UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
THE UNITED STATES OF AMERICA, THROUGH ITS ATTORNEYS, CHARGES THAT:
At all times relevant to this Information:
1. The defendant Certified Slings, Inc. ("CSI") was an entity organized and existing under the laws of Florida with its principal place of business in Casselberry, Florida.
2. CSI was a manufacturer and seller of metal sling hoist assemblies to the United States Navy.
3. A metal sling hoist assembly is a wire rope basket-type sling consisting of swaged legs on both free ends and two tensioning latches, which is used to hold items to be transported, such as bombs and other munitions. Metal sling hoist assemblies are used in some form by all branches of the military and, in particular, they are frequently used by the Navy on board aircraft carriers to transport missiles or bombs from where those weapons are stored to the planes or helicopters that will carry them. CSI and its co-conspirators were engaged in manufacturing and selling metal sling hoist assemblies to the U.S. Navy.
4. Various corporations and individuals, not made defendants in this Information, participated as co-conspirators in the offense charged herein and performed acts and made statements in furtherance thereof.
5. 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, agents, employees, or other representatives while they were actively engaged in the management, direction, control or transaction of its business or affairs.
SHERMAN ACT CONSPIRACY
6. Beginning in December of 2002 and continuing until October of 2003, the exact dates being unknown to the United States, the defendant and co-conspirators entered into and engaged in a combination and conspiracy to suppress and eliminate competition by agreeing to submit non-competitive bids to the United States Navy on contracts for metal sling hoist assemblies. The combination and conspiracy engaged in by the defendant and co-conspirators was in unreasonable restraint of interstate trade and commerce in violation of Section 1 of the Sherman Act (Title 15, U.S.C., § 1).
7. The charged combination and conspiracy consisted of an agreement, understanding and concert of action among the defendant and co-conspirators, the substantial terms of which were to rig bids on contracts for metal sling hoist assemblies sold to the United States Navy for the purpose of raising the price paid by the Department of Defense for the metal sling hoist assemblies. The combination and conspiracy was carried out, in part, within the Eastern District of New York within the five years preceding the filing of this Information.
8. For the purpose of forming and carrying out the charged combination and conspiracy, CSI and its co-conspirators did those things that they combined and conspired to do, including, among other things:
TRADE AND COMMERCE
9. During the period covered by this Information, metal hoist sling assemblies sold by one or more of the co-conspirator firms, and equipment and supplies necessary to the production and distribution of metal sling hoist assemblies, as well as payments for metal sling hoist assemblies and necessary supplies, traveled in interstate commerce.
10. During the period covered by this Information, the business activities of CSI and its co-conspirators in connection with the production and sale of metal sling hoist assemblies that are the subject of this Information were within the flow of, and substantially affected, interstate trade and commerce.
(Title 15, United States Code, Section 1)