UNITED STATES DISTRICT COURT
(15 U.S.C. § 1)
The Grand Jury charges:
1. JOSEPH Y. LONGMIRE is indicted and made a Defendant in this Indictment. From July 1988 to March 1993, the Defendant was employed by ICI Explosives USA Inc. ("ICI"), a manufacturer of commercial explosives. Defendant was president of its Southeast Subsidiary Group and then vice president of ICI. He had responsibility for sales of commercial explosives in western Kentucky, southern Indiana and southern Illinois (the "West Kentucky Region"). The general manager of West Kentucky Explosives, Inc., an ICI wholly owned distributor of explosives in the West Kentucky Region, reported to Defendant.
2. Beginning sometime in the Fall 1988 and continuing at least until sometime in 1993, the exact dates being unknown to the Grand Jury, the Defendant and co-conspirators entered into and engaged in a combination and conspiracy that unreasonably restrained interstate trade and commerce in violation of Section 1 of the Sherman Act, 15 U.S.C. § 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 to fix prices, allocate customers, and rig bids on certain commercial explosives offered for sale to certain purchasers in the West Kentucky Region and to receive payments for those sales.
MEANS AND METHODS OF THE CONSPIRACY
4. For the purpose of forming and carrying out the charged combination and conspiracy in the West Kentucky Region, the Defendant and co-conspirators did the following things, among others:
5. Various persons and firms, not made defendants in this Indictment, participated as co-conspirators in the charged combination and conspiracy, and performed acts and made statements in furtherance of it.
6. Whenever this Indictment refers to any act, deed or transaction of any corporation, it 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.
7. Commercial explosives are chemical products, such as high explosives and blasting agents, initiating devices and accessories that are used in the coal mining and quarry industries. Among the high explosives and blasting agents commonly sold by ICI and its distributors in the West Kentucky Region are dynamites, ANFO (ammonium nitrate mixed with fuel oil), and emulsions. Initiating devices, used to detonate the explosives, include blasting caps or detonators.
8. During the period covered by this Indictment, the Defendant and co-conspirators sold and distributed commercial explosives in the West Kentucky Region that were manufactured outside that area. These commercial explosives were shipped in a continuous and uninterrupted flow of interstate commerce from their places of manufacture to local suppliers and purchasers in the West Kentucky Region.
9. The activities of the Defendant and co-conspirators that are the subject of this Indictment were within the flow of, and substantially affected, interstate trade and commerce.
JURISDICTION AND VENUE
10. The combination and conspiracy charged in this Indictment was carried out, in part, within the Western District of Kentucky within the five yearspreceding the return of this Indictment.
ALL IN VIOLATION OF TITLE 15, UNITED STATES CODE, SECTION 1.
A TRUE BILL