`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLUMBIA
`
`
`v.
`
`UNITED STATES OF AMERICA
`
`
`
`ROBBY VAN MELE,
`
`
`
`
`Criminal No.
`
`Filed:
`
`Violation: 15 U.S.C. § 1
`Conspiracy in Restraint of Trade
`
`
`
`Defendant.
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`INFORMATION
`
`COUNT ONE
`Conspiracy in Restraint of Trade
`(15 U.S.C. § 1)
`
`The United States charges that at all times relevant to this Information:
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`BACKGROUND
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`1.
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`The Department of Defense maintains military bases in Belgium to protect the
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`national security interests of the United States. On behalf of the United States government, the
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`Department of Defense enters into and funds contracts for security services with companies to
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`protect the security of these physical locations and the safety of personnel stationed there.
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`2.
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`Security services include individual guards protecting physical buildings, mobile
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`monitoring of certain locations, and electronic surveillance of defined areas. Individual
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`customers, including the United States Department of Defense (the “Department of Defense”),
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`seeking security services issued tenders and invited firms to bid on these contracts. These tenders
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`listed the location to be guarded, the duration of the services, and the overall scope of services
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`sought. When a company submitted a winning bid, it was selected to enter into a contract with
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`the customer for the provision of the services sought.
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`1
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`Case 1:21-cr-00573-TSC Document 1 Filed 09/13/21 Page 2 of 6
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`DEFENDANT AND CO-CONSPIRATORS
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`3.
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`During the period covered by this Information, ROBBY VAN MELE (the
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`“Defendant”) resided in Belgium and was employed as the Director of Operations for G4S
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`Secure Solutions NV (“G4S”), a corporation charged elsewhere, and organized and existing
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`under the laws of Belgium with its principal place of business in Brussels, Belgium. During the
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`period covered by this Information, the Defendant, on behalf of G4S, was engaged in the
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`business of providing security services to a variety of customers in Belgium.
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`4.
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`Various corporations and individuals, not made defendants in this Information,
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`participated as co-conspirators in the offense charged herein and performed acts and made
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`statements in furtherance thereof.
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`5.
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`Whenever in this Information reference is made to any act, deed or transaction of
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`any corporation, the allegation means that the corporation engaged in the act, deed, or transaction
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`by or through its officers, directors, agents, employees, or other representatives while they were
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`actively engaged in the management, direction, control, or transaction of its business or affairs.
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`
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`DESCRIPTION OF THE OFFENSE
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`6.
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`Beginning at least as early as Spring 2019 and continuing until as late as Summer
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`2020, the exact dates being unknown to the United States, the Defendant entered into and
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`engaged in a combination and conspiracy with co-conspirators to suppress and eliminate
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`competition by allocating customers, rigging bids, and fixing prices for contracts for the
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`provision of security services in Belgium, including those with the United States, through the
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`Department of Defense, and those with the North Atlantic Treaty Organization (NATO)
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`Communications and Information Agency (the “NCI Agency”), which is funded in part by the
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`United States. The combination and conspiracy engaged in by the Defendant and co-conspirators
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`2
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`Case 1:21-cr-00573-TSC Document 1 Filed 09/13/21 Page 3 of 6
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`was a per se unlawful, and thus unreasonable, restraint of interstate and foreign trade and
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`commerce in violation of Section 1 of the Sherman Act (15 U.S.C. § 1).
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`7.
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`The charged combination and conspiracy consisted of a continuing agreement,
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`understanding, and concert of action among the Defendant and co-conspirators, the substantial
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`terms of which were that they would allocate customers, rig bids, and fix prices for contracts for
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`the provision of security services in Belgium, including certain contracts with the United States
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`and the NCI Agency by coordinating price increases; submitting artificially-determined, non-
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`competitive, inflated bids; and refraining from bidding for certain contracts. The objective of the
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`conspiracy was to be awarded certain security services contracts, including those with the United
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`States, through the Department of Defense, and those with the NCI Agency, which is funded in
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`part by the United States, and receive payments for those contracts, including from the
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`Department of Defense, at non-competitive, inflated prices for the duration of the contracts.
