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- Newsgroups: misc.activism.progressive
- Path: sparky!uunet!usc!wupost!mont!pencil.cs.missouri.edu!rich
- From: Nigel Allen <nigel.allen@canrem.com>
- Subject: Dairy Executives Charged With Bid Rigging
- Message-ID: <1992Jul28.231949.2230@mont.cs.missouri.edu>
- Followup-To: alt.activism.d
- Originator: rich@pencil.cs.missouri.edu
- Sender: news@mont.cs.missouri.edu
- Nntp-Posting-Host: pencil.cs.missouri.edu
- Organization: Echo Beach
- Date: Tue, 28 Jul 1992 23:19:49 GMT
- Approved: map@pencil.cs.missouri.edu
- Lines: 76
-
- press release from U.S. Department of Justice
- Dairy Executives Charged With Bid Rigging on School Milk Contracts
- To: National Desk, North Carolina Correspondent
- Contact: U.S. Department of Justice, Public Affairs, 202-514-2007
-
- WASHINGTON, July 27 /U.S. Newswire/ -- The Department of Justice
- said a federal grand jury indicted three dairy executives for
- antitrust violations today, charging that they participated in a milk
- and dairy products bid rigging conspiracy involving North Carolina
- public schools.
- They also were charged with four counts of mail fraud.
- A grand jury in U.S. District Court in Greensboro, N.C., returned
- a five-count indictment against Hugh P. Bowman and Joe C. McMillan
- of Flav-O-Rich Inc. and Paul W. Tucker, formerly of Land-O-Sun
- Dairies Inc. The three were charged with conspiring to rig bids to
- supply milk and dairy products to designated schools in North
- Carolina and using the mail to further their scheme.
- In 1991, Flav-O-Rich, headquartered in Louisville, Ky., was
- charged with rigging bids of milk contracts for public schools and
- military installations and paid a total of $5 million to settle all
- criminal and civil liabilities in Florida, Puerto Rico and Kings Bay
- Naval Base in Georgia. In 1989, Land-O-Sun, headquartered in Johnson
- City, Tenn., pleaded guilty to charges of rigging bids on public
- school milk contracts in Florida and was fined $325,000.
- Count one of today's indictment charged that from at least as
- early as the spring of 1982 until the end of the 1987-88 school year
- the three dairy executives and others conspired to submit collusive,
- noncompetitive and rigged bids for certain school milk and dairy
- products contracts in violation of Section 1 of the Sherman Act.
- According to the indictment, the affected school systems included
- Alamance, Alexander, Buncombe, Gaston, Guilford, Iredell, Lincoln,
- Randolph, Rowan, Stanly, Transylvania, Watauga and Yadkin counties;
- the cities of Asheboro, Asheville, Burlington, Chapel Hill-Carrboro,
- Greensboro, Mt. Airy, Reidsville and Thomasville; Charlotte
- City/Mecklenburg County; and Western Carolina University.
- Counts two and three charged the defendants with mail fraud for
- causing the Alamance County schools to mail checks to Land-O-Sun to
- pay for contracts rigged as part of the conspiracy.
- Counts four and five charged the defendants with mail fraud for
- causing the Rowan County schools to mail checks to Flav-O-Rich to pay
- for contracts rigged as part of the conspiracy. The indictment
- charged that these mailings were in furtherance of the fraudulent bid
- rigging scheme.
- Charles A. James, acting assistant attorney general in charge of
- the Antitrust Division, said the charges resulted from a federal
- grand jury investigation into collusion among suppliers of dairy
- products to public schools in North Carolina.
- The investigation, conducted by the Antitrust Division's
- Litigation I section, continues in North Carolina, James said. James
- also noted that, to the extent permitted under federