pursuant to Fed. R. Crim. P. 1 1(c)(1)(C), the Government and the defendant agree that the
`appropriate disposition of this case includes a fine payable by the defendant in the sum of
`$1,001,989 payable from the Seized Funds to be held by the Clerk of Court after satisfaction of
`the restitution order.
`
`Information to the Court
`
`The Government will discuss the facts of this case with the United States Probation Office
`and will provide the Probation Officer with access to material in its file, with the exception of
`grand jury material. The Govemment expressly agrees to provide the following information
`regarding the following to the Probation Office:
`o the defendant's background, management, and limited operations in Connecticut;
`
`5
`
`

`

`Case 3:22-cr-00157-KAD Document 8 Filed 08/03/22 Page 6 of 14
`
`August 3, 2022
`Letter to James I. Glasser, Esq
`
`the fact, manner, and extent of the defendant's agent's activities with respect to this case
`and the Govemment's investigation, including but not limited to the discrete customer base
`and limited geographical scope of the criminal conduct in relation to the defendant's overall
`business, the fact that only one employee of the company, its President, knowingly
`participated in the criminal conduct, and that the individual has separately pleaded guilty
`to criminal violations and is pending sentencing by this Court;
`the defendant's remedial measures including the institution of a corporate compliance
`program; and
`the defendant's additional efforts to remediate the harm caused by the actions of its agent
`and to make restitution.
`
`a
`
`o o
`
`WAIVER OF RIGHTS
`
`The defendant acknowledges and agrees that it is knowingly, intelligently, and voluntarily
`waiving the following rights:
`
`Waiver of Right to Indictment
`
`The defendant understands that it has the right to have the facts of this case presented to a
`federal grand jury, consisting of between sixteen and twenty-three citizens, twelve of whom would
`have to find probable cause to believe that it committed the offense set forth in the information
`before an indictment could be returned. The defendant acknowledges that it is waiving its right to
`be indicted.
`
`Waiver of Trial Rights and Consequences of Guilty Plea
`
`The defendant understands that it has the right to be represented by an attorney at every
`stage of the proceeding and, if necessary, one will be appointed to represent it.
`
`The defendant understands that it has the right to plead not guilty or to persist in that plea
`if it has already been made, the right to a public trial, the right to be tried by a jury with the
`assistance of counsel, the right to confront and cross-examine the witnesses against it, the right to
`testiff and present evidence, and the right to compel the attendance of witnesses to testify in its
`defense. The defendant understands that by pleading guilty it waives those rights and that, if the
`plea of guilty is accepted by the Court, there will not be a further trial of any kind.
`
`The defendant understands that, if it pleads guilty, the Court may ask questions about each
`offense to which it pleads guilty, and if it answers those questions falsely under oath, on the record,
`and in the presence of counsel, the answers may later be used against it in a prosecution for perjury
`or making false statements.
`
`Waiver of Statute of Limitations
`
`The defendant agrees that, should the conviction following defendant's guilty plea be
`vacated for any reason, then any prosecution that is not time-barred by the applicable statute of
`
`6
`
`

