Information

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION

INFORMATION

The United States of America, acting through its attorneys, charges:

I.

DESCRIPTION OF THE OFFENSE

1. JEFCO, Inc. is made a defendant on the charge stated below.

2. Beginning at least as early as April 1996, and continuing thereafter at least through November 1997, the exact dates being unknown to the United States, the defendant and others engaged in a combination and conspiracy in unreasonable restraint of interstate trade and commerce in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1.

3. The charged combination and conspiracy consisted of a continuing agreement, understanding and concert of action among the defendant and co- conspirators, the substantial term of which was to suppress competition by refraining from full competitive bidding against one another for certain commercial plate glass installation contracts in southwestern Virginia.

4. For the purpose of forming and carrying out the charged combination and conspiracy, the defendant and co-conspirators did the following things, among others:

1. discussed the submission of prospective bids on certain commercial plate glass installation contracts;
2. designated and agreed which co-conspirator would be the low bidder on each of the contracts discussed; and
3. submitted collusive, noncompetitive and rigged bids in accordance with agreements reached.

II.

DEFENDANT AND CO-CONSPIRATORS

5. The defendant, during all or part of the period covered by this Information, was a Virginia corporation engaged in the business of installing commercial plate glass and related products.

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

7. Whenever in this Information reference is made to any act, deed, or transaction of any corporation, the allegation means that the corporation engaged in the act, deed, or transaction by or through its officers, directors, employees, agents, or other representatives while they were actively engaged in the management, direction, control, or transaction of its business or affairs.

III.

TRADE AND COMMERCE

8. The business activities of the defendant and co-conspirators that are the subject of this Information were within the flow of, and substantially affected, interstate trade and commerce..

IV.

JURISDICTION AND VENUE

9. The charged combination and conspiracy was formed and carried out, in part, within the Western District of Virginia, within the five years preceding the filing of this Information.