IN THE UNITED STATES DISTRICT COURT
COUNT ONE: [18 U.S.C. § 1962(d) - Conspiring to Conduct the Affairs of an Enterprise Through a Pattern of Racketeering Activity]
The United States Attorney charges:
RANDALL LEE RAHAL
defendant herein, as follows:
1. At all times relevant to this Information, SK Foods, L.P. was a limited partnership, with principal places of business in Monterey, Williams, Ripon, and Lemoore, California. SK Foods, L.P. and its related corporate entities ("SK Foods") is a grower and processor of tomato products and other food products for sale to food product manufacturers, food service distributors and marketers, and retail outlets. For purposes of this Information, "processed tomato products" includes, among other things, bulk tomato paste and diced tomatoes.
2. SK Foods, including its leaders, employees and associates, constituted an "enterprise" as defined in Title 18, United States Code, Section 1961(4) (hereinafter "the enterprise"), that is a legal entity that was engaged in, and whose activities affected, interstate and foreign commerce.
3. At all times relevant to this Information, Intramark USA, Inc. ("Intramark"), was a New Jersey-based company holding itself out as a wholesaler of food ingredients, including processed tomato products, and an importer of juice concentrates. In that capacity, Intramark acted on behalf of itself and others in selling processed tomato products to customers.
4. At all times relevant to this Information, Intramark was owned and operated by defendant RANDALL LEE RAHAL ("RAHAL") . Through Intramark, RAHAL worked on behalf of SK Foods as a sales broker. In that capacity, RAHAL oversaw among other things the negotiation and execution of contracts between SK Foods and many of its customer companies. Through Intramark, RAHAL also acted as an advisor and director of SK Foods, giving direction to and receiving periodic reports regarding various aspects of SK Foods' business from SK Foods employees, including certain co-conspirators.
5. At various times relevant to this Information, RAHAL, and others known and unknown were leaders, employees and associates of SK Foods, an enterprise whose leaders, employees and associates engaged in acts of mail fraud, wire fraud and bribery, and which operated principally in the Eastern District of California, the Northern District of California and the District of New Jersey.
Purposes of the Defendants
6. The purposes of the defendant and other leaders, employees and associates of the enterprise included the following:
Means and Methods of the Defendants
7. Among the means and methods by which the defendant and other leaders, employees and associates of the enterprise conducted and participated in the conduct of the affairs of the enterprise were the following:
The Racketeering Conspiracy
8. Beginning in or about January 2004, and continuing through about April 2008, within the Eastern District of California and elsewhere, defendant RANDALL LEE RAHAL, together with others, being persons employed by and associated with SK Foods, an enterprise, which engaged in, and the activities of which affected interstate and foreign commerce, knowingly and intentionally conspired to violate 18 U.S.C. § 1962(c), that is, to conduct and participate, directly and indirectly, in the conduct of the affairs of SK Foods through a pattern of racketeering activity, as that terra is defined in Sections 1961(1) and 1961(5) of Title 18, United States Code, consisting of multiple acts indictable under the following provisions of federal law: 18 U.S.C. §§ 1341 and 1346 (honest services mail fraud) ; 18 U.S.C. § 1341 (mail fraud); and 18 U.S.C. § 1343 (wire fraud), and multiple acts involving bribery chargeable under the following provisions of state law: N.J. Stat. Ann. § 2C:21-10 (2008) ; Cal. Penal Code § 641.3 (2008) ; and Tex. Penal Code § 32.43 (2008).
9. It was a further part of the conspiracy that RAHAL agreed that a conspirator would commit at least two acts of racketeering activity in the conduct of the affairs of the enterprise.
All in violation of Title 18, United States Code, Section 1962(d).
COUNT TWO: [18 U.S.C. § 1957 - Money Laundering]
The United States Attorney further charges: THAT
RANDALL LEE RAHAL
defendant herein, on or about April 16, 2007, in District of New Jersey, did knowingly engage and attempt to engage in a monetary transaction, by, through and to a financial institution, affecting interstate and foreign commerce, in criminally derived property of a value greater than $10,000, that is, a withdrawal in the amount of $12,896 by way of a check drawn on Sun National Bank account number XXXXXX5624, in the name of Intramark USA, such property having been derived from a specified unlawful activity to wit; a scheme to defraud in violation of 18 U.S.C. §§ 1341, 1343 and 1346. All in violation of Title 18, United States Code, Sections 1957 and 2.
COUNT THREE: [15 U.S.C. § 1 - Price Fixing, and 18 U.S.C. § 2 -Aiding and Abetting]
The United States Attorney further charges:
RANDALL LEE RAHAL
defendant herein, as follows:
1. The allegations contained in paragraphs 1 through 6 of Count One of this Information are realleged and incorporated herein as if fully set forth.
2. Beginning at least as early as February 2006 and continuing until approximately April 2008, the defendant RANDALL LEE RAHAL and co-conspirators entered into and engaged in a combination and conspiracy to suppress and restrain competition for processed tomato products sold in the United States, in unreasonable restraint of interstate trade and commerce, in violation of the Sherman Act, Title 15, United States Code, Section 1.
3. 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:
4. 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:
5. Various corporations and individuals, not made defendants in this Information, participated as co-conspirators in the offense charged in this Information and performed acts and made statements in furtherance of it.
6. During the period covered by this Information, defendant RAHAL and co-conspirators sold and distributed processed tomato products in a continuous and uninterrupted flow of interstate trade and commerce to customers located in states other than the states in which the co-conspirators produced processed tomato products.
7. The business activities of defendant RAHAL and coconspirators that are the subject of this Information were within the flow of, and substantially affected, interstate and foreign trade and commerce.
8. The defendant, RANDALL LEE RAHAL, aided, abetted, counseled, commanded, induced, and procured the combination and conspiracy charged in this Count and willfully caused others to perform acts and make statements in furtherance of the charged combination and conspiracy, in violation of Title 18, United States Code, Section 2.