Antitrust Case Filings
On October 30, 2023, the Department of Justice, Antitrust Division, and the United States Attorney’s Office for the District of North Dakota entered into a non-prosecution agreement (“NPA”) with Pro-Mark Services, Inc. Between 2008 and 2020, Pro-Mark’s former owners executed a scheme to obtain government set-aside construction contracts for the company, amounting to approximately $70 million in federal contracts being awarded, despite Pro-Mark not being eligible to compete for these contracts. The former owners then cashed out of company, selling it to Pro-Mark’s employees via an employee stock ownership plan (“ESOP”) transaction. The NPA requires the company to pay a penalty of $949,000 and to continue implementing a compliance and ethics program.
Daniel L. Israel pleaded guilty to one count of entering into and engaging in a combination and conspiracy to suppress and eliminate competition by agreeing to rig bids for contracts to provide asphalt paving services in the state of Michigan. The Information charged a conspiracy that began at least as early as March 2013 and continued until at least as late as November 2018.
James Travis Feazel pleaded guilty to violating 15 U.S.C. § 1 for his role in a scheme to fix prices, rig bids, and allocate jobs in the performance of erosion control projects throughout Oklahoma. As part of the conspiracy, which began as early as September 2017 and continued until as late as April 2023, Feazel and his co-conspirators, among other things, (1) agreed to allocate bids for erosion control contracts based on geographic delineations within the state of Oklahoma; (2) agreed not to compete for erosion control contracts by either submitting intentionally high-priced bids for jobs allocated to a different company or by declining to submit bids for such jobs altogether; (3) agreed to raise and maintain prices for solid slab sodding and other line items in erosion control contracts; and (4) took steps to conceal co-conspirator communications in furtherance of the conspiracy.
F. Allied Construction Company, Inc., Andrew Foster, and Kevin Shell each pleaded guilty to two counts of entering into and engaging in a combination and conspiracy to suppress and eliminate competition by agreeing to rig bids for contracts to provide asphalt paving services in the state of Michigan. Count One charged a conspiracy that began at least as early as June 2013 and continued until at least as late as June 2019. Count Two charged a separate conspiracy that began at least as early as July 2017 and continued until at least as late as May 2021.