UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TENNESSEE
`AT KNOXVILLE
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`UNITED STATES OF AMERICA
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`v
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`'
`DAVID CAMP
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`g
`)
`)
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`No. 3:21-cr— 93
`Judges cri+2¢r22£v1+w~
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`PLEA AGREEMENT
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`The United States of America, by the United States Attorney for the Eastern District of
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`Tennessee, the defendant, DAVID CAMP, and the defendant’s attorney, Wade V. Davies, Esq.,
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`have agreed upon the following:
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`1.
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`The defendant knowingly and voluntarily waives his rights to be charged by
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`indictment and to be arraigned and agrees to plead guilty to an information charging the defendant
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`with one count of the following offense:
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`Price-Fixing Conspiracy: Beginning in at least as early as May 2018 and continuing until
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`on or about October 29, 2019, the exact dates being unknown to the United States, in the Eastern
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`District of Tennessee and elsewhere, the defendant and his co-conspirators knowingly entered into
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`and engaged in a combination and conspiracy to suppress and eliminate competition by fixing
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`prices of video media contained on digital video discs and Blu-Ray discs (hereinafter, collectively,
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`“DVDs and Blu-Ray Discs”) sold through the Amazon Marketplace platform to customers located
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`throughout the United States. The combination and conspiracy engaged in by the defendant and
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`co-conspirators was a per se unlawful, and thus unreasonable, restraint of interstate and foreign
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`trade and commerce in Violation of Section 1 of the Sherman Act (15 U.S.C. § 1).
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`(a)
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`The maximum punishment for this offense is ten years’ imprisonment; a
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`fine in an amount equal to the greatest of (1) $1 million,
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`(2) twice the gross pecuniary gain the
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`conspirators derived from the crime, or (3) twice the gross pecuniary loss causedto the Victims of
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`the crime by the conspirators (15 U.S.C. § 1; 18 U.S.C. § 3571(b); three years’ supervised release
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`following any term of imprisonment, and a $100 mandatory assessment.
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`2.
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`In consideration of the defendant’s guilty plea,
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`the United States agrees not to
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`further prosecute the defendant for any other non-tax criminal offenses committed by the defendant
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`that are related to the charges contained in the information and that are known to the United States
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`Department of Justice, Antitrust Division or the United States Attorney’s Office for the Eastern
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`District of Tennessee at the time this plea agreement is signed by the parties. The nonprosecution
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`terms of this paragraph do not apply to (a) any acts of perjury or subomation of perjury (18 U.S.C.
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`§§ 1621-22), making a false statement or declaration (18 U.S.C. §§ 1001, 1623), obstruction of
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`justice (18 U.S.C. §§ 1503 et seq), contempt (18 U.S.C. §§ 401-402), or conspiracy to commit
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`such offenses; (b) civil matters of any kind; (c) any Violation of the federal tax or securities laws
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`or conspiracy to commit such offenses; or (d) any crime of Violence.
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`3.
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`The defendant has read the information, discussed the charge and possflale defenses
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`with defense counsel, and understands the crime charged. Specifically,
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`the elements of the Price-
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`Fixing Conspiracy (Agreement in Restraint of Interstate Trade) offense, in Violation of 15 U.S.C.
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`§ 1, are as follows:
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`(a)
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`the conspiracy described in the Information existed at or about the time
`alleged;
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`(b)
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`the defendant knowingly became a member of the conspiracy; and
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`(c)
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`the conspiracy described in the Information either substantially affected
`interstate commerce in goods or services or occurred within the flow of
`interstate commerce.
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`4.
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`In support of the defendant’s guilty plea, the United States and the defendant agree
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`and stipulate to the following facts, which satisfy the elements of the offense. These are the facts
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`submitted for purposes ofthe defendant’s guilty plea. They do not necessarily constitute all of the
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`facts in the case. Other facts may be relevant to sentencing. Both the defendant and the United
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`States retain the right
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`to present additional
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`facts to the Court to ensure a fair and appropriate
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`sentence in this case.
