EASTERN DISTRICT OF VIRGINIA
The United States of America and defendant Lift Forwarders, Inc.,
a corporation organized and existing under the laws of the State of
Oregon and defendant's counsel, hereby enter into the following plea
agreement pursuant to Fed. R. Crim. P. 11(a)(1) and 11(c)(1)(B).
The defendant agrees to waive indictment and plead guilty to a criminal information charging the defendant with one count of conspiracy to restrain trade, in violation of the Sherman Antitrust Act, 15 U.S.C. § 1. The defendant understands that the statutory maximum penalty which may be imposed upon conviction for a violation of 15 U.S.C. § 1 is a fine equal to the greatest of:
In addition, the defendant understands that:
The defendant will plead guilty because the defendant is in fact guilty
of the charged offense. The defendant admits the facts set forth in
the statement of facts filed with this plea agreement and agrees that
those facts establish its guilt of the offense charged beyond a reasonable
doubt. In addition, this plea agreement and statement of facts, incorporated
herein, together with the record that will be created by the United
States and the defendant at the plea and sentencing hearings will provide
sufficient information concerning the defendant, the crime charged in
this case, and the defendant's role in the crime to enable the meaningful
exercise of sentencing authority by the Court, as required under 18
U.S.C. § 3553.
The defendant understands its rights:
The defendant is satisfied that its attorney has rendered effective
assistance. The defendant understands that by entering into this agreement,
it surrenders certain rights as provided in this agreement.
The defendant understands that the Court has jurisdiction and authority
to impose any sentence within the statutory maximum described in Paragraph
1, and that the Court will determine the defendant's actual sentence
in accordance with 18 U.S.C. § 3553(a). The defendant understands
that the Court has not yet determined a sentence and that any estimate
of the advisory sentencing range under the Sentencing Guidelines the
defendant may have received from the defendant's counsel, the United
States, or the Probation Office, is a prediction, not a promise, and
is not binding on the United States, the Probation Office, or the Court.
Additionally, pursuant to the Supreme Court's decision in United
States v. Booker, 343 U.S. 220 (2005), the Court, after considering
the factors set forth in 18 U.S.C. § 3553(a), may impose a
sentence above or below the advisory sentencing range, subject only
to review by higher courts for reasonableness. The United States makes
no promise or representation concerning what sentence the defendant
will receive, and the defendant cannot withdraw its guilty plea based
upon the actual sentence. Notwithstanding the foregoing, the parties
agree that there exists no aggravating or mitigating circumstance of
a kind, or to a degree, not adequately taken into consideration by the
Sentencing Commission in formulating the Guidelines that should result
in a sentence outside of the advisory Guidelines range. The parties
agree not to seek or support any sentence outside of the advisory guideline
range. The parties further agree that the recommended sentence is reasonable.
The defendant also understands that 18 U.S.C. § 3742 affords
a defendant the right to appeal the sentence imposed. Nonetheless, the
defendant knowingly waives the right to appeal the conviction and any
sentence within the statutory maximum described above (or the manner
in which that sentence was determined) on the grounds set forth in 18
U.S.C. § 3742 or on any ground whatsoever, in exchange for
the concessions made by the United States in this plea agreement. This
agreement does not affect the rights or obligations of the United States
as set forth in 18 U.S.C. § 3742(b). The defendant further
waives its right to collaterally attack its guilty plea or the sentence
imposed by any means, on any ground. The defendant waives its right
to assert the statute of limitations, 18 U.S.C. § 3282, as a defense
to the charged offense. The defendant also waives all rights, whether
asserted directly or by a representative, to request or receive from
any department or agency of the United States any records pertaining
to the investigation or prosecution of this case, including without
limitation any records that may be sought under the Freedom of Information
Act, 5 U.S.C. § 552, or the Privacy Act, 5 U.S.C. § 552a.
