This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. For an official signed copy, please contact the Antitrust Documents Group.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION



UNITED STATES OF AMERICA,    

                  v.

ROBERT G. MOORE,

                  Defendant.


|
|
|
|
|
|
|
|
|
|         
Criminal No. 09-CR-527

Violation: 18 U.S.C. § 371
18 U.S.C. § 201



     

JUDGE DOW

MAGISTRATE JUDGE ASHMAN

FILED

JUN 18 2009 TC
JUN 18 2009
MICHAEL W. DOBBINS
CLERK, U.S. DISTRICT COURT

CRIMINAL INFORMATION

ROBERT G. MOORE is made a defendant on the charges herein.

THE UNITED STATES CHARGES THAT:

COUNT ONE
Conspiracy
18 U.S.C. § 371

At all times relevant to this Information:

1. For purposes of this Criminal Information, the "relevant period" is that period from about January 2004 until about March 2005. During the relevant period, Defendant ROBERT MOORE was employed by the Department of Defense as a First Lieutenant in the United States Army attached to the 33rd Area Support Group, Chicago, Illinois. In or about March 2004, Defendant ROBERT MOORE was deployed with his unit to Bagram Air Field ("BAF") in Afghanistan as part of Operation "Enduring Freedom." At BAF, Defendant ROBERT MOORE was assigned duties in support of Task Force ("TF") Eagle as the Assistant S-4. As Assistant S-4, Defendant ROBERT MOORE was a public official, within the meaning of 18 U.S.C. 210(a)(1), responsible for, among other things, inspecting and documenting deliveries of various goods and services, including bunkers and barriers, from government contractors to BAF, and generating official paperwork through which such contractors were paid.

2. Prior to his deployment to Bagram, Afghanistan, Defendant ROBERT MOORE's last known address was in the Northern District of Illinois.

3. "Co-conspirator Contractors" own and operate various companies doing business with the United States at BAF and elsewhere in Afghanistan.

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.

THE CONSPIRACY AND ITS OBJECTS

6. Beginning in or about January 2004 and continuing until in or about March 2005, in Bagram, Afghanistan and elsewhere, Defendant ROBERT MOORE, a public official, and others, known and unknown, did knowingly, willfully, and unlawfully combine, conspire, confederate, and agree with conspirators to commit offenses against the United States, namely to:

  1. directly and indirectly, corruptly demand, seek, receive, accept and agree to receive and accept something of value, that is money, in return for being influenced in the performance of official acts, that is arranging for contracts, including contracts for laying asphalt and providing bunkers and barriers to be awarded to particular Co-conspirator Contractors in violation of 18 U.S.C. § 201;
  2. directly and indirectly, corruptly demand, seek, receive, accept and agree to receive and accept something of value, that is money, in return for being influenced to commit and aid in committing and to collude in, and allow and to make opportunity for the commission of a fraud on the United States, that is fraudulently over-reporting the number of bunkers and barriers received by the United States from Co-conspirator Contractors at BAF, thereby allowing Co-conspirator Contractors to claim and collect unearned and undue monetary payments from the United States in violation of 18 U.S.C. § 201;
  3. directly and indirectly, corruptly demand, seek, receive, accept and agree to receive and accept something of value, that is money, in return for being influenced to commit and aid in committing and to collude in, and allow and to make opportunity for the commission of a fraud on the United States, that is fraudulently over-reporting the amount of damage incurred by vehicles leased by the United States from Co-conspirator Contractors, thereby allowing Co-conspirator Contractors to claim and collect unearned and undue monetary payments from the United States in violation of 18 U.S.C. § 201.

7. The charged conspiracy consisted of a continuing agreement, understanding, and concert of action among the Defendant ROBERT MOORE and his co-conspirators, the substantial terms of which were to obtain money falsely and fraudulently from the United States.

MANNER AND MEANS OF THE CONSPIRACY

8. For the purpose of forming and carrying out the charged conspiracy, the Defendant ROBERT MOORE and co-conspirators did those things that they combined and conspired to do, including, among other things:

9. In return for monetary payments from various Co-conspirator Contractors, Defendant ROBERT MOORE and his co-conspirators would and did use their official positions to violate Department of Defense contracting rules by arranging for various Department of Defense contracts to be awarded to particular Co-conspirator Contractors.

10. Defendant ROBERT MOORE and his co-conspirators would and did knowingly generate false official paperwork reflecting delivery of bunkers and barriers never received by the United States, and using this false official paperwork generated by Defendant ROBERT MOORE and his co-conspirators, Co-conspirator Contractors claimed and collected unearned and undue monetary payments from the United States, in return for which Co-conspirator Contractors gave to Defendant ROBERT MOORE and his co-conspirators money and other things of value.

11. Defendant ROBERT MOORE and his co-conspirators would and did knowingly generate false official paperwork reporting damage to vehicles leased by the United States, which in fact, was never incurred, and using this false official paperwork generated by Defendant ROBERT MOORE and his co-conspirators, Co-conspirator Contractors claimed and collected unearned and undue monetary payments from the United States, in return for which Co-conspirator Contractors gave to Defendant ROBERT MOORE and his co-conspirators money and other things of value.

