NORTHERN DISTRICT OF GEORGIA
The United States of America, acting through its attorneys, charges:
DESCRIPTION OF THE OFFENSE
1. THE WICKLIFFE SERVICES COMPANY, INC. ("WICKLIFFE SERVICES") and JERRY R. WICKLIFFE are made defendants on the charge stated below.
2. Beginning in or about January 1994 and continuing thereafter at least through April 24, 1998, the exact dates being unknown to the United States, in the Northern District of Georgia and elsewhere, the defendants and others entered into and engaged in a combination and conspiracy in unreasonable restraint of interstate trade and commerce, in violation 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 defendants, WICKLIFFE SERVICES and JERRY R. WICKLIFFE, and their co-conspirators to rig bids for the sale of valves (including various types of butterfly valves), venturi flow tubes, aeration equipment, grit removal equipment, and other materials and related services (hereinafter collectively referred to as "water and wastewater treatment materials") used in the construction and maintenance of water and wastewater treatment plants in the States of Alabama and Georgia.
4. For the purpose of forming and carrying out the charged combination and conspiracy, the defendants and their co-conspirators did those things that they combined and conspired to do, including:
5. WICKLIFFE SERVICES is a corporation organized and existing under the laws of the State of Georgia with its principal place of business in Alpharetta, Georgia. During the period covered by this Information, WICKLIFFE SERVICES was engaged in the business of arranging for the sale of water and wastewater treatment materials. During the period covered by this Information, JERRY R. WICKLIFFE was engaged in the business of arranging for the sale of water and wastewater treatment materials in his capacity as an owner and officer of WICKLIFFE SERVICES and as an owner and officer of another co-conspirator.
6. 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.
7. Whenever this Information refers 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.
8. During the period covered by this Information, the defendants and their co-conspirators purchased equipment, or arranged for the purchase of equipment, from manufacturers and suppliers located outside the States of Alabama and Georgia and caused that equipment to be shipped across state lines for use in the above projects to fulfill the contracts awarded as a result of the offense charged herein.
9. The business activities of the defendants and their co-conspirators that are the subject of this Information were within the flow of, and substantially affected, interstate trade and commerce.
10. The conspiracy charged in this Information was carried out, in part, within the Northern District of Georgia, Atlanta Division, within the five years preceding the filing of this Information.
ALL IN VIOLATION OF TITLE 15, UNITED STATES CODE, SECTION 1.