IN THE UNITED STATES DISTRICT COURT
1. During the period covered by this Information, Franciscus Johannes "Frank" de Jong ("Defendant") was employed by Martinair Holland N.V. ("Martinair"), a company organized and existing under the laws of The Netherlands, with its principal place of business in Amsterdam, Holland. During the period November 2001 through February 2006, Defendant was Vice President of Cargo Sales in Europe for Martinair. During the period covered by this Information, Defendant, on behalf of Martinair, was engaged in the business of providing air transportation services for cargo in the United States and elsewhere.
2. Various corporations and individuals, not made defendants in this Information, participated as co-conspirators in the offense charged in this Information and performed acts and made statements in furtherance of it.
3. 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.
During the period covered by this Information:
4. Defendant and his co-conspirators provided international air transportation services for cargo ("air cargo services"). Defendant and his co-conspirators provided air cargo services to and from the United States.
5. Defendants' air cargo services transported a variety of cargo shipments, such as heavy equipment, perishable commodities, and consumer goods, on scheduled flights within Europe and internationally, including to and from the United States. For air cargo services, Defendant, on behalf of Martinair, charged its customers a rate that consisted of both a base rate and various fees and surcharges, such as fuel and post-September 11 security surcharges. The rates charged by Defendant's co-conspirators for air cargo services also included both a base rate and various fees and surcharges. The amount of the base rate charged by Defendant and his co-conspirators could vary based on the type and weight of the shipment, the origin and/or destination of the shipment, and the nature of the goods or products being shipped. Similarly, the amount of certain surcharges levied by Defendant and his co-conspirators could vary based on the origin and/or destination of the shipment. The base rate, fees, and surcharges charged to customers by Defendant and his co-conspirators for air cargo services are collectively referred to herein as "cargo rates."
6. From at least as early as January 1, 2000 and continuing until at least February 14, 2006, the exact dates being unknown to the United States, Defendant's co-conspirators entered into and engaged in a combination and conspiracy to suppress and eliminate competition by fixing the cargo rates charged to customers for international air shipments, including to and from the United States. Defendant joined and participated in the charged conspiracy from at least as early as April 2002 until at least February 14, 2006. The combination and conspiracy engaged in by Defendant and his co-conspirators 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).
7. The charged combination and conspiracy consisted of a continuing agreement, understanding, and concert of action among Defendant and his co-conspirators, the substantial terms of which were to suppress and eliminate competition by fixing cargo rates to and from the United States and elsewhere.
8. For purposes of forming and carrying out the charged combination and conspiracy, Defendant and his co-conspirators did those things that they combined and conspired to do, including, among other things:
9. During the period covered by this Information, proposals, contracts, invoices for payments, and other documents essential to the provision of air cargo services were transmitted in interstate and foreign trade and commerce between and among offices of Defendant and his customers located in various States and foreign countries.
10. During the period covered by this Information, Defendant and his co-conspirators transported substantial quantities of cargo, in a continuous and uninterrupted flow of interstate and foreign commerce, between various foreign countries and the United States, including through various U.S. airports to final destinations in various states.
11. During the period covered by this Information, certain of the business activities of Defendant and his co-conspirators in connection with the air cargo services that are the subject of this Information were within the flow of, and substantially affected, interstate and foreign trade and commerce.
Jurisdiction and Venue
12. The combination and conspiracy charged in this Count was carried out, in part, in the District of Columbia within the five years preceding the filing of this Information.
ALL IN VIOLATION OF TITLE 15, UNITED STATES CODE, SECTION 1.