Pursuant to Fed. R. Crim. P. 11(c)(1)(B), the United States and the defendant agree that the appropriate disposition of the charged offense is, and agree jointly to recommend, that the Court impose a sentence requiring the defendant to pay to the United States a criminal fine of $140,000 for the charged conduct relating to the transportation of household goods owned by U.S. military and civilian Department of Defense personnel ("military household goods"). The parties recommend a total criminal fine of $140,000 derived from:
The United States and the defendant understand that the Court retains
complete discretion to accept or reject the recommended sentence. The
defendant understands that, as provided in Fed. R. Crim. P. 11(c)(3)(B),
if the Court does not impose a sentence consistent with the recommendation
contained in this plea agreement, it nevertheless has no right to withdraw
its guilty plea. The United States and the defendant agree to request
jointly that the Court accept the defendant's guilty plea and impose
sentence on an expedited schedule, as early as the date of arraignment,
based upon the record provided by the defendant and the United States
pursuant to Fed. R. Crim. P. 32(c)(1)(A)(ii) and U.S.S.G. § 6A1.1.
The Court's denial of the request to impose sentence on an expedited
schedule will not void this plea agreement.
The defendant understands that it may be subject to administrative
action by federal or state agencies other than the United States Department
of Justice, Antitrust Division, based upon the conviction resulting
from this plea agreement, and that this plea agreement in no way controls
whatever action, if any, other agencies may take. The United States
agrees, however, that, if requested, it will advise the appropriate
officials of any governmental agency considering such administrative
action of the fact, manner, and extent of the cooperation of the defendant
as a matter for that agency to consider before determining what administrative
action, if any, to take.
Before sentencing in this case, the defendant agrees to pay a mandatory
special assessment of four hundred dollars ($400.00) pursuant to 18
U.S.C. § 3013(a)(2)(B), in addition to any fine imposed.
The defendant understands and agrees that, pursuant to Title 18, United
States Code, Sections 3612(f), whatever monetary penalties are imposed
by the Court will be due and payable within fifteen (15) days after
the imposition of sentence and subject thereafter to immediate enforcement
by the United States as provided in 18 U.S.C. §§ 3612-13.
Furthermore, the defendant agrees to provide all of its financial information
to the United States and the Probation Office and, if requested, to
participate in a pre-sentencing debtor's examination. If the Court imposes
a schedule of payments, the defendant understands that the schedule
of payments is merely a minimum schedule of payments and not the only
method, nor a limitation on the methods, available to the United States
to enforce the judgment.
Upon acceptance of the guilty plea called for by this plea agreement
and the imposition of sentence, and subject to the cooperation requirements
of Paragraph 11, the United States agrees that it will not bring further
criminal charges against the defendant or against its ultimate
parent, Lile International Companies, Inc. or against the defendant's
current or former officers, directors, and employees for any act or
offense committed before the date of this plea agreement that was undertaken
either in furtherance of any antitrust conspiracy or any conspiracy
to defraud the United States aimed at fixing, designating, or establishing
the rates bid for the transportation of military household goods. With
respect to current or former officers, directors, and employees, this
nonprosecution agreement applies to them only for acts committed while
acting as an officer, director, or employee of the defendant. The nonprosecution
terms of this paragraph do not apply to civil matters of any kind, to
any violation of the federal tax or securities laws, or to any crime
The defendant agrees to cooperate fully and truthfully with the United States in the prosecution of this case, the current federal investigation of violations of federal antitrust and related criminal laws involving the transportation of military household goods, any other federal investigation resulting therefrom, and any litigation or other proceedings arising or resulting from any such investigation to which the United States is a party ("Federal Proceedings"). The ongoing, full, and truthful cooperation of the defendant shall include, but not be limited to:
Defendant is further hereby on notice that the defendant may not violate
any federal, state, or local criminal law while cooperating with the
United States. Nothing in this agreement places any obligation on the
government to seek the defendant's cooperation or assistance.
Pursuant to Section 1B1.8 of the Sentencing Guidelines, no truthful
information that the defendant provides pursuant to this agreement will
be used to enhance the defendant's Guidelines range. The United States
will bring this plea agreement and the full extent of the defendant's
cooperation to the attention of other prosecuting offices if requested.
