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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
______________________________

UNITED STATES OF AMERICA,
                                Plaintiff
                    v.

BERNARD MITCHELL SNEAD,
                                Defendant
______________________________
       
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Filed: September 29, 1999

Criminal No. 7:99CR00090

Violation:Title 15 U.S.C. 1

INFORMATION

The United States of America, acting through its attorneys, charges:

I.
DESCRIPTION OF THE OFFENSE

1. Bernard Mitchell Snead is made a defendant on the charge stated below.

2. Beginning at least as early as April 1996, and continuing thereafter at least through November 1997, the exact dates being unknown to the United States, the defendant and others engaged in a combination and conspiracy in unreasonable restraint of interstate trade and commerce in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1.

3. The charged combination and conspiracy consisted of a continuing agreement, understanding and concert of action among the defendant and co-conspirators, the substantial term of which was to suppress competition by refraining from full competitive bidding for certain commercial plate glass installation contracts in southwestern Virginia.

4. For the purpose of forming and carrying out the charged combination and conspiracy, the defendant and co-conspirators did the following things, among others:

  1. discussed the submission of prospective bids on certain commercial plate glass installation contracts;

  2. participated in discussions to determine which co-conspirator would be the low bidder on certain commercial plate glass installation contracts; and

  3. made, accepted or collected payments for facilitating the submission of collusive, noncompetitive and rigged bids on certain commercial plate glass installation contracts.

II.
DEFENDANT AND CO-CONSPIRATORS

5. The defendant, during all or part of the period covered by this Information, owned and operated The Snead Company, Inc., and served as its President. The Snead Company earns commissions as a manufacturer's representative of a large supplier of commercial aluminum curtain wall, storefront and glass products.

6. Various firms and individuals, not made defendants in this Information, participated as co-conspirators in the offense charged and performed acts and made statements in furtherance of it.

III.
TRADE AND COMMERCE

7. The business activities of the defendant and co-conspirators that are the subject of this Information were within the flow of, and substantially affected, interstate trade and commerce.

IV.
JURISDICTION AND VENUE

8. The charged combination and conspiracy was formed and carried out, in part, within the Western District of Virginia, within the five years preceding the filing of this Information.


_________/s/__________
Joel I. Klein
Assistant Attorney General                           


_________/s/__________
Gary R. Spratling
Deputy Assistant Attorney General


_________/s/__________
James M. Griffin
Director of Criminal Enforcement

U.S. Department of Justice
Antitrust Division


_________/s/__________
Robert P. Crouch, Jr.
United States Attorney
Western District of Virginia
_________/s/__________
Anthony V. Nanni
Chief, Litigation I


_________/s/__________
Lisa M. Phelan



_________/s/__________
John Schmoll


Attorneys
U.S. Department of Justice
Antitrust Division, Litigation I Section
1401 H Street, N.W., Suite 3700
Washington, D.C. 20530
(202) 307-1166/5780