UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
UNITED STATES OF AMERICA,
CHARLES W. JOHNSON,
Criminal No.: 3-95-CR-292-D
18 U.S.C. § 1623
The United States of America, acting through its attorneys, charges:
(18 U.S.C. § 1623)
1. Charles W. Johnson is hereby made a defendant on the charge stated
2. From 1986 until April, 1993, Charles W. Johnson was the President
of the Dallas bakery location operated by Campbell Taggart Baking Companies,
Inc. and its predecessor corporation Manor Baking Company of Dallas
(hereinafter referred to as "the Dallas Rainbo bakery"), and was engaged
in the manufacture, sale and distribution of bread and bread products
from the Dallas Rainbo bakery.
3. On June 29, 1995, in the Northern District of Texas, Charles W.
Johnson testified under oath as a witness before a grand jury of the
United States District Court for the Northern District of Texas, sitting
in Dallas, Texas, and knowingly made false material declarations concerning
matters the grand jury was investigating, in violation of 18 U.S.C.
4. At that time and place the grand jury was conducting an investigation
to determine, among other things, whether any person or company engaged
in the business of manufacturing and distributing bread and bread products,
or their employees, had violated or was violating the Sherman Act (15 U.S.C.
§ 1), or other federal criminal laws, in the Northern District
of Texas and elsewhere.
5. It was material to the grand jury's investigation to determine
whether Charles W. Johnson, as former President of the Dallas Rainbo
- discussed the prices being charged, or to be charged, for bread
and bread products sold by the Dallas Rainbo bakery, or any of its competitors,
with any employee of a competitor of the Dallas Rainbo bakery;
- discussed coordinating or raising the prices to be charged for
bread and bread products by the Dallas Rainbo bakery, or any competing
bakery, with any employee of a competitor of the Dallas Rainbo bakery;
- agreed to raise, fix or maintain prices for bread and bread products
sold by the Dallas Rainbo bakery, or any of its competitors, with any
employee of a competitor of the Dallas Rainbo bakery.
6. On June 29, 1995, Charles W. Johnson, while under oath, knowingly
declared falsely before the grand jury with respect to the material
matters set out in paragraph 5 above, as illustrated in the following
examples of his testimony:
(Page and line references are to the official grand jury transcript
of Charles Johnson, dated June 29, 1995. Declarations charged as false
Page 70, Lines 11-13
- Did you ever discuss with Mr. Oler about increasing prices in the
Page 81, Lines 2-4
- Did you ever have conversations with Mr. Oler about what Mrs. Bairds
was going to be doing on its price?
Page 106, Lines 11-13
- Did you ever have any discussions with Mr. Oler about Baird's prices
or Rainbo's prices?
Page 121, Lines 1-9
- Did you at any time during your tenure as president of the Dallas
bakery have any conversations with Stanley Oler of Mrs. Bairds Bread
where you asked Mr. Oler's assurance that Mrs. Bairds would follow a
proposed price increase from your company? Do you follow my question?
- What's your answer?
- The answer to that is no. I don't ever recall discussing anything
like that with Stanley Oler.
Page 121, Lines 19-23
- During your tenure at any time did Mr. Oler either call you or meet
with you and ask whether your company, Rainbo, was going to match a
proposed Mrs. Baird's price increase?
7. These declarations of Charles W. Johnson, as he then and there
knew, were false in that (1) Charles W. Johnson did in fact discuss
the prices being charged, and to be charged, for bread and bread products
sold by the Dallas Rainbo bakery, and its competitors with competitors
of the Dallas Rainbo bakery; and (2) Charles W. Johnson did in fact
discuss raising and coordinating the prices to be charged for bread
and bread products by the Dallas Rainbo bakery and its competitors with
employees of competitors of the Dallas Rainbo bakery.
ALL IN VIOLATION OF TITLE 18, UNITED STATES CODE, SECTION 1623.
DATED this ______________day of ________________,
ANNE K. BINGAMAN
Assistant Attorney General
GARY R. SPRATLING
Deputy Assistant Attorney General
ALAN A. PASON
Chief, Dallas Office
PAUL E. COGGINS
United States Attorney
Northern District of Texas
DUNCAN S. CURRIE
DAVID B. SHAPIRO
GLENN A. HARRISON
WILLIAM C. McMURREY
U.S. Department of Justice
1601 Elm Street, Suite 4950
Dallas, Texas 75201-4717
Telephone: (214) 655-2700