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`(a)
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`For purposes of this Plea Agreement, the “relevant period” is that period
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`from at least May 2018 and continuing until on or about October 29, 2019. During the
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`relevant period, the defendant operated an Amazon Marketplace storefront with a
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`business address located in Sweetwater, Tennessee, and was respons1ble for establishing
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`the storefront’s pricing. During the relevant period, the defendant was a distributor or
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`seller of DVDS and Blu—Ray Discs and sold DVDs and Blu-Ray Discs through the
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`storefront on the Amazon Marketplace. DVDs and Blu-Ray Discs are forms of optical
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`disc storage and the Amazon Marketplace is an e-commerce platform owned and
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`operated by Amazon.com, Inc. (“Amazon”) in the United States that enables third-party
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`vendors to sell new or used products alongside Amazon’s own offerings. The Amazon
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`Marketplace is a component of the Amazon.com website. During the relevant period, the
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`defendant’s affected sales to US. customers of DVDs and Blu—Ray Discs sold through
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`the Amazon Marketplace totaled at least $500,000. The defendant delivered the DVDs
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`and Blu-Ray Discs to Amazon locations,
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`including locations outside of the state of
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`Tennessee, for further distribution to purchasers located throughout the United States.
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`(b)
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`During the relevant period, the defendant participated in a conspiracy with
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`other persons and entities engaged in the sale and distribution of DVDs and Blu-Ray
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`Discs through the Amazon Marketplace, the primary purpose of which was to suppress
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`and eliminate competition by fixing prices of DVDs and Blu-Ray Discs sold through the
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`Amazon Marketplace platform to customers throughout the United States. In furtherance
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`of the conspiracy, the defendant engaged in discussions, transmitted across state lines
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`both orally and electronically, with representatives of other sellers of DVDs and Blu-Ray
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`Discs on the Amazon Marketplace. During these discussions, agreements were reached
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`to suppress and eliminate competition by fixing prices for DVDs and Blu—Ray Discs sold
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`through the Amazon Marketplace to customers throughout the United States.
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`(0)
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`During the relevant period, the defendant and other conspirators sold
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`DVDs and Blu—Ray Discs through the Amazon Marketplace in various ways, and
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`payments for DVDs and Blu-Ray Discs sold by the defendant and other conspirators
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`through the Amazon Marketplace traveled in interstate commerce. The business
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`activities of the conspirators in connection with the sale of DVDs and Blu-Ray Discs sold
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`through the Amazon Marketplace that were the subject of this conspiracy were within the
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`flow of, and substantially affected, interstate trade and commerce.
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`((1)
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`Acts in furtherance of this conspiracy were carried out within the Eastern
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`District of Tennessee, and at least one of the conspiratorial discussions described above
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`in which the defendant participated occurred in this District.
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`5.
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`The defendant is pleading guilty because the defendant is
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`in fact guilty.
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`The
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`defendant understands that, by pleading guilty, he is giving up several rights, including:
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`(a)
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`(b)
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`the right to be indicted by a grand jury for these crimes;
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`the right to plead not guilty;
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`(0)
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`the right to a speedy and public trial by jury;
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`(d)
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`the right to assistance of counsel at trial;
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`(e)
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`the right to be presumed innocent and to have the burden of proof placed on
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`the United States to prove the defendant guilty beyond a reasonable doubt;
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`(f)
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`(g)
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`the right to confront and cross-examine witnesses against the defendant;
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`the right to testify on one’s own behalf, to present evidence in opposition to
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`the charges, and to compel the attendance of witnesses; and
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`(h)
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`the right not to testify and to have that choice not used against the defendant.
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`6.
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`The parties agree that the appropriate disposition of this case would be the
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`following:
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`(a)
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`The Court may impose any lawful term of imprisonment, any lawful fines,
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`and any lawful terms of supervised release up to the statutory maximums.
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`(b)
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`(0)
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`The Court will impose special assessment fees as required by law.
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`The Court may order restitution pursuant to 18 U.S.C. § 3663(a)(3) or
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`3583(d) as appropriate.
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`(d)
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`In light of the availability of civil causes of action, which potentially provide
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`for arecovery of a multiple of actual damages, the parties agree to recommend that the defendant’s
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`sentence not include a restitution order for the offense charged in the Information.
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`(e)
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`Pursuant to Rule ll(c)(l)(B), at sentencing the parties will stipulate that
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`pursuant to U.S.S.G. § 2R1.l(a)—(c), the volume of affected commerce is at least $500,000 but not
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`more than $1,000,000.
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`This stipulation is not binding on the Court, and in the event the Court
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`rejects this recommendation,
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`the defendant may not withdraw his guilty plea or rescind this plea
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`agreement.
