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FOR THE TERRITORY OF GUAM
The United States of America, acting through its attorneys, charges:
CONSPIRACY TO RESTRAIN TRADE [15 U.S.C. § 3] [18 U.S.C. § 2]DESCRIPTION OF THE OFFENSE
1. PRIMITIVO DUQUE CARLOS is hereby made a defendant on the charge stated below.
2. Beginning as early as December 17, 1997 and continuing at least until July 17, 1998, the exact dates being unknown to the United States, the defendant and co-conspirators entered into and engaged in a combination and conspiracy to rig price quotations for a contract with the Territorial Government of Guam's Department of Parks and Recreation ("DPR") to repair damage done by Typhoon Paka to the Agaña Tennis Court and Paseo de Susanna ("the Typhoon Damage Repair Contract"), in unreasonable restraint of territorial trade and commerce in violation of the Sherman Antitrust Act, Title 15, United States Code, Section 3, and Title 18, United States Code, Section 2.
THE DEFENDANT AND THE CO-CONSPIRATORS
3. During the period covered by this Information, PRIMITIVO DUQUE CARLOS was a resident of the Territory of Guam and a citizen of the United States of America.
4. Various individuals and corporations, not made defendants in this Information, participated as co-conspirators in the offense charged herein, and performed acts and made statements in furtherance thereof.
AIDING AND ABETTING
5. Defendant PRIMITIVO DUQUE CARLOS aided, abetted, counseled, commanded, induced, and procured the combination and conspiracy; and willfully caused others to perform acts and make statements in furtherance of the combination and conspiracy.
6. The charged combination and conspiracy consisted of an agreement, understanding, and concert of action, among the defendant and co-conspirators, the substantial term of which was to rig price quotations to be offered for the Typhoon Damage Repair Contract.
7. For the common purpose of forming and carrying out the charged combination and conspiracy, the defendant and co-conspirators did those things which they combined and conspired to do. Among other things, they:
8. During the period covered by this Information, the activity that was the object of the conspiracy was within the flow of, and substantially affected, commerce in the Territory of Guam, in that the Typhoon Damage Repair Contract was offered, quoted, awarded, performed, and paid for in the Territory of Guam.JURISDICTION AND VENUE
9. The combination and conspiracy charged in this Information was formed and carried out, in part, within the District of Guam, within five years preceding the return of this Information.
ALL IN VIOLATION OF TITLE 15, UNITED STATES CODE, SECTION 3, AND TITLE 18, UNITED STATES CODE, SECTION 2.