`

`Case 3:22-cr-00157-KAD Document 8 Filed 08/03/22 Page 7 of 14
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`August 3, 2022
`Letter to James I. Glasser, Esq
`
`limitations on the date of the signing of this plea agreement (including any indictment or counts
`the Govemment has agreed to dismiss at sentencing pursuant to this plea agreement) may be
`commenced or reinstated against the defendant, notwithstanding the expiration of the statute of
`limitations between the signing of this plea agreement and the commencement or reinstatement of
`such prosecution. The defendant agrees to waive all defenses based on the statute of limitations
`with respect to any prosecution that is not time-barred on the date the plea agreement is signed.
`
`Waiver of Right to Challenge Conviction
`
`The defendant acknowledges that under certain circumstances it is entitled to challenge its
`conviction. By pleading guilty, the defendant waives its right to appeal or collaterally attack its
`conviction in any proceeding, including but not limited to a motion under 28 U.S.C. $$ 2255
`and/or 2241. In addition to any other claims it might raise, the defendant waives its right to
`challenge its conviction based on (1) any non-jurisdictional defects in the proceedings before entry
`of this plea, (2) a claim that the statute(s) to which the defendant is pleading guilty is
`unconstitutional, and (3) a claim that the admitted conduct does not fall within the scope of the
`statute. This waiver does not preclude the defendant from raising a claim of ineffective assistance
`of counsel in an appropriate forum.
`
`Waiver of Rieht to Appeal or Collaterally Attack Sentence
`
`The defendant acknowledges that under certain circumstances, it is entitled to challenge its
`sentence. In consideration for the benefits offered under this agreement, the defendant agrees not
`to appeal or collaterally attack the sentence in any proceeding, including but not limited to a motion
`under 28 U.S.C. $$ 2255 andlor 2241, if the sentence imposed by the Court is consistent with or
`below this Rule 11 (c)(l)(C) plea agreement, regardless of how the sentence is determined by the
`Court. This agreement does not affect the rights or obligations of the United States as set forth in
`18 u.S.c. $37a2@)-(c).
`
`DISQUALIFICATION. EXCLUSION" SUSPENSION. OR DEBARMENT
`CONSEOUENCES OF PLEA
`
`The defendant understands that it may be subject to disqualification, exclusion, suspension,
`or debarment action by private entities, or state or federal agencies other than the Govemment,
`based upon the conviction resulting from this Plea Agreement, and that this Plea Agreement in no
`way controls what action, if any, other entities or agencies may take. However, the Antitrust
`Division agrees that, if requested, it will advise the appropriate officials considering such action,
`if any, of the following as matters for that entity or agency to consider before determining what
`action, if any, to take:
`o the fact, manner, and extent of the defendant's agent's activities with respect to this case
`and the Government's investigation, including but not limited to the limited customer base
`and limited geographic scope of the criminal conduct in relation to the defendant's overall
`business, and the fact that only one employee knowingly participated in the criminal
`
`7
`
`

`

`Case 3:22-cr-00157-KAD Document 8 Filed 08/03/22 Page 8 of 14
`
`August 3, 2022
`Letter to James L Glasser, Esq
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`conduct and that no other Axion employee is alleged to have knowingly participated in the
`criminal conduct;
`o the defendant's corporate compliance program; and
`o the defendant's efforts to remediate the harm caused and make restitution.
`
`ACKNOWLEDGMENT OF'GUILT AND VOLUNTARINESS OF PLEA
`
`The defendant acknowledges that it is entering into this agreement and is pleading guilty
`freely and voluntarily because it understands that it is guilty based on the acts of its agent. The
`defendant further acknowledges that it is entering into this agreement without reliance upon any
`discussions between the Government and itself (other than those described in the plea agreement
`letter), without promise of benefit of any kind (other than the concessions contained in the plea
`agreement letter), and without threats, force, intimidation, or coercion of any kind. The defendant
`further acknowledges its understanding of the nature of the offense to which it is pleading guilty
`as a result of the conduct of its agent, including the penalties provided by law. The defendant also
`acknowledges its complete satisfaction with the representation and advice received from its
`undersigned attomey. The defendant and its undersigned counsel are unaware of any conflict of
`interest conceming counsel's representation of the defendant in the case.
`
`SCOPE OF THE AGREEMENT
`
`The defendant acknowledges that this agreement is limited to the undersigned parties and
`cannot bind any other federal authority, or any state or local authority. The defendant
`acknowledges that no representations have been made to it with respect to any civil or
`administrative consequences that may result from this plea of guilty because such matters are
`solely within the province and discretion of the specific administrative or governmental entity
`involved. Finally, the defendant acknowledges that this agreement has been reached without
`regard to any civil tax matters thatmay be pending or which may arise involving it.
`
`COLLATERAL CONSEOUENCES
`
`The defendant understands that it will be adjudicated guilty of the offense to which it has
`pleaded guilty. The defendants understand that the Government reseryes the right to notiff any
`state or federal agency by which it is licensed, or with which it does business, of the fact of this
`conviction.
`
`SATISFACTION OF FEDERAL CRIMINAL LIABILITY; BREACH
`
`The defendant's guilty plea, if accepted by the Court, will satis$r the federal criminal
`liability of the defendant in the District of Connecticut as a result of its agent's participation in a
`scheme to rig bids relating to certain insulation contracts in Connecticut, which forms the basis of
`the Information in this case.
`
`8
`
`

