Case 2:09-cr-00054-JBF-TEM Document 1 Filed 04/20/09 Page 1 of 8 PageID# 1
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF VIRGINIA
`
`Norfolk Division
`
`UNITED STATES OF AMERICA
`
`v.
`
`CRIMINAL NO. 2:09cr
`
`VIRGINIA HARBOR SERVICES, INC.,
`
`formerly doing business as
`
`Trelleborg Engineered Products, Inc.
`
`Conspiracy to Restrain Trade
`
`Defendant.
`
`15U.S.C. §1
`
`(Counts 1-2)
`
`CRIMINAL INFORMATION
`
`COUNT ONE
`
`THE UNITED STATES OF AMERICA, THROUGH ITS ATTORNEYS, CHARGES
`
`THAT:
`
`DESCRIPTION OF THE OFFENSE
`
`1.
`
`Beginning at least as early as December 2002 and continuing until as late as
`
`August 2005, 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 foam-filled marine fenders
`
`and buoys 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
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF VIRGINIA
`
`Norfolk Division
`
`UNITED STATES OF AMERICA
`
`v.
`
`CRIMINAL NO. 2:09cr
`
`VIRGINIA HARBOR SERVICES, INC.,
`
`formerly doing business as
`
`Trelleborg Engineered Products, Inc.
`
`Conspiracy to Restrain Trade
`
`Defendant.
`
`15U.S.C. §1
`
`(Counts 1-2)
`
`CRIMINAL INFORMATION
`
`COUNT ONE
`
`THE UNITED STATES OF AMERICA, THROUGH ITS ATTORNEYS, CHARGES
`
`THAT:
`
`DESCRIPTION OF THE OFFENSE
`
`1.
`
`Beginning at least as early as December 2002 and continuing until as late as
`
`August 2005, 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 foam-filled marine fenders
`
`and buoys 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
`
`
`
`Case 2:09-cr-00054-JBF-TEM Document 1 Filed 04/20/09 Page 2 of 8 PageID# 2
`
`terms of which were to allocate customers and rig bids for contracts of foam-filled marine
`
`fenders and buoys in the United States and elsewhere. The victims of this conspiracy included
`
`the U.S. Coast Guard and elements of 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, through several of its executives, 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 foam-filled marine fenders and buoys
`
`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 foam-filled marine fenders and buoys to the U.S. Coast Guard, the
`
`U.S. Navy, and others pursuant to those agreements at collusive and
`
`noncompetitive prices;
`
`
`
`Case 2:09-cr-00054-JBF-TEM Document 1 Filed 04/20/09 Page 3 of 8 PageID# 3
`
`(f)
`
`accepted payment for foam-filled marine fender and buoys sold at the
`
`collusive and noncompetitive prices; and
`
`(g)
`
`authorized or consented to the participation of subordinate employees
`
`and/or distributors in the conspiracy.
`
`DEFENDANT AND CO-CONSPIRATORS
`
`4.
`
`During the period covered by this Count, the defendant was a corporation
`
`organized and existing under the laws of Delaware, with its principal place of business in
`
`Frederick County, Virginia. During the relevant period, the defendant was engaged in the
`
`manufacture and sale of a number of products, including: foam-filled marine fenders and buoys;
`
`and plastic marine pilings.
`
`5.
`
`Various corporations and individuals, not made defendants in this Count,
`
`participated as co-conspirators in the offense charged herein and performed acts and made
`
`statements in furtherance thereof.
`
`6.
`
`Whenever in this Count reference is made to any act, deed or transaction of any
`
`corporation, the allegation means that the corporation engaged in the act, deed, or transaction by
`
`or through its officers, directors, agents, employees, or other representatives while they were
`
`actively engaged in the management, direction, control or transaction of its business or affairs.
`
`TRADE AND COMMERCE
`
`7.
`
`Foam-filled marine fenders are used as a cushion between ships and either fixed
`
`structures such as docks or piers, or floating structures such as other ships. Foam-filled buoys are
`
`used in a variety of applications, including as channel markers and navigational aids. Foam-
`
`filled marine fenders and buoys are constructed of an elastomer shell filled with closed-cell
`
`
`
`Case 2:09-cr-00054-JBF-TEM Document 1 Filed 04/20/09 Page 4 of 8 PageID# 4
`
`polyethylene foam. During the period covered by this Count, the defendant manufactured and
`
`sold foam-filled marine fenders and buoys in the United States and elsewhere.
