Case 2:07-cr-00024-JFB Document 8 Filed 02/22/07 Page 1 of 5 PagelD #: 27
`Case 2:07-cr-00024-JFB Document 8 Filed 02/22/07 Page 1 of 5 PageID #: 27
`
`MJL:ALB:PE
`F.
`# 2006R01043
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF NEW YORK
`
`-- eee el LLL Lg
`
`F
`Us WoL ED
`OSTRIERKS 0Flog
`% ore
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`EB 25 2007
`|
`
`UNITED STATES OF AMERTCA
`
`V.
`RICHARD BARKO,
`Defendant.
`
`INFORMATION
`
`cr. No.
`(T. 15, U.S.C.,
`§ 1; T.
`18, U.S.C., §§ 3551 et
`seq. }
`
`---- ee eee LL LLL nk - X
`
`THE UNITED STATES CHARGES:
`
`INTRODUCTION
`
`At all times relevant to this Information, unless
`
`otherwise indicated:
`
`1.
`
`The defendant Richard Barko was the general
`
`manager of Total Industrial & Packaging (“TIP”).
`
`2.
`
`TIP was an entity organized and existing under the
`
`laws of Pennsylvania with its principal place of business in
`
`TIP was a provider of metal sling
`McKees Rocks, Pennsylvania.
`hoist assemblies to the United States Navy.
`
`A “metal sling hoist assembly” is a wire rope
`3.
`basket-type sling consisting of swaged legs on both free ends and
`
`two tensioning latches, which is used to hold items to be
`
`transported, such as bombs and other munitions. Metal sling
`hoist assemblies are used in some form by all branches of the
`
`
`Case 2:07-cr-00024-JFB Document 8 Filed 02/22/07 Page 1 of 5 PageID #: 27
`
`MJL:ALB:PE
`F.
`# 2006R01043
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF NEW YORK
`
`-- eee el LLL Lg
`
`F
`Us WoL ED
`OSTRIERKS 0Flog
`% ore
`VREDyy
`EB 25 2007
`|
`
`UNITED STATES OF AMERTCA
`
`V.
`RICHARD BARKO,
`Defendant.
`
`INFORMATION
`
`cr. No.
`(T. 15, U.S.C.,
`§ 1; T.
`18, U.S.C., §§ 3551 et
`seq. }
`
`---- ee eee LL LLL nk - X
`
`THE UNITED STATES CHARGES:
`
`INTRODUCTION
`
`At all times relevant to this Information, unless
`
`otherwise indicated:
`
`1.
`
`The defendant Richard Barko was the general
`
`manager of Total Industrial & Packaging (“TIP”).
`
`2.
`
`TIP was an entity organized and existing under the
`
`laws of Pennsylvania with its principal place of business in
`
`TIP was a provider of metal sling
`McKees Rocks, Pennsylvania.
`hoist assemblies to the United States Navy.
`
`A “metal sling hoist assembly” is a wire rope
`3.
`basket-type sling consisting of swaged legs on both free ends and
`
`two tensioning latches, which is used to hold items to be
`
`transported, such as bombs and other munitions. Metal sling
`hoist assemblies are used in some form by all branches of the
`
`
`
`Case 2:07-cr-00024-JFB Document 8 Filed 02/22/07 Page 2 of 5 PagelD #: 28
`Case 2:07-cr-00024-JFB Document 8 Filed 02/22/07 Page 2 of 5 PageID #: 28
`
`they are frequently used by the Navy
`in particular,
`military and,
`onboard aircraft carriers to transport missiles or bombs from
`where those weapons are stored to the planes or helicopters that
`will carry them. Barko and his co-conspirators were engaged in
`manufacturing and selling metal sling hoist assemblies to the
`U.S. Navy.
`
`Various corporations and individuals, not made
`4.
`defendants in this Information, participated as co-conspirators
`in the offense charged herein and performed acts and made
`
`Statements in furtherance thereof.
`
`SHERMAN ACT CONSPIRACY
`
`5.
`
`Beginning at least as early as August of 2003 and
`
`continuing until as late as January of 2004,
`
`the exact dates
`
`being unknown to the United States,
`
`the defendant and co-
`
`conspirators entered into and engaged in a combination and
`
`conspiracy to suppress and eliminate competition by agreeing to
`submit non-competitive bids to the United States Navy on
`
`contracts for metal sling hoist assemblies.
