Indictment

The Grand Jury charges:

1. VINCENZO OLIVERI is hereby indicted and made a defendant on the charge stated below.

2. Beginning in or about September 1997, and continuing thereafter until the date of this indictment, Grand Jury No. 97-3, having been duly impaneled and sworn in the United States District Court for the Southern District of Texas, was engaged in the due administration of justice, to wit: the grand jury was investigating a possible conspiracy among providers of heavy-lift derrick barge and related marine construction services to reduce and eliminate competition in the provision of such services to customers in the United States and elsewhere, in violation of the Sherman Antitrust Act, 15 U.S.C. § 1, and related federal criminal statutes.

3. On or about May 7, 1998, in furtherance of the said grand jury investigation, the defendant, VINCENZO OLIVERI, while in Houston, Texas, was personally served with a lawful writ of the United States District Court for the Southern District of Texas, to wit: a subpoena ad testificandum dated May 7, 1998, requiring him to appear and testify before a grand jury of the Court in Houston, Texas on June 2, 1998. At the request of the defendant, VINCENZO OLIVERI, the return date of the subpoena ad testificandum was adjourned twice: first to June 29, 1998 and later to July 29, 1998.

4. On July 29, 1998, the defendant, VINCENZO OLIVERI, having been properly served with a lawful writ of a Court of the United States to appear before a grand jury of the Court in Houston, in the Southern District of Texas, and with the knowledge of his obligation to appear before the grand jury to testify, did deliberately, willfully and contumaciously fail to appear before the said grand jury, in violation of Section 401 of Title 18 of the United States Code.

ALL IN VIOLATION OF TITLE 18 UNITED STATES CODE, SECTION 401.

A TRUE BILL.

Dated: October 19, 1998

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Foreperson