`
`8.
`
`During the period covered by this Count, foam-filled marine fenders and buoys
`
`sold by one or more of the conspirator firms, and equipment and supplies necessary to the
`
`production and distribution of foam-filled marine fenders and buoys, as well as payments for
`
`foam-filled marine fenders and buoys, traveled in interstate and foreign commerce.
`
`9.
`
`During the period covered by this Count, the business activities of defendant and
`
`its co-conspirators in connection with the production and sale of foam-filled marine fenders and
`
`buoys that are the subject of this Count were within the flow of, and substantially affected,
`
`interstate and foreign trade and commerce.
`
`JURISDICTION AND VENUE
`
`10.
`
`The combination and conspiracy charged in Count One of this 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).
`
`
`
`Case 2:09-cr-00054-JBF-TEM Document 1 Filed 04/20/09 Page 5 of 8 PageID# 5
`
`COUNT TWO
`
`THE UNITED STATES OF AMERICA, THROUGH ITS ATTORNEYS, FURTHER
`CHARGES THAT:
`
`DESCRIPTION OF THE OFFENSE
`
`1.
`
`Beginning at least as early as December 2002 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 States and elsewhere. The victims of this conspiracy included elements of 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, through several of its executives, and co-conspirators did those things
`
`that they combined and conspired to do, including, among other things:
`
`
`
`Case 2:09-cr-00054-JBF-TEM Document 1 Filed 04/20/09 Page 6 of 8 PageID# 6
`
`(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. 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.
`
`DEFENDANT AND CO-CONSPIRATORS
`
`4.
`
`Each and every allegation contained in Paragraphs 4-6 of Count One of this
`
`Information is here realleged as if fully set forth in this Count.
`
`
`
`Case 2:09-cr-00054-JBF-TEM Document 1 Filed 04/20/09 Page 7 of 8 PageID# 7
`
`TRADE AND COMMERCE
`
`5.
`
`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 timber pilings. They are often used in port and pier construction projects with
`
`foam-filled fenders, which are used as cushions between ships and either fixed structures, such as
`
`docks or piers, or floating structures, such as other ships. During the relevant period, the
`
`defendant manufactured and sold plastic marine pilings in the United States and elsewhere.
`
`6.
`
`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.
`
`7.
`
`During the relevant period, the business activities of defendant and its co-
`
`conspirators in connection with the production and sale of plastic marine pilings that are the
`
`subject of this Count were within the flow of, and substantially affected, interstate and foreign
`
`trade and commerce.
`
`
`
`Case 2:09-cr-00054-JBF-TEM Document 1 Filed 04/20/09 Page 8 of 8 PageID# 8
`
`JURISDICTION AND VENUE
`
`8.
`
`The combination and conspiracy charged in Count Two of this Information was
`
`carried out, in part, within the Eastern District of Virginia within the five years preceding the
`
`filing of this Information, excluding the period during which the running of the statute of
`
`limitations was suspended pursuant to agreement with the Defendant.
`
`(All in violation of Title 15, United States Code, Section 1).
`
`Dated:
`
`Scott D. Hammond
`
`Lisa M. Phelan
`
`Acting Assistant Attorney General
`
`Chief, National Criminal Enforcement
`
`Section
`
`)f-rrxl\s^.
`Kenneth W. Gaul ^
`Jon B. Jacobs
`
`Attorneys, Antitrust Division
`
`U.S. Department of Justice
`
`National Criminal Enforcement Section
`
`450 Fifth Street, NW
`
`Suite 11300
`
`Washington, DC 20001
`
`202-307-6147
`
`Marc Siegel
`
`Director of Criminal Enforcement
`
`Antitrust Division
`
`U.S. Department of Justice
`
`Dana J. Boente
`
`Acting United States Attorney for the
`
`Eastern District of Virginia
`
`By: Robert J. Seidel, Jr., Siiffervisory
`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 Number - 757-441-6331
`Facsimile Number - 757-441-6689
`E-Mail Address - rob.seidel@usdoj.gov
`
`
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