`Case 2:07-cr-00023-JFB Document 8 Filed 02/22/07 Page 1 of 5 PageID #: 27
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`MJL:ALB:PE
`F.
`# 2006R01043
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF NEW YORK
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`UNITED STATES OF AMERICA
`
`INFORMATION
`
`Vv.
`
`THOMAS CUNNINGHAM,
`
`Defendant.
`
`“
`Cr. No.
`§ 1; T.
`{(T. 15, U.S.Cc.,
`18, U.S.c., §§ 3551 et
`seq.)
`
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`THE UNITED STATES CHARGES:
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`INTRODUCTION
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`At all times relevant to this Information, unless
`
`otherwise indicated:
`
`1.
`
`The defendant Thomas Cunningham was the vice-
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`president of Total Industrial & Packaging (“TIP”).
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`2.
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`TIP was an entity organized and existing under the
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`laws of Pennsylvania with its principal place of business in
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`McKees Rocks, Pennsylvania.
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`TIP was a provider of metal sling
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`hoist assemblies to the United States Navy.
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`3.
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`A “metal sling hoist assembly” is a wire rope
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`basket-type sling consisting of swaged legs on both free ends and
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`two tensioning latches, which is used to hold items to be
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`transported, such as bombs and other munitions. Metal sling
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`hoist assemblies are used in some form by all branches of the
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`
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`Case 2:07-cr-00023-JFB Document 8 Filed 02/22/07 Page 2 of 5 PagelD #: 28
`Case 2:07-cr-00023-JFB Document 8 Filed 02/22/07 Page 2 of 5 PageID #: 28
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`military and,
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`in particular,
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`they are frequently used by the Navy
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`onboard aircraft carriers to transport missiles or bombs from
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`where those weapons are stored to the planes or helicopters that
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`will carry them. Cunningham and his co-conspirators were engaged
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`in manufacturing and selling metal sling hoist assemblies to the
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`U.S. Navy.
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`4.
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`Various corporations and individuals, not made
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`defendants in this Information, participated as co-conspirators
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`in the offense charged herein and performed acts and made
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`statements in furtherance thereof.
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`SHERMAN ACT CONSPIRACY
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`5.
`
`Beginning at least as early as August of 2003 and
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`continuing until as late as January of 2004,
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`the exact dates
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`being unknown to the United States,
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`the defendant and co-
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`conspirators entered into and engaged in a combination and
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`conspiracy to suppress and eliminate competition by agreeing to
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`submit non-competitive bids to the United States Navy on
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`contracts for metal sling hoist assemblies.
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`The combination and
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`conspiracy engaged in by the defendant and co-conspirators was in
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`unreasonable restraint of interstate trade and commerce in
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`violation of Section 1 of the Sherman Act (Title 15, U.S.C.,
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`8
`
`1).
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`6.
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`The charged combination and conspiracy consisted
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`of an agreement, understanding and concert of action among the
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`
`
`Case 2:07-cr-00023-JFB Document 8 Filed 02/22/07 Page 3 of 5 PagelD #: 29
`Case 2:07-cr-00023-JFB Document 8 Filed 02/22/07 Page 3 of 5 PageID #: 29
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`defendant and co-conspirators,
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`the substantial terms of which
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`were to rig bids on contracts for metal sling hoist assemblies
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`sold to the United States Navy for the purpose of raising the
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`price paid by the Department of Defense for the metal sling hoist
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`assemblies.
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`The combination and conspiracy was carried out,
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`in
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`part, within the Eastern District of New York within the five
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`years preceding the filing of this Information.
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`7.
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`For the purpose of forming and carrying out the
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`charged combination and conspiracy, Cunningham and the co-
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`conspirators did those things that they combined and conspired to
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`do,
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`including, among other things:
`
`(a)
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`attended meetings and engaged in discussions
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`regarding the sale of metal sling hoist assemblies
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`to the United States Navy;
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`(ob)
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`agreed during those meetings and discussions not
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`to compete on certain contracts with the United
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`States Navy either by not submitting prices or
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`bids on those contracts, by alternating winning
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`bids on those contracts, or by submitting
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`intentionally high prices or bids on those
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`contracts;
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`(c)
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`discussed and exchanged prices on certain
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`contracts so as not to undercut one another’s
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`prices;
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`
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`Case 2:07-cr-00023-JFB Document 8 Filed 02/22/07 Page 4 of 5 PagelD #: 30
`Case 2:07-cr-00023-JFB Document 8 Filed 02/22/07 Page 4 of 5 PageID #: 30
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`(ad)
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`submitted bids in accordance with the agreements
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`reached;
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`(e)
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`sold metal sling hoist assemblies to the United
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`States Navy pursuant to those agreements at
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`collusive and non-competitive prices; and
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`(£)
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`accepted payment for metal sling hoist assemblies
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`sold at collusive and noncompetitive prices.
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`THRE CONSPIRACY’S EFFECT ON INTERSTATE COMMERCE
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`8.
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`During the period covered by this Information,
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`metal hoist sling assemblies sold by one or more of the co-
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`conspirator firms, and equipment and supplies necessary to the
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`production and distribution of metal sling hoist assemblies, as
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`well as payments for metal sling hoist assemblies and necessary
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`supplies,
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`traveled in interstate commerce.
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`9.
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`During the period covered by this Information,
`
`the
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`business activities of Cunningham and his co-conspirators in
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`connection with the production and sale of metal sling hoist
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`
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`Case 2:07-cr-00023-JFB Document 8 Filed 02/22/07 Page 5 of 5 PagelD #: 31
`Case 2:07-cr-00023-JFB Document 8 Filed 02/22/07 Page 5 of 5 PageID #: 31
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`assemblies that are the subject of this Information were within
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`the flow of, and substantially affected,
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`interstate trade and
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`commerce.
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`(Title 15, United States Code, Section 1; Title 18,
`United States Code, Sections 3551 et seq.)
`
`PHEL
`
`LI
`Chief
`National Criminal Enforcement
`
`THOMAS O. BARNETT
`Assistant Attorney General
`
`
`
`
`SCOTT D,. HAMMOND
`Deputy Assistant Attorney General KATIE HELLINGS
`:
`PATRICK EGAN
`Attorneys, Antitrust Division
`U.S. Department of Justice
`Nat’l Crim. Enforcement Sect.
`1401 H Street, NW, Suite 3700
`MARC SIEGEL
`Director of Criminal Enforcement Washington, D.C. 20530
`Antitrust Division
`Tel.:
`(202) 307-6694
`U.S. Department of Justice
`
`