`
`The combination and
`
`conspiracy engaged in by the defendant and co-conspirators was in
`
`unreasonable restraint of interstate trade and commerce in
`
`violation of Section 1 of the Sherman Act (Title 15, U.S.Cc.,
`
`§
`
`1).
`
`6.
`
`The charged combination and conspiracy consisted
`
`of an agreement, understanding and concert of action among the
`
`
`
`Case 2:07-cr-00024-JFB Document 8 Filed 02/22/07 Page 3 of 5 PagelD #: 29
`Case 2:07-cr-00024-JFB Document 8 Filed 02/22/07 Page 3 of 5 PageID #: 29
`
`the substantial terms of which
`defendant and co-conspirators,
`were to rig bids on contracts for metal Sling hoist assemblies
`sold to the United States Navy for the purpose of raising the
`price paid by the Department of Defense for the metal sling hoist
`assemblies.
`The combination and conspiracy was carried out,
`in
`part, within the Eastern District of New York within the five
`years preceding the filing of this Information.
`
`the
`For the purpose of forming and carrying out
`Vi.
`charged combination and conspiracy, Barko and the co-conspirators
`did those things that they combined and conspired to do,
`including, among other things:
`
`(a)
`
`attended meetings and engaged in discussions
`
`regarding the sale of metal sling hoist assemblies
`
`to the United States Navy;
`
`(b)
`
`agreed during those meetings and discussions not
`
`to compete on certain contracts with the United
`
`states Navy either by not submitting prices or
`
`bids on those contracts, by alternating winning
`
`bids on those contracts, or by submitting
`
`intentionally high prices or bids on those
`
`contracts;
`
`(c)
`
`discussed and exchanged prices on certain
`
`contracts so as not to undercut one another's
`
`prices;
`
`
`
`Case 2:07-cr-00024-JFB Document 8 Filed 02/22/07 Page 4 of 5 PagelD #: 30
`Case 2:07-cr-00024-JFB Document 8 Filed 02/22/07 Page 4 of 5 PageID #: 30
`
`(ad)
`
`submitted bids in accordance with the agreements
`
`reached;
`
`{e)
`
`sold metal sling hoist assemblies to the United
`
`States Navy pursuant to those agreements at
`
`collusive and non-competitive prices; and
`
`(f)
`
`accepted payment for metal sling hoist assemblies
`
`sold at collusive and noncompetitive prices.
`
`THE CONSPIRACY’S EFFECT ON INTERSTATE COMMERCE
`
`8.
`
`During the period covered by this Information,
`
`metal hoist sling assemblies sold by one or more of the co-
`
`conspirator firms, and equipment and supplies necessary to the
`
`production and distribution of metal sling hoist assemblies, as
`
`well as payments for metal sling hoist assemblies and necessary
`
`Supplies,
`
`traveled in interstate commerce.
`
`9.
`
`During the period covered by this Information,
`
`the
`
`business activities of Barko and his co-conspirators in
`
`connection with the production and sale of metal sling hoist
`
`
`
`Case 2:07-cr-00024-JFB Document 8 Filed 02/22/07 Page 5 of 5 PagelD #: 31
`Case 2:07-cr-00024-JFB Document 8 Filed 02/22/07 Page 5 of 5 PageID #: 31
`
`assemblies that are the subject of this Information were within
`the flow of, and substantially affected,
`interstate trade and
`
`commerce,
`
`(Title 15, United States Code, Section 1; Title 18,
`United States Code, Sections 3551 et seg.)
`
`c
`
`THOMAS O. BARNETT
`Assistant Attorney General
`
`sCOTT D. HAMMOND
`Deputy Assistant Attorney General
`
`MARC SIEGEL
`Director of Criminal Enforcement
`Antitrust Division
`U.S. Department of Justice
`
`LISACPHELAN
`Chief
`National Criminal Enforcement
`Sectign
`
`MARK ROS
`KATIE HELLINGS
`PATRICK EGAN
`Attorneys, Antitrust Division
`U.S. Department of Justice
`Nat’l Crim. Enforcement Sect.
`1401 H Street, NW, Suite 3700
`Washington, D.C. 20530
`Tel.:
`(202) 307-6694
`
`
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