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`(f)
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`The parties agree that no aggravating or mitigating role in the offense
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`adjustment is appropriate under U.S.S.G. §§ 3Bl.l or 3B1.2.
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`7.
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`No promises have been made by any representative of the United States to the
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`defendant as to what the sentence will be in this case. Any estimates or predictions made to the
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`defendant by defense counsel or any other person regarding any potential sentence in this case are
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`not binding on the Court, and may not be used as abasis to rescind this plea agreement or withdraw
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`the defendant’s guilty plea. The defendant understands that the sentence in this case will be
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`determined by the Court after it receives the presentence investigation report from the United
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`States Probation Office and any information presented by the parties.
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`The defendant
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`acknowledges that the sentencing determination will be based upon the entire scope of the
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`defendant’s criminal conduct, his criminal history, and pursuant to other factors and guidelines as
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`set forth in the Sentencing Guidelines and the factors set forth in 18 U.S.C. § 3553.
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`8.
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`Given the defendant’s agreement to plead guilty, the United States will not oppose
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`a two-level reduction for acceptance of responsibility under the provisions of § 3El.l(a) of the
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`Sentencing Guidelines. Further, if the defendant’s offense level is 16 or greater, and the defendant
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`is awarded the two-level reduction pursuant to § 3El.l(a), the United States agrees to move the
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`Court, at or before the time of sentencing, to decrease the offense level by one additional
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`level
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`pursuant to § 3E1.1(b) of the Sentencing Guidelines. Should the defendant engage in any conduct
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`or make any statements that are inconsistent with accepting responsibility for his offense, including
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`violations of conditions of release or the commission of any additional offense(s) prior to
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`sentencing, the United States will be free to decline to make such motion, to Withdraw that motion
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`if already made, and to recommend to the Court that the defendant not receive any reduction for
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`acceptance of responsibility under § 3El.l of the Sentencing Guidelines.
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`9.
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`The parties agree that there exists no aggravating or mitigating circumstance of a
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`kind, or to a degree, not adequately taken into consideration by the U.S. Sentencing Commission
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`in formulating the Sentencing Guidelines justifying adeparture pursuant to U.S.S.G. § 5K2.0. The
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`parties additionally agree not to seek at the sentencing hearing any Guidelines adjustment for any
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`reason that is not set forth in this Plea Agreement.
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`10.
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`The parties are free to recommend any, or no sentence of incarceration to the Court,
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`provided that any such arguments are not inconsistent with any provisions of this agreement.
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`11.
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`12.
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`The defendant agrees to pay the special assessment in this case prior to sentencing.
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`The defendant agrees to pay all fines and restitution imposed by the Court to the
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`Clerk of Court. The defendant also agrees that the full fine and/or restitution amount(s) shall be
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`considered due and payable immediately.
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`Ifthe defendant cannot pay the full amount immediately
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`and is placed in custody or under the supervision ofthe Probation Office at any time, the defendant
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`agrees that the Bureau of Prisons and the Probation Office will have the authority to establish
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`payment schedules to ensure payment of the fine and/0r restitution. The defendant further agrees
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`to cooperate fully in efforts to collect any financial obligation imposed by the Court by set—off of
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`federal payments, execution on non-exempt property, and any other means the United States deems
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`appropriate. The defendant and counsel also agree that the defendant may be contacted post-
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`judgment
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`regarding the collection of any financial obligation imposed by the Court without
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`notifying the defendant’s counsel and outside the presence of the defendant’s counsel.
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`In order to
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`facilitate the collection of financial obligations to be imposed with this prosecution, the defendant
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`agrees to disclose fully all assets in which he has any interest or over which he exercises control,
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`directly or indirectly,
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`including those held by a spouse, nominee, or other third party.
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`In
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`furtherance of this agreement, the defendant additionally agrees to the following specific terms
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`and conditions:
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`(a)
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`If so requested by the United States, the defendant will promptly submit a
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`completed financial statement to the United States Attorney’s Office, in a form it provides and as
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`it directs. The defendant promises that such financial statement and disclosures will be complete,
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`accurate, and truthful.
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`(b)
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`The defendant expressly authorizes the United States Attorney’s Office to
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`obtain a credit report on the defendant in order to evaluate the defendant’s ability to satisfy any
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`financial obligation imposed by the Court.
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`(0)
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`If so requested by the United States, the defendant will promptly execute
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`authorizations on forms provided by the United States Attomey’s Office to permit the United
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`States Attorney’s Office to obtain the defendant’s financial and tax records.
