Case 2:09-cr-00076-JBF-FBS Document1 Filed 05/26/09 Page 1 of 5 PagelD# 1
`Case 2:09-cr-00076-JBF-FBS Document 1 Filed 05/26/09 Page 1 of 5 PageID# 1
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERNDISTRICT OF VIRGINIA
`
`Norfolk Division
`
`CRIMINAL NO.2:09cr
`
`lo
`
`15 U.S.C. § 1
`Conspiracy to Restrain Trade
`
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`UNITED STATES OF AMERICA
`
`Vv.
`
`FRANK A. MARCH,
`
`Defendant.
`
`CRIMINAL INFORMATION
`
`THE UNITED STATES OF AMERICA, THROUGH ITS ATTORNEYS, CHARGESTHAT:
`
`DESCRIPTION OF THE OFFENSE
`
`1.
`
`Beginning in or about June 2001 and continuing until in or about December 2002,
`
`the exact dates being unknownto the United States, the defendant participated in an ongoing
`
`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 defendantand co-conspirators was
`
`in unreasonablerestraint of interstate and foreign trade and commercein 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 ofaction amongthe defendant and co-conspirators, the substantial terms
`
`of which were to allocate customers and rig bids for contracts of foam-filled marine fenders and
`
`buoysin the United States and elsewhere. The victims of this conspiracy included the U.S. Coast
`
`
`Case 2:09-cr-00076-JBF-FBS Document 1 Filed 05/26/09 Page 1 of 5 PageID# 1
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERNDISTRICT OF VIRGINIA
`
`Norfolk Division
`
`CRIMINAL NO.2:09cr
`
`lo
`
`15 U.S.C. § 1
`Conspiracy to Restrain Trade
`
`) )
`
`)
`)
`)
`)
`)
` )
`
`UNITED STATES OF AMERICA
`
`Vv.
`
`FRANK A. MARCH,
`
`Defendant.
`
`CRIMINAL INFORMATION
`
`THE UNITED STATES OF AMERICA, THROUGH ITS ATTORNEYS, CHARGESTHAT:
`
`DESCRIPTION OF THE OFFENSE
`
`1.
`
`Beginning in or about June 2001 and continuing until in or about December 2002,
`
`the exact dates being unknownto the United States, the defendant participated in an ongoing
`
`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 defendantand co-conspirators was
`
`in unreasonablerestraint of interstate and foreign trade and commercein 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 ofaction amongthe defendant and co-conspirators, the substantial terms
`
`of which were to allocate customers and rig bids for contracts of foam-filled marine fenders and
`
`buoysin the United States and elsewhere. The victims of this conspiracy included the U.S. Coast
`
`
`
`Case 2:09-cr-00076-JBF-FBS Document1 Filed 05/26/09 Page 2 of 5 PagelD# 2
`Case 2:09-cr-00076-JBF-FBS Document 1 Filed 05/26/09 Page 2 of 5 PageID# 2
`
`Guard and elements of the Department of Defense, including the U.S. Navy, as well as private
`
`companies.
`
`MEANS AND METHODSOF THE CONSPIRACY
`
`3.
`
`Forthe purpose ofcarrying out the charged combination and conspiracyto restrain
`
`trade, the defendantand co-conspirators did those things that they combined and conspiredto do,
`
`including, among otherthings:
`attended meetings and engaged in discussions by telephone, facsimile and
`
`(a)
`
`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 discussionsto allocate jobsandto create
`
`and exchangeorderlogs in order to implement and monitorthis 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)
`
`(e)
`
`submitted bids in accordance with the agreements reached;
`
`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;
`
`(f)
`
`accepted payment for foam-filled marine fender and buoys sold at the
`
`collusive and noncompetitiveprices;
`
`
`
`Case 2:09-cr-00076-JBF-FBS Document1 Filed 05/26/09 Page 3 of 5 PagelD# 3
`Case 2:09-cr-00076-JBF-FBS Document 1 Filed 05/26/09 Page 3 of 5 PageID# 3
`
`(g)
`
`created and exchanged order logs,
`
`in accordance with the agreements
`
`reached,reflecting the sales made by both companiesin orderto track the
`
`successof the market allocation and bid-rigging scheme; and
`
`(h)
`
`authorizedor consentedto the participation of subordinate employeesand/or
`
`distributors in the conspiracy.
