UNITED STATES OF AMERICA,                                               v. IL YOUNG CHO,                   Defendant.

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CRIMINAL CASE NO. CR-01-00008 INDICTMENT CONSPIRACY TO RESTRAIN TRADE      [15 U.S.C. § 3]

THE GRAND JURY CHARGES:

1. IL YOUNG CHO is hereby indicted and made a defendant herein.

2. Beginning as early as December 17, 1997 and continuing at least until May 26, 1998, the exact dates being unknown to the Grand Jury, the defendant and co-conspirators entered into and engaged in a combination and conspiracy to suppress and restrain competition for a Government of Guam Department of Parks and Recreation ("DPR") project to repair structures at Wettengel Football Field damaged by Typhoon Paka ("the Wettengel Football Field Project"), in unreasonable restraint of territorial trade and commerce in violation of the Sherman Act, Title 15, United States Code, Section 3.

DEFENDANT AND CO-CONSPIRATORS

3. During the period covered by this Indictment, IL YOUNG CHO was a citizen of the Republic of Korea, a resident of the Territory of Guam, and in control of Cho Iron Works, a construction business located in Agaña, Guam.

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

THE CONSPIRACY

5. The charged combination and conspiracy consisted of an agreement, understanding, and concert of action among the conspirators, the substantial term of which was to rig price quotations to be offered for the Wettengel Football Field Project.

6. For the common purpose of forming and carrying out the charged combination and conspiracy, the defendant and co-conspirators performed the following acts, among others:

1. discussed allocating the Wettengel Football Field Project to the Defendant;

2. discussed price quotations on the upcoming Wettengel Football Field Project;

3. agreed on the price quotations they would submit for the Wettengel Football Field Project;

4. provided blank copies of corporate stationery to a co-conspirator with the understanding that the co-conspirator would use that stationery for the purpose of preparing collusive, non-competitive price quotations for the Wettengel Football Field Project and allocating the Wettengel Football Field Project to the Defendant;

5. prepared, signed, and subsequently submitted to the DPR collusive, non-competitive price quotations for the project; and

6. performed work on the Wettengel Football Field Project at collusive, non-competitive prices, and receive compensation therefor.

COMMERCE

7. During the period covered by this Indictment, the activity that was the object of the conspiracy involved substantial commerce in the Territory of Guam. The Wettengel Football Field Project was quoted, performed, invoiced, and paid in the Territory of Guam.

JURISDICTION AND VENUE

8. The combination and conspiracy charged in this Indictment was formed and carried out, in part, within the District of Guam, within five years preceding the return of this Indictment.

ALL IN VIOLATION OF TITLE 15, UNITED STATES CODE, SECTION 3.

_____________"/s/"____________ John M. Nannes Acting Assistant Attorney General _____________"/s/"____________ James M. Griffin Deputy Assistant Attorney General _____________"/s/"____________ Scott D. Hammond Director of Criminal Enforcement Antitrust Division United States Department of Justice _____________"/s/"____________ Frederick A. Black United States Attorney - District of Guam

A TRUE BILL _____________"/s/"____________ FOREPERSON _____________"/s/"____________ Christopher S Crook Chief, San Francisco Field Office _____________"/s/"____________ Richard B. Cohen Trial Attorney _____________"/s/"____________ Matthew D. Segal Trial Attorney Antitrust Division United States Department of Justice 450 Golden Gate Avenue Box 36046, Room 10-0101 San Francisco, California 94102 (415)436-6660