NATHANAEL M. COUSINS (State Bar No. 177944)
|NIALL E. LYNCH (State Bar No. 157959)
Original Filed Dec. 21, 2006
MAY LEE HEYE (State Bar No. 209366)
BRIGID S. BIERMANN (State Bar No. 231705)
CHARLES P. REICHMANN (State Bar No. 206699)
U.S. Department of Justice
450 Golden Gate Avenue
San Francisco, CA 94102
Telephone: (415) 436-6660
Attorneys for the United States
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
UNITED STATES OF AMERICA,
YOUNG HWAN PARK,
No. CR 06-0819MMC
Title 15, United States Code,
Section 1 - Price Fixing
San Francisco Venue
The United States of America, acting through its attorneys, charges:
DESCRIPTION OF THE OFFENSE
- YOUNG HWAN PARK is made a defendant on the charge stated below.
- From on or about April 1, 1999 until on or about June 15, 2002, the defendant's
corporate employer, Samsung Electronics Company, Ltd. ("Samsung"), and coconspirators
entered into and engaged in a combination and conspiracy in the United States and elsewhere to
suppress and eliminate competition by fixing the prices of Dynamic Random Access Memory
("DRAM") to be sold to certain original equipment manufacturers of personal computers and
servers ("OEMs"). The combination and conspiracy engaged in by the defendant's corporate
employer and coconspirators 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). The defendant joined
and participated in the charged conspiracy at various periods of time from as early as April 1,
2001, until on or about June 15, 2002.
- The charged combination and conspiracy consisted of a continuing agreement,
understanding, and concert of action among the defendant, his corporate employer, and
coconspirators, the substantial terms of which were to agree to fix the prices for DRAM to be
sold to certain OEMs.
- For the purpose of forming and carrying out the charged combination and
conspiracy, the defendant, his corporate employer, and coconspirators did those things that they
combined and conspired to do, including, among other things:
- participating in meetings, conversations, and communications in the
United States and elsewhere to discuss the prices of DRAM to be sold to
- agreeing, during those meetings, conversations, and communications, to
charge prices of DRAM at certain levels to certain OEMs;
- issuing price quotations in accordance with the agreements reached;
- exchanging information on sales of DRAM to certain OEM customers, for
the purpose of monitoring and enforcing adherence to the agreed-upon
- authorizing, ordering, and consenting to the participation of subordinate
employees in the conspiracy.
DEFENDANT AND COCONSPIRATORS
- During the time period covered by this Information:
- Samsung was a corporation organized and existing under the laws of the
Republic of Korea; its wholly owned subsidiary Samsung Semiconductor Inc. ("Samsung
Semiconductor") was a corporation organized and existing under the laws of California.
Samsung and Samsung Semiconductor were engaged in the business of producing and selling
DRAM to customers in the United States and elsewhere.
- Young Hwan Park was employed as Vice President of Sales for Memory
Products for Samsung.
- Various corporations and individuals, not made defendants in this Information,
participated as coconspirators in the offense charged in this Information and performed acts and
made statements in furtherance of it.
- Whenever in this Information 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, employees, agents, or other representatives while they were
actively engaged in the management, direction, control, or transaction of its business or affairs.
TRADE AND COMMERCE
- DRAM is the most commonly used semiconductor memory product. DRAM
provides high-speed storage and retrieval of electronic information in personal computers,
servers, and other devices. All references to DRAM in this Information include semiconductor
memory devices and modules.
- During the period covered by this Information, the defendant, his corporate
employer, and coconspirators sold and distributed DRAM in a continuous and uninterrupted flow
of interstate and foreign trade and commerce to customers located in states or countries other than
the states or countries in which the defendant, his corporate employer, and coconspirators
produced DRAM. The OEMs that were affected by the conspiracy to suppress and eliminate
competition were: Dell Inc., Compaq Computer Corporation, Hewlett-Packard Company, Apple
Computer, Inc., International Business Machines Corporation, and Gateway, Inc.
- The business activities of the defendant, his corporate employer, and
coconspirators that are the subject of this Information were within the flow of, and substantially
affected, interstate and foreign trade and commerce.
JURISDICTION AND VENUE
- The combination and conspiracy charged in this Information was carried out, in
part, in the Northern District of California, within the five years preceding the filing of this
| ALL IN VIOLATION OF TITLE 15, UNITED STATES CODE, SECTION 1.
Thomas O. Barnett
Assistant Attorney General
Phillip H. Warren
Chief, San Francisco Office
Scott D. Hammond
Deputy Assistant Attorney General
Niall E. Lynch, Assistant Chief
Nathanael M. Cousins
May Y. Lee
Brigid S. Biermann
Charles P. Reichmann
U.S. Department of Justice
450 Golden Gate Ave
Box 36046, Room 10-0101
San Francisco, CA 94102
Director of Criminal Enforcement
United States Department of Justice
| _______________/s/Michael Wong for_
Kevin V. Ryan
United States Attorney
Northern District of California