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1
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PLEA AGREEMENTS
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EXTRACTED KEY WORDS
UNITED STATES AGREEMENT PLEA PARAGRAPH PURSUANT PARTICIPATIONS GUILTY NORTHERN DISTRICT ABB MIDDLE EAST AFRICA CRIM CHARGES FEDERAL PROCEEDING COURT ALABAMA CONVICTION RECOMMENDATION SUBSIDIARIES PARENT ORGANIZATION COOPERATION AFFILIATES RELEVANT PERIOD UNITED STATES LAW CONNECTION USAID SENTENCING GRAND JURY IMPOSITION PLEAD GUILTY |
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
___________________________________ )
UNITED STATES OF AMERICA )) Criminal No. CR-01-N-135-S
v. )) Filed: April 11, 2001
ABB MIDDLE EAST & AFRICA )
PARTICIPATIONS AG, )
) Violation: 15 U.S.C. § 1
Defendant. )
____________________________________)
PLEA AGREEMENT
The United States of America and ABB MIDDLE EAST & AFRICA
PARTICIPATIONS AG ("ABB MEA") hereby enter into the following Plea
Agreement pursuant to Rule 11(e)(1)(C) of the Federal Rules of Criminal Procedure
("Fed. R. Crim. P."):
RIGHTS OF DEFENDANT
1. ABB MEA understands its rights:
(a) to be represented by an attorney;
(b) to be charged by indictment;
(c) to plead not guilty to any criminal charge brought against it;
(d) to have a trial by jury, at which it would be presumed not guilty
of the charge and the United States would have to prove it guilty
beyond a reasonable doubt;
(e) to confront and cross-examine witnesses against it and to
subpoena witnesses in its defense at trial;
(f) to appeal its conviction if it is found guilty at trial; and
(g) to appeal the imposition of sentence against it.
SNIPPETS:
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2
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JOINT RULE 11 MEMO
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EXTRACTED KEY WORDS
CONTRACT CONSPIRACY UNITED STATES PLEA AGREEMENT BIDS PURSUANT PARTICIPATIONS ACT EGYPT GUILTY CHARGES AFFILIATES PARENT COURT RIGGING COMMERCE COMPETITION CONSTRUCTION CONTRACT COOPERATION VIOLATION SHERMAN ACT FOREIGN COMMERCE PARENT ORGANIZATION SUBSIDIARIES AMOUNT COMMITMENT CO-CONSPIRATORS MEETINGS OFFENSE |
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
___________________________________ )
UNITED STATES OF AMERICA )) Criminal No. CR-01-N-135-S
v. )) Filed: April 11, 2001
ABB MIDDLE EAST & AFRICA )
PARTICIPATIONS AG, )
) Violation: 15 U.S.C. § 1
Defendant. )
____________________________________)
JOINT RULE 11 MEMORANDUM
The United States and defendant ABB MIDDLE EAST & AFRICA
PARTICIPATIONS AG ("ABB MEA") submit this memorandum to set forth the
factual basis for the parties' plea agreement pursuant to Rule 11(f) of the Federal
Rules of Criminal Procedure. Pursuant to the plea agreement, ABB MEA has
waived indictment and will plead guilty to the captioned one-count Information
charging ABB MEA with violating the Sherman Act, 15 U.S.C. § 1. The United
States and ABB MEA have entered into a plea agreement pursuant to Rule
11(e)(1)(C) of the Federal Rules of Criminal Procedure. This memorandum provides
the Court with sufficient information for acceptance of the plea by setting forth the
statute violated, a statement of facts supporting the plea agreement, and the terms
of the plea agreement.
I
STATUTE VIOLATED
A. The Sherman Act
The Information charges ABB MEA with one count of bid rigging in violation
of the Sherman Act, 15 U.S.C. § 1. Section One of Title 15, United States Code,
SNIPPETS:
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3
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INFORMATION
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EXTRACTED KEY WORDS
DEFENDANT UNITED STATES CONSPIRACY CHARGES CO-CONSPIRATORS BIDS COMPETITION PARTICIPATING FOREIGN TRADE COMMERCE ACT MEETINGS SAE SADELMI ABB BUSINESS SWITZERLAND TRANSACTION NORTHERN DISTRICT ALABAMA SUPPRESS EGYPT INTERSTATE COMMITMENTS RIGGING CONSTRUCTION VIOLATION AGREEMENT ACCORDANCE USAID |
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
__________________________________________)
UNITED STATES OF AMERICA )) Criminal No.
v. )
) Filed: April
ABB MIDDLE EAST & AFRICA )
PARTICIPATIONS AG, )
) Violation: 15
Defendant. )
__________________________________________)
INFORMATION
The United States of America, acting through its attorneys, charges:
I
DESCRIPTION OF THE OFFENSE
1. ABB MIDDLE EAST & AFRICA PARTICIPATIONS AG ("ABB MEA")
is made a defendant on the charge stated below.
2. Beginning at least as early as June 1989 and continuing until at least
September 20, 1996, the defendant and co-conspirators entered into and
participated in a combination and conspiracy to suppress and eliminate competition
by rigging the bids on Contract 29, a wastewater construction contract funded by
the United States Agency for International Development ("USAID") and performed
in the Arab Republic of Egypt. The combination and conspiracy engaged in by the
defendant and co-conspirators was in unreasonable restraint of interstate and
foreign 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
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