Case 2:07-cr-00154-RAJ-JEB Document 1 Filed 08/07/07 Page 1 of 4 PageID# 1
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF VIRGINIA
`
`Norfolk Division
`
`UNITED STATES OF AMERICA
`
`v.
`
`CRIMINAL NO. 2:07cr
`
`WILLIAM ALAN POTTS,
`
`15 U.S.C. § 1
`
`Defendant.
`
`Conspiracy to Restrain Trade
`
`CRIMINAL INFORMATION
`
`THE UNITED STATES OF AMERICA, THROUGH ITS ATTORNEYS, CHARGES THAT:
`
`DESCRIPTION OF THE OFFENSE
`
`1.
`
`Beginning at least as early as December 2000 and continuing until as late as May 2003,
`
`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 allocating customers
`
`and rigging bids for contracts of plastic marine pilings in the United States and elsewhere. The
`
`combination and conspiracy engaged in by the defendant and co-conspirators was in unreasonable
`
`restraint of interstate and foreign trade and commerce in violation of Section 1 of the Sherman Act (15
`
`U.S.C. § 1).
`
`2.
`
`The charged combination and conspiracy consisted of a continuing agreement,
`
`understanding, and concert of action among the defendant and co-conspirators, the substantial terms
`
`of which were to allocate customers and rig bids for contracts of plastic marine pilings in the United
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF VIRGINIA
`
`Norfolk Division
`
`UNITED STATES OF AMERICA
`
`v.
`
`CRIMINAL NO. 2:07cr
`
`WILLIAM ALAN POTTS,
`
`15 U.S.C. § 1
`
`Defendant.
`
`Conspiracy to Restrain Trade
`
`CRIMINAL INFORMATION
`
`THE UNITED STATES OF AMERICA, THROUGH ITS ATTORNEYS, CHARGES THAT:
`
`DESCRIPTION OF THE OFFENSE
`
`1.
`
`Beginning at least as early as December 2000 and continuing until as late as May 2003,
`
`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 allocating customers
`
`and rigging bids for contracts of plastic marine pilings in the United States and elsewhere. The
`
`combination and conspiracy engaged in by the defendant and co-conspirators was in unreasonable
`
`restraint of interstate and foreign trade and commerce in violation of Section 1 of the Sherman Act (15
`
`U.S.C. § 1).
`
`2.
`
`The charged combination and conspiracy consisted of a continuing agreement,
`
`understanding, and concert of action among the defendant and co-conspirators, the substantial terms
`
`of which were to allocate customers and rig bids for contracts of plastic marine pilings in the United
`
`
`
`Case 2:07-cr-00154-RAJ-JEB Document 1 Filed 08/07/07 Page 2 of 4 PageID# 2
`
`States and elsewhere. The victims of this conspiracy included the Department of Defense, including
`
`the U.S. Navy, as well as private companies.
`
`MEANS AND METHODS OF THE CONSPIRACY
`
`3.
`
`For the purpose of forming and carrying out the charged combination and conspiracy,
`
`the defendant and co-conspirators did those things that they combined and conspired to do, including,
`
`among other things:
`
`(a)
`
`attended meetings and engaged in discussions by telephone, facsimile and
`
`electronic mail, regarding the sale of plastic marine pilings sold in the United
`
`States and elsewhere;
`
`(b)
`
`agreed during those meetings and discussions to allocate jobs and to create and
`
`exchange order logs in order to implement and monitor this agreement;
`
`(c)
`
`agreed during those meetings and discussions not to compete for one another's
`
`customers either by not submitting prices or bids to certain customers, or by
`
`submitting intentionally high prices or bids to certain customers;
`
`(d)
`
`submitted bids in accordance with the agreements reached;
`
`(e)
`
`sold plastic marine pilings to the U.S. Coast Guard, the U.S. Navy and others
`
`pursuant to those agreements, at collusive and noncompetitive prices;
`
`(f)
`
`accepted payment for plastic marine pilings sold at the collusive and
`
`noncompetitive prices; and
`
`(g)
`
`authorized or consented to the participation of subordinate employees and/or
`
`distributors in the conspiracy.
`
`
`
`Case 2:07-cr-00154-RAJ-JEB Document 1 Filed 08/07/07 Page 3 of 4 PageID# 3
`
`DEFENDANT AND CO-CONSPIRATORS
`
`4.
`
`During the entire period covered by this Information, the defendant was vice-president
`
`of a firm located in Clearbrook, Virginia that is engaged in the manufacture and sale of marine products,
`
`including plastic marine pilings. In December 2002, that firm was purchased by a corporation whose
`
`ultimate parent entity is located in Trelleborg, Sweden.
`
`5.
`
`Various corporations and individuals, not made defendants in this Information,
`
`participated as co-conspirators in the offense charged herein and performed acts and made statements
`
`in furtherance thereof.
`
`TRADE AND COMMERCE
`
`6.
`
`Plastic marine pilings are reinforced synthetic pilings, resembling telephone poles, used
`
`in commercial dock and pier construction. Plastic marine pilings are substitutes for traditional wood
`
`pilings in port and pier construction projects.
`
`7.
`
`During the relevant period, plastic marine pilings sold by one or more of the conspirator
`
`firms, and equipment and supplies necessary to the production and distribution of plastic marine pilings,
`
`as well as payments for plastic marine pilings, traveled in interstate and foreign commerce.
`
`8.
`
`During the relevant period, the business activities of defendant and his co-conspirators
`
`in connection with the production and sale of plastic marine pilings that are the subject of this
`
`Information were within the flow of, and substantially affected, interstate and foreign trade and
`
`commerce.
`
`
`
`Case 2:07-cr-00154-RAJ-JEB Document 1 Filed 08/07/07 Page 4 of 4 PageID# 4
`
`JURISDICTION AND VENUE
`
`9.
`
`The combination and conspiracy charged in this Criminal Information was carried out,
`
`in part, within the Eastern District of Virginia within the five years preceding the filing of this
`
`Information.
`
`(All in violation of Title 15, United States Code, Section 1).
`
`Dated:
`
`Thomas O. Barnett
`
`Assistant Attorney General
`
`'
`Lisa M. PMan
`Chief, National Criminal Enforcement Section
`
`Scott D. Hammond
`
`Deputy Assistant Attorney General
`
`Marc Siegel
`
`Director of Criminal Enforcement
`
`Antitrust Division
`
`U.S. Department of Justice
`
`Chuck Rosenberg
`
`United States Attorney for the
`
`Eastern District of Virginia
`
`J: Brady Dugan
`
`Kenneth W. Gaul
`
`Craig Y. Lee
`
`Patrick B. Egan
`
`Jon B. Jacobs
`
`Attorneys, Antitrust Division
`
`U.S. Department of Justice
`
`National Criminal Enforcement Section
`
`1401 H Street, NW
`
`Suite 3700
`
`Washington, DC 20005
`
`202-514-1953-office
`202-514-6525-fax
`E-Mail Address: patrick.egan@usdoj.gov
`
`By: Robert J. Seidel, Jr., Supervisory
`
`Assistant United States Attorney
`Virginia State Bar No. 14940
`Attorney for the United States
`United States Attorney's Office
`101 West Main Street, Suite 8000
`Norfolk, VA 23510
`Office: 757-441-6331/Fax: 757-441-6689
`E-Mail Address: rob.seidel@usdoj.gov
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