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`MEANS AND METHODS OF THE CONSPIRACY
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`8.
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`For the purpose of forming and carrying out the charged combination and
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`conspiracy, the Defendant and co-conspirators did those things that they combined and conspired
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`to do, including, among other things:
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`(a) attending meetings and engaging in discussions during which they agreed to
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`allocate customers, rig bids, and fix prices;
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`(b) participating in meetings to discuss which co-conspirator would submit the
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`winning bid on particular tenders, including those issued by the Department of Defense
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`for locations in Belgium;
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`(c) communicating with each other via phone, text message, encrypted messaging
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`applications, and email to discuss which co-conspirator would submit the winning bid on
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`3
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`Case 1:21-cr-00573-TSC Document 1 Filed 09/13/21 Page 4 of 6
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`particular tenders, including those issued by the Department of Defense for locations in
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`Belgium;
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`(d) agreeing, during those meetings and communications, not to compete against
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`each other for particular tenders, including those issued by the Department of Defense for
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`locations in Belgium;
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`(e) submitting or withholding bids in accordance with the agreements reached,
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`including to and from the Department of Defense for locations in Belgium;
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`(f) providing security services at collusive and non-competitive prices, including
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`to the Department of Defense at locations in Belgium; and
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`(g) receiving payments for security services at collusive, non-competitive prices,
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`including from the Department of Defense for locations in Belgium.
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`TRADE AND COMMERCE
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`9.
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`The United States solicited bids from and entered into contracts with the co-
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`conspirators for security services provided to United States military bases in Belgium. The
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`charged combination and conspiracy had a direct, substantial, and reasonably foreseeable effect
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`on U.S. interstate, import, and export trade and commerce, and that effect, in part, gives rise to
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`this charge. The charged combination and conspiracy also had a substantial and intended effect
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`in the United States.
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`10.
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`For example: (a) the charged combination and conspiracy prevented the
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`Department of Defense from receiving true competition for bids on a contract for security
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`services in Belgium; (b) the charged combination and conspiracy also caused the Department of
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`Defense to pay non-competitive prices for security services provided at military bases and
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`installations in Belgium; and (c) proposals, contracts, invoices for payment, payments, and other
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`documents and items essential to the provision of security services were transmitted in foreign
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`4
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`Case 1:21-cr-00573-TSC Document 1 Filed 09/13/21 Page 5 of 6
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`trade and commerce between the co-conspirators located in Belgium and their customers located
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`in the United States and elsewhere.
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`11.
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`The business activities of the Defendant and co-conspirators in connection with
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`the security services contracts that are the subject of this Information were within the flow of,
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`and substantially affected, commerce among the states and with foreign nations.
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`
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`ALL IN VIOLATION OF TITLE 15, UNITED STATES CODE, SECTION 1.
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`5
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`Case 1:21-cr-00573-TSC Document 1 Filed 09/13/21 Page 6 of 6
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`Dated:
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`September 13, 2021
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`(cid:2)(cid:3)(cid:1)(cid:4)(cid:1)(cid:2)(cid:3)
`
`_________________________________
`RICHARD A. POWERS
`Acting Assistant Attorney General
`
`_________________________________
`MARVIN N. PRICE, JR.
`Director of Criminal Enforcement
`
`__________________________________
`___________________
`JOSEPH MUOIO
`PH MUOIO
`Chief, New York Office
`New York Office
`
`__________________________________
`_______________
`EYITAYO ST. MATTHEW-DANIEL
`YO ST MATTHE
`Assistant Chief, New York Office
`
`U.S. Department of Justice
`Antitrust Division
`
`__________________________________
`BRYAN SERINO
`DINA HOFFER
`KATHRYN KUSHNER
`Trial Attorneys, New York Office
`
`U.S. Department of Justice
`Antitrust Division
`26 Federal Plaza, Suite 3630
`New York, NY 10278
`Tel: 212-335-8000
`
`6
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