Nothing in this plea agreement, however, restricts the Court's or Probation
Office's access to information and records in the possession of the
United States. Furthermore, nothing in this agreement prevents the government
in any way from prosecuting the defendant should the defendant provide
false, untruthful, or perjurious information or testimony.
This plea agreement is not conditioned upon charges being brought
against any other entity or the result of any other proceeding against
any other entity. This plea agreement is not conditioned upon any outcome
in any pending investigation. This plea agreement is not conditioned
upon any result in any future prosecution which may occur because of
the defendant's cooperation. This plea agreement is not conditioned
upon any result in any future grand jury presentation or trial involving
charges resulting from this investigation. This plea agreement is, however,
conditioned upon the defendant providing full, complete and truthful
The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant has failed to provide full and truthful cooperation, as described in Paragraphs 11 and 13 of this plea agreement, or has otherwise violated any provision of this plea agreement, the United States will notify counsel for the defendant in writing by personal or overnight delivery or facsimile transmission and may also notify counsel by telephone of its intention to void any of its obligations under this plea agreement (except its obligations under this paragraph), and the defendant shall be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this plea agreement. The defendant agrees that, in the event that the United States is released from its obligations under this plea agreement and brings criminal charges against the defendant for any offense referred to in Paragraph 10 of this plea agreement, the statute of limitations period for such offense will be tolled for the period between the date of the signing of this plea agreement and six (6) months after the date the United States gave notice of its intent to void its obligations under this plea agreement.
The defendant understands and agrees that in any further prosecution
of it resulting from the release of the United States from its obligations
under this plea agreement, because of the defendant's violation of the
plea agreement, any documents, statements, information, testimony, or
evidence provided by the defendant, or by any current or former directors,
officers, or employees of the defendant, to attorneys or agents of the
United States, federal grand juries, or courts, and any leads derived
therefrom, may be used against the defendant in any such further prosecution.
The defendant unconditionally waives its right to challenge the use
of such evidence in any such further prosecution, notwithstanding the
protections of Fed. R. Evid. 410.
This written agreement constitutes the complete plea agreement between
the United States, the defendant, and the defendant's counsel. The defendant
and its counsel acknowledge that no threats, promises, or representations
have been made, nor agreements reached, other than those set forth in
writing in this plea agreement, to cause the defendant to plead guilty.
Any modification of this plea agreement shall be valid only as set forth
in writing in a supplemental or revised plea agreement signed by all
parties. The undersigned corporate representative is authorized to enter
this plea agreement on behalf of the defendant as evidenced by the Resolution
of the Board of Directors of the defendant attached to, and incorporated
by reference in, this plea agreement. The undersigned attorneys for
the United States have been authorized by the Attorney General of the
United States to enter this plea agreement on behalf of the United States.
A facsimile signature shall be deemed an original signature for the
purpose of executing this plea agreement. Multiple signature pages are
authorized for the purpose of executing this plea agreement.
Defendant's Representative's Signature: As corporate representative
for defendant Lift Forwarders, Inc., I have consulted with counsel for
the corporation and fully understand all rights of the defendant with
respect to the pending Criminal Information. Further, I fully understand
all rights with respect to 18 U.S.C. § 3553 and the provisions
of the Sentencing Guidelines Manual that may apply in this case. I have
read this plea agreement and carefully reviewed every part of it with
counsel for the defendant. I understand this agreement and voluntarily
accept it on behalf of the defendant.
Defense Counsel's Signature: I am counsel for defendant Lift
Forwarders, Inc. in this case. I have fully explained to the defendant
its rights with respect to the pending Criminal Information. I have
reviewed 18 U.S.C. § 3553 and the Sentencing Guidelines Manual,
and have fully explained to the defendant the provisions that may apply
in this case. I have carefully reviewed every part of this plea agreement
with the defendant's Board of Directors and with the corporate representative
of the defendant, Diane DeAutremont. To my knowledge, the defendant's
decision to enter into this agreement, to accept benefits under the
agreement, and to be bound by certain obligations under the agreement
are informed and voluntary decisions.