 |
 |
|
|
|
|
|
|
|
| | | |
|
|
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
US SENTENCING MEMO
|
EXTRACTED KEY WORDS
UNITED STATES ANCHOR DEFENDANT SENTENCING COURT COMMERCE GUIDELINES REASONS VICTIMS PARTICIPATING RECOMMENDATION AGREED-UPON ANTITRUST PAY INFORMATION CHARGES SHERMAN ACT REQUIRING TWICE CRIME IMPOSE CONTRACT RESTRAINT TRADE CONVICTION SOLD OFFENSE MAXIMUM PENALTY AMOUNT GOVERNMENT |
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA )) Criminal No. 01-144
v. )
) Judge Stewart Dalzell
ANCHOR INDUSTRIAL )
PRODUCTS, INC. ) Filed: 3-27-01
)
Defendant. )
GOVERNMENT'S SENTENCING MEMORANDUM
The United States and Anchor Industrial Products, Inc. (Anchor), have entered into a plea
agreement, pursuant to which Anchor will waive indictment and plead guilty to the captioned
Information. The one-count Information charges Anchor with a violation of the Sherman Act,
15 U.S.C. § 1.
I
STATUTE VIOLATED
A. 15 U.S.C. § 1
Section One of Title 15, United States Code, provides:
Every contract, combination in the form of trust or otherwise, or
conspiracy, in restraint of trade or commerce among the several
States, or with foreign nations, is declared to be illegal. Every
person who shall make any contract or engage in any combination
or conspiracy hereby declared illegal shall be deemed guilty of a
felony, and, on conviction thereof, shall be punished by a fine not
exceeding $10,000,000 if a corporation . . . , in the discretion of the
court.
B. The Information
The Information charges the defendant with participating in a conspiracy to suppress and
eliminate competition by fixing the price of carbon cathode block sold in the United States and
elsewhere in unreasonable restraint of trade and commerce beginning at least as early as February
SNIPPETS:
|
|
2
.
US RULE 11 MEMO
|
EXTRACTED KEY WORDS
ANCHOR CATHODE BLOCK CONSPIRACY PLEA PLEA AGREEMENT CARBON CATHODE BLOCK PRODUCTION COURT CATHODE BLOCK SOLD PURSUANT CHARGES PRICES EASTERN DISTRICT GUILTY SHERMAN ACT COMMERCE PARTICIPATING DEFENDANT VIOLATION COMPETITION PRIMARY ALUMINUM AFFILIATES COOPERATION SALE UNREASONABLE RESTRAINT TRADE FOREIGN COMMERCE FIXING OFFENSE |
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA ) ) Criminal No. 01-144
v. )) Judge Stewart Dalzell
ANCHOR INDUSTRIAL )
PRODUCTS, INC. ) Filed: 03-15-01
)
Defendant. )
GOVERNMENT'S RULE 11 MEMORANDUM
The United States and Anchor Industrial Products, Inc. (Anchor) have entered into a plea
agreement, pursuant to which Anchor will waive indictment and plead guilty to the captioned
Information. The one-count Information charges Anchor with a violation of the Sherman Act, 15
U.S.C. § 1. The purpose of this memorandum is to provide the Court with sufficient information
to accept the plea by setting forth the violated statute, a description of the criminal Information,
the terms of the Plea Agreement, and a preliminary statement of facts which supports the
agreement.
I
STATUTE VIOLATED
A. 15 U.S.C. Section 1
Section One of Title 15, United States Code, provides:
Every contract, combination in the form of trust or otherwise, or
conspiracy, in restraint of trade or commerce among the several
States, or with foreign nations, is declared to be illegal. Every
person who shall make any contract or engage in any combination
or conspiracy hereby declared illegal shall be deemed guilty of a
felony, and, on conviction thereof, shall be punished by a fine not
exceeding $10,000,000 if a corporation, or, if any other person,
$350,000, or by imprisonment not exceeding three years, or by both
said punishments, in the discretion of the court.
B. The Information
The Information charges Anchor with participating in a conspiracy to suppress and
SNIPPETS:
|
|
3
.
PLEA AGREEMENT
|
EXTRACTED KEY WORDS
UNITED STATES ANCHOR SENTENCING COURT CHARGE PURSUANT DEFENDANT CATHODE BLOCK REPRESENTATIVES CARBON CATHODE BLOCK GUILTY OFFENSE PARAGRAPH AFFILIATES COOPERATION CONSPIRACY CRIMINAL CHARGE CRIM VIOLATION ANTITRUST RELEVANT PERIOD WAIVES EVIDENCE PURPOSE LAWS SALE IMPOSE PROSECUTION PROCEEDING |
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA ) ) Criminal No. 01-144
v. ) ) Filed: 04-04-01
ANCHOR INDUSTRIAL )
PRODUCTS, INC. ) Violation: 15 U.S.C. § 1
)
Defendant. )
PLEA AGREEMENT
The United States of America and Anchor Industrial Products, Inc.,
(hereinafter "Anchor"), formerly Hepworth Refractories, Inc., 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. Anchor understands its right:
(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 every element of the
charged offense in order for it to be found 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.
AGREEMENT TO PLEAD GUILTY
SNIPPETS:
|
|
4
.
INFORMATION
|
EXTRACTED KEY WORDS
CATHODE BLOCK DEFENDANT CARBON CATHODE BLOCK CHARGE CO-CONSPIRATORS CONSPIRACY PRICES CATHODE BLOCK SOLD FOREIGN TRADE COMMERCE ACT SALE TRANSACTION EASTERN DISTRICT PENNSYLVANIA PARTICIPATING INTERSTATE CUSTOMERS PRODUCTION PRIMARY ALUMINUM FLOW COUNTRIES ATTORNEYS VIOLATION AGREEMENT PURPOSE MEETINGS OHIO BUSINESS |
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA )) Criminal No. 01-144
v. )) Filed: 03-15-01
ANCHOR INDUSTRIAL )
PRODUCTS, INC. ) Violation: 15 U.S.C. § 1
)
Defendant. )
INFORMATION
The United States of America, acting through its attorneys, charges:
I
DESCRIPTION OF THE OFFENSE
1. Anchor Industrial Products, Inc., (hereinafter "Anchor"), formerly
Hepworth Refractories, Inc., is made a defendant on the charge stated below.
2. Beginning at least as early as February 1996 and continuing until at
least December 1997, the exact dates being unknown to the United States, the
defendant, and co-conspirators entered into and participated in a combination and
conspiracy to suppress and eliminate competition by fixing the price of carbon
cathode block sold in the United States and elsewhere. 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
co-conspirators, the substantial terms of which were to agree to fix and maintain
prices and to coordinate pricing for the sale of carbon cathode block in the United
SNIPPETS:
|
|
|
| | | |
|
|
