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FILED

2008 OCT-1 PM12:22

MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE, FLORIDA

 

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION


UNITED STATES OF AMERICA    

                  v.

ALEXANDER G. CHISHOLM

                 


         
Filed: October 1, 2008
Case No.: 3:08-cr-353-J-25MCR
Ct. 1: 18 U.S.C. § 1512(c)(1)


INFORMATION

The United States, through its attorneys, charges:

A. Description of the Offense

1. During the period in or about April 2008, defendant ALEXANDER G. CHISHOLM was the Assistant Vice President of Yield Management ("AVP") of Corporation A, a company located and headquartered in Jacksonville, Florida. During the period that the defendant was an AVP for Corporation A, Corporation A was engaged in the business of shipping freight by water between the United States and Puerto Rico, and the defendant assisted in setting the prices that Corporation A would charge to customers for such shipments.

2. From in or about February 2008 to the present, a federal grand jury sitting in the Middle District of Florida, with the assistance of the United States Department of Justice, Antitrust Division and the Federal Bureau of Investigation, has been investigating, among other things, possible federal antitrust offenses in the coastal freight industry, which provides water freight shipments between the United States and its non-contiguous states and territories, including Puerto Rico.

3. On or about April 17, 2008, the Federal Bureau of Investigation executed search warrants on Corporation A in Jacksonville, Florida and San Juan, Puerto Rico in connection with the grand jury investigation of the coastal freight industry and also served Corporation A with a subpoena duces tecum issued by the grand jury in Jacksonville, Florida.

4. On or about April 17, 2008, defendant ALEXANDER G. CHISHOLM became aware of the coastal freight grand jury investigation. Thereafter, on or about April 17,2008, defendant ALEXANDER G. CHISHOLM corruptly altered, destroyed, and concealed records and documents and attempted to do so with the intent to impair the availability of the records and documents for use in that investigation by using a computer located in his home to access a remote computer server and alter, delete, and conceal documents relevant and material to the grand jury's investigation and responsive to the grand jury's subpoena.

B. Jurisdiction and Venue

5. The conduct charged in this Information was carried out within the Middle District of Florida, within the five years preceding the filing of this Information.

All in violation of Title 18, United States Code, Section 1512(c)(1).

Dated: September 29, 2008

_______________/s/________________
THOMAS O. BARNETT
Assistant Attorney General
Antitrust Division
U.S. Department of Justice

_______________/s/________________
SCOTT D. HAMMOND
Deputy Assistant Attorney General
Antitrust Division
U.S. Department of Justice

_______________/s/________________
MARC SIEGEL
Director of Criminal Enforcement
Antitrust Division
U.S. Department of Justice

_______________/s/________________
LISA M. PHELAN
Chief, National Criminal Enforcement Section
Antitrust Division
U.S. Department of Justice
_______________/s/________________
JOHN F. TERZAKEN
BRENT M. SNYDER
FINNUALA M. KELLEHER
MICHAEL L. WHITLOCK
Trial Attorneys, Antitrust Division
U.S. Department of Justice
450 5th Street, NW, Suite 11300
Washington, DC 20530