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`13.
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`The defendant acknowledges that the principal benefits to the United States of this
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`agreement include the conservation of limited government resources and bringing a certain end to
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`the case. Accordingly,
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`in consideration of the concessions made by the United States in this
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`agreement and as a further demonstration of the defendant’s acceptance of responsibility for the
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`offense committed,
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`the defendant voluntarily,
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`knowingly,
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`and intentionally
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`agrees to the
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`following:
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`(a)
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`The defendant will not file a direct appeal of his conviction or sentence With
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`one exception:
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`the defendant retains the right to appeal a sentence imposed above the sentencing
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`guideline
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`range determined by the Court or above any mandatory minimum sentence deemed
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`applicable by the Court, whichever is greater. The defendant also waives the right to appeal the
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`Court’s determination as to whether his sentence will be consecutive or concurrent to any other
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`sentence.
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`(b)
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`The defendant will not file any motions or pleadings pursuant to 28 U.S.C.
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`§2255 or otherwise collaterally attack his conviction or sentence, with two exceptions:
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`the
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`defendant retains the right
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`to file a § 2255 motion as to (i) prosecutorial misconduct and (ii)
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`ineffective assistance of counsel. The defendant agrees that there is currently no known evidence
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`of ineffective assistance of counsel or prosecutorial misconduct.
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`(c)
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`The defendant will not, whether directly or by a representative, request or
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`receive from any department or agency of the United States any records pertaining to the
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`investigation or prosecution of this case, including, without
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`limitation, any records that may be
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`sought under the Freedom of Information Act, 5 U.S.C. § 552, or the Privacy Act of 1974, 5 U.S.C.
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`§ 552a.
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`14.
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`This plea agreement becomes effective once it is signed by the parties and is not
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`contingent on the defendant’s entry of a guilty plea. If the United States violates the terms of this
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`agreement, the defendant will have the right to withdraw from this agreement. If the defendant
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`violates the terms of this agreement in any way (including, without limitation, by failing to enter
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`a guilty plea as agreed herein, moving to withdraw guilty plea after entry, or by Violating any court
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`order or any local, state, or federal law pending the resolution of this case),then the United States
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`will have the right to void any or all parts of the agreement and may also enforce whatever parts
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`of the agreement it chooses.
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`In addition,
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`the United States may prosecute the defendant for any
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`and all federal crimes that he committed related to this case, including any charges that were
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`dismissed and any other charges the United States agreed not to pursue. The defendant expressly
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`waives any statute-of-limitations defense and any constitutional or speedy trial or double jeopardy
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`defense to prosecution for the conduct covered by this agreement. The defendant also understands
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`and agrees that a Violation of this agreement by the defendant does not entitle him to withdraw his
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`guilty plea.
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`15.
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`The United States will file a supplement in this case, as required in every case by
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`the Local Rules of the United States District Court for the Eastern District of Tennessee, even
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`though there may or may not be any additional
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`terms.
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`If additional
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`terms are included in the
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`supplement, they are hereby fully incorporated herein.
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`16.
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`This plea agreement and supplement constitute the full and complete agreement
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`and understanding between the parties concerning the defendant’s guilty plea to the above-
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`referenced charges. There are no other agreements, promises, undertakings, or understandings
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`between the defendant and the United States. The parties understand and agree that the terms of
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`this agreement can be modified only in writing signed by all of the parties and that any and all
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`other promises, representations, and statements whether made before, contemporaneous with, or
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`after this agreement, are null and void.
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`10
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`17.
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`The undersigned attorneys for the United States have been authorized by the
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`Attorney General of the United States to enter this Plea Agreement on behalf of the United States.
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`For the United States
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`FRANCIS M. HAMILTON HI
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`Acting United States Attorney
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`éflfrfl?! By. flag a ’W ‘ ROBERT M.
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`CUBS
`KEVIN C. CULUM
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`Trial Attorneys,
`United States Department ofJustice,
`Antitrust Division
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`
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`WILLIAM A. ROACH, JR.
`Assistant United States Attorney
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`For the Defendant
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`(a / n. 2 (
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`Date
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`(9
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`i
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`192-1
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`Date
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`DAVID CAMP
`Defendant
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`W M
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`WADE V. DAVIES
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`Attorney for Defendant
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`11
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