`
`‘DEFENDANT AND CO-CONSPIRATORS
`
`4.
`
`During the entire period covered by this Information, the defendant was the Chief
`
`Executive Officer of a firm located in Clearbrook, Virginia that engaged in the manufactureandsale
`
`of marine products, including foam-filled marine fenders and buoys. In December 2002,that firm
`
`was purchased by a corporation whoseultimate parent entity is located in Trelleborg, Sweden.
`
`5.
`
`Various corporations and individuals, not made defendants in this Information,
`
`participated as co-conspiratorsin the offense charged herein and performed acts and madestatements
`
`in furtherance thereof.
`
`6.
`
`Wheneverin this Information reference is madeto any act, deedortransactionofany
`
`corporation, the allegation meansthat the corporation engagedin theact, deed, or transaction by or
`throughits 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 andeither fixed
`
`structures such as docksorpiers, or floating structures such as other ships. Foam-filled buoysare
`
`used in a variety of applications including as channel markers and navigational aids. Foam-filled
`
`marine fenders and buoys are constructedof an elastomershellfilled with closed-cell polyethylene
`
`-3-
`
`
`
`Case 2:09-cr-00076-JBF-FBS Document1 Filed 05/26/09 Page 4 of 5 PagelD# 4
`Case 2:09-cr-00076-JBF-FBS Document 1 Filed 05/26/09 Page 4 of 5 PageID# 4
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`foam. During the period covered bythis Information, the defendant’s firm manufactured and sold
`foam-filled marine fenders and buoysin the United States and elsewhere.
`
`During the period coveredby this Information, foam-filled marine fenders and buoys
`8.
`sold by one ormoreofthe conspiratorfirms, and equipmentand supplies necessaryto the production
`and distribution offoam-filled marine fenders and buoys,as well as payments forfoam-filled marine
`
`fenders and buoys, traveled in interstate and foreign commerce.
`
`9.
`
`During the period covered bythis Information, the business activities of defendant
`
`and his co-conspirators in connection with the production andsale offoam-filled marine fenders and
`
`buoys thatare the subject of this Information were within the flow of, and substantially affected,
`
`interstate and foreign trade and commerce.
`
`-4.
`
`
`
`Case 2:09-cr-00076-JBF-FBS Document1 Filed 05/26/09 Page 5 of 5 PagelD# 5
`Case 2:09-cr-00076-JBF-FBS Document 1 Filed 05/26/09 Page 5 of 5 PageID# 5
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`JURISDICTION AND VENUE
`
`The combination and conspiracy chargedin this Information was carried out,in part,
`10.
`within the Eastern District of Virginia within the five years precedingthefiling ofthis Information,
`excluding the period during which thestatute of limitations has been suspended pursuant to
`
`agreements with the defendant.
`
`(All in violation of Title 15, United States Code, Section 1).
`
`Dated:
`
`Christine A. Varney
`Assistant Attorney General
`
`Phelan
`Chief, National Criminal Enforcement Section
`
`
`
`JonJ
`
`Jon B. Jacobs
`Kenneth W. Gaul
`Attorneys, Antitrust Division
`U.S. Departmentof Justice
`National Criminal Enforcement Section
`450 Fifth Street, N.W., 11th Floor
`Washington D.C. 20530
`(202) 514-5012
`
`CK
`
`Scott D. Hammond
`Deputy Assistant Attorney General
`;
`
`
`
`Marc Siegel
`Director of Criminal Enforcement
`Antitrust Division
`U.S. DepartmentofJustice
`
`Dana J. Boente
`Acting United States Attorney for the
`Eastern District of Virginia
`
`FPsdleteg
`
`
`
`
`By: Robert J. Seidel, Jr.4Sfpervisory
`Assistant United States Attorney
`Virginia State Bar No. 14940
`United States Attorney's Office
`101 W. Main Street, Suite 8000
`Norfolk, VA 23510
`Office Number - 757-441-6331
`Facsmile Number - 757-441-6689
`Email Address - rob.seidel @usdoj.gov
`
`-5-
`
`
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