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FREDERICK A. BLACK
United States Attorney
JOSEPH F. WILSON
Assistant U.S. Attorney
RICHARD B. COHEN
MATTHEW D. SEGAL
Trial Attorneys
Suite 500, Sirena Plaza
108 Hernan Cortez Ave.
Hagta, Guam 96910
TEL: (671) 472-7332
FAX: (671) 472-7334

Attorneys for the United States



Filed January 31, 2001

IN THE UNITED STATES DISTRICT COURT

FOR THE TERRITORY OF GUAM



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:

DESCRIPTION OF THE OFFENSE

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