`

`Case 3:22-cr-00157-KAD Document 8 Filed 08/03/22 Page 9 of 14
`
`August 3, 2022
`Letter to James L Glasser, Esq
`
`The defendant understands that ie before sentencing, it violates any term or condition of
`this agreement, engages in any criminal activity, or fails to appear for sentencing, the Govemment
`may void all or part of this agreement. If the agreement is voided in whole or in part, the defendant
`will not be permitted to withdraw its guilty plea.
`
`NO OTHER PROMISES
`
`The defendant acknowledges that no other promises, agreements, or conditions have been
`entered into other than those set forth in this plea agreement, and none will be entered into unless
`set forth in writing, signed by all the parties.
`
`This letter shall be presented to the Court, in open court, and filed in this case.
`
`Very truly yours,
`
`EYITAYO ST. MATTHEW-DANIEL
`ASSISTANT CHIEF
`U.S. DEPARTMENT OF ruSTICE
`ANTITRUST DIVISION, NEW YORK OFFICE
`
`DAVID E. NOVICK
`ASSISTANT IINITED STATES ATTORNEY
`DISTRICT OF CONNECTICUT
`
`9
`
`

`

`Case 3:22-cr-00157-KAD Document 8 Filed 08/03/22 Page 10 of 14
`
`August 3, 2022
`Letter to James L Glasser, Esq
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`The defendant certifies that it has read this plea agreement letter and its attachment(s) or has had
`it read or translated to it, that it has had ample time to discuss this agreement and its attachment(s)
`with counsel and that it fully understands and accepts its terms.
`
`AXI
`The
`By
`
`CTING LLC
`
`Date
`
`*r'OS $, O)*1*$t7-
`
`I have thoroughly read, reviewed and explained this plea agreement and its attachment(s) to my
`client who advises me that it understands and accepts its terms.
`
`I.
`ESQ.
`for the Defendant
`
`Date
`
`10
`
`

`

`Case 3:22-cr-00157-KAD Document 8 Filed 08/03/22 Page 11 of 14
`
`August 3, 2022
`Letter to James I. Glasser, Esq.
`
`STIPULATION OF OFF'ENSE CONDUCT AND RELEVANT CONDUCT
`
`The defendant, Axion Specialty Contracting LLC ("AXION"), and the Govemment
`stipulate to the following offense conduct and relevant conduct that give rise to the defendant's
`agreement to plead guilty to the Information:
`
`1. Beginning in or around October 2012 and continuing until as late as March 2018, in the
`District of Connecticut and elsewhere, AXION, acting through Paul M. Canara Jr.
`("Camara"), its President, knowingly entered into and engaged in a combination and
`conspiracy to suppress and eliminate competition by allocating certain customers, rigging
`bids, and fixing prices for insulation contracts in unreasonable restraint ofinterstate trade
`and commerce.
`2. No employee of AXION other than Camara is alleged to have been a knowing participant
`in this uiminal conduct.
`3. During this period, Caruata, AXION's President, was responsible for bidding on insulation
`contracts at the company.
`4. During this period, Carnara (and thereby AXION) knowingly agreed with Michael S.
`Flynn, Gary DeVoe, BC Flynn Contracting Co.p., Langan Insulation LLC, and Thomas F.
`Langan, to share their respective bids and bid prices for the pulpose of allocating certain
`insulation contracts among them at higher bid prices than if they had competed against
`each other.
`5. During this period,Camara (and thereby AXION), Flynn, DeVoe, BC Flynn, Langan
`Insulation, and Langan shared bids and bid prices through various means including during
`meetings, through phone calls, and text messages.
`6. During this period, Camara (and thereby AXION), Flynn, DeVoe, BC Flynn, Langan
`Insulation, and Langan submitted non-competitive bids for certain insulation projects.
`7. With respect to certain contracts, as a result of their agreement to collude, Camara (and
`thereby AXION), Flynn, DeVoe, BC Flynn, Langanlnsulation, andLanganwere awarded
`contracts and provided insulation services pursuant to contracts that were awarded at
`collusive prices.
`8. During this period, Carnara (and thereby AXION), Flynn, DeVoe, BC Flynn, Langan
`Insulation, andLangan inflated certain initial bid prices by some amount, generally
`around approximately 5o/o, as a result of their agreement to rig certain bids.
`g. The business activities that are the subject of Count One were within the flow of, and
`substantially affected, interstate trade and commerce.
`
`11
`
`

`

`Case 3:22-cr-00157-KAD Document 8 Filed 08/03/22 Page 12 of 14
`
`August 3, 2022
`Letter to James I. Glasser, Esq.
`
`Attachment A
`
`Victim Name
`1. City of Bridgeport
`2. City of West Haven
`3. Liuna Training and Education Fund
`4. Stamford Hospital
`5. YaleNew Haven Health
`6. Yale University
`Total
`
`Restitution Amount
`$168,750
`$91,855
`$1,073
`$43,9r7
`$1,515
`
`$6,011
`$313,121
`
`T2
`
`

`

`Case 3:22-cr-00157-KAD Document 8 Filed 08/03/22 Page 13 of 14
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`August 3, 2022
`Letter to James I. Glasser, Esq
`
`This written stipulation and Attachment A are part of the plea agreement. The Government
`and the defendant reserve their right to present additional offense conduct and relevant conduct to
`the Courl in connection with sentencing
`
`TY
`
`CTING LLC
`
`By
`
`{,GA+*fi--
`
`VE
`
`EYITAYO ST. MATTHEW-DANIEL
`ASSISTANT CHIEF
`U.S. DEPARTMENT OF ruSTICE
`ANTITRUST DIVISION, NEW YORK OFFICE
`
`VID E. NOVICK
`ASSISTANT UNITED STATES ATTORNEY
`DISTzuCT OF CONNECTICUT
`
`t
`
`I
`ESQ
`RNEY FOR THE DEFENDANT
`
`13
`
`

`

`Case 3:22-cr-00157-KAD Document 8 Filed 08/03/22 Page 14 of 14
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`August 3, 2022
`Letter to James I. Glasser, Esq
`
`RIDER CONCERNING RESTITUTION
`
`The Court may order that the defendant make restitution under 18 U.S.C. $ 3663 as follows:
`
`1. If the offense resulted in damage to or loss or destruction of property of a victim of the offense:
`A. Return the property to the owner of the properly or someone designated by the owner; or
`B. If retum of the property is impossible, impracticable, or inadequate, pay an amount equal
`to:
`The greater of -
`(I) the value of the property on the date of the damage, loss, or destruction; or
`
`(II) the value of the property on the date of sentencing, less the value as of the date the
`property is returned.
`
`2. Inthe case of an offense resulting in bodily injrrty to a victim -
`A. Pay an amount equal to the costs of necessary medical and related professional services
`and devices related to physical, psychiatric, and psychological care; including non-medical
`care and treatment rendered in accordance with a method of healing recognized by the law
`of the place of treatment;
`
`B. Pay an amount equal to the cost of necessary physical and occupational therapy and
`rehabilitation; and
`
`C. Reimburse the victim for income lost by such victim as a result of such offense;
`3. In the case of an offense resulting in bodily injury that results in the death of the victim, pay
`an amount equal to the cost of necessary funeral and related services; and
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`4. In any case, reimburse the victim for lost income and necessary child care, transportation, and
`other expenses incurred during participation in the investigation or prosecution of the offense
`or attendance at proceedings related to the offense.
`
`The order of restitution has the effect of a civil judgment against the defendant. In addition
`to the Court-ordered restitution, the Court may order that the conditions of its order of restitution
`be made a condition of probation or supervised release. Failure to make restitution as ordered may
`result in a revocation of probation, 18 U.S.C. $ 3565, or a modification of the conditions of
`supervised release, 18 U.S.C. $ 3583(e). Failure to pay restitution may also result in the defendant
`being held in contempt, or the defendant's re-sentencing to any sentence which might originally
`have been imposed by the Court. See 18 U.S.C. $$ 3613A, 3614. The Court may also order that
`the defendant give notice to any victim(s) of its offense under 18 U.S.C. $ 3555.
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