12. Defendant ROBERT MOORE would and did solicit, receive and accept at least $70,000 in bribes from various Co-conspirator Contractors.

OVERT ACTS

13. In furtherance of the conspiracy and to effect its illegal objects, on or about the dates listed below, in Bagram, Afghanistan, the Northen District of Illinois, and elsewhere, Defendant ROBERT MOORE and his co-conspirators committed and caused to be committed the following overt acts, among others:

  1. On or about September 21, 2004, Defendant ROBERT MOORE and his co-conspirators arranged for Department of Defense contract # W913TY-04-C-0210 to lay asphalt at BAF to be awarded to a certain Co-conspirator Contractor;
  2. On or about October 21, 2004, Defendant ROBERT MOORE and his co-conspirators arranged for Department of Defense contract # W913TY-05-R-0003 to provide bunkers and barriers at BAF to be awarded to a certain Co-conspirator Contractor;
  3. On or about October 21, 2004, a co-conspirator of Defendant ROBERT MOORE approved an invoice in the amount of $337,075.00 on Department of Defense contract # W913TY-05-R-0003 to provide bunkers and barriers at BAF.
  4. From in or about June 2004 to in or about August 2004, Defendant ROBERT MOORE and his co-conspirators knowingly generated false official paperwork fraudulently reporting damage to vehicles leased by the United States, and using this false official paperwork generated by Defendant ROBERT MOORE and his co-conspirators, Conspirator Co-contractors claimed and collected unearned and undue monetary payments from the United States;
  5. On or about November 16, 2004, Defendant ROBERT MOORE shipped from BAF to an address in the Northern District of Illinois, via DHL, a parcel containing United States currency, which was money received as bribes from Co-conspirator Contractors, and such package was subsequently received by the addressee in the Northern District of Illinois;
  6. On or about January 11, 2005, Defendant ROBERT MOORE shipped from BAF to an address in the Northern District of Illinois, via DHL, a parcel containing $13,500 in U.S. currency, which was money received as bribes from Co-conspirator Contractors;
  7. On or about January 30, 2005, Defendant ROBERT MOORE shipped from BAF to an address in the Northern District of Illinois, via U.S. mail, another parcel containing at least $500 in tangible proceeds from bribes received from Co-conspirator Contractors; and such package was subsequently received by the addressee in the Northern District of Illinois.

All in violation of Title 18, United States Code, Section 371, and pursuant to the extraterritorial venue provision Title 18 United States Code, Section 3238.

COUNT TWO
Bribery
18 U.S.C. 201

14. Paragraphs 1-5 and 8-13 of Count One are hereby re-alleged and incorporated by reference as though set forth in full in Count Two.

15. Throughout the relevant period, in Bagram, Afghanistan and elsewhere, Defendant ROBERT MOORE, a public official, directly and indirectly, did corruptly demand, seek, receive, accept and agree to receive and accept something of value, that is money, in return for being influenced in the performance of official acts, that is arranging for contracts, including Department of Defense contracts for laying asphalt and providing bunkers and barriers, to be awarded to particular Co-conspirator Contractors.

16. Throughout the relevant period, in Bagram, Afghanistan and elsewhere, Defendant ROBERT MOORE, a public official, directly and indirectly, did corruptly demand, seek, receive, accept and agree to receive and accept something of value, that is money, in return for being influenced to commit and aid in committing and to collude in, and allow and to make opportunity for the commission of a fraud on the United States, that is fraudulently over-reporting the number of bunkers and barriers, received by the United States from Co-conspirator Contractors at BAF, thereby allowing Co-conspirator Contractors to claim and collect unearned and undue monetary payments from the United States.

17. Throughout the relevant period, in Bagram, Afghanistan and elsewhere, Defendant ROBERT MOORE, a public official, directly, and indirectly did corruptly demand, seek, receive, accept and agree to receive and accept something of value, that is money in return for being influenced to commit and aid in committing and to collude in, and allow and to make opportunity for the commission of a fraud on the United States, that is fraudulently over-reporting the amount of damage incurred by vehicles leased by the United States from Co-conspirator Contractors at BAF, thereby allowing Co-conspirator Contractors to claim and collect unearned and undue monetary payments from the United States.

All in violation of Title 18, United States Code, Section 201, and pursuant to the extraterritorial venue provision Title 18 United States Code, Section 3238.

_______________/s/________________
CHRISTINE A. VARNEY
Assistant Attorney General



_______________/s/________________
SCOTT D. HAMMOND
Deputy Assistant Attorney General

_______________/s/________________
MARC SIEGEL
Director of Criminal Enforcement

Antitrust Division
U.S. Department of Justice

_______________/s/________________
LISA M. PHELAN
Chief, National Criminal Enforcement



_______________/s/________________
MARK W. PLETCHER
MARK C. GRUNDVIG
EMILY W. ALLEN
Attorneys
U.S. Department of Justice
Antitrust Division
450 5th Street, N.W., Suite 11300
Washington, D.C. 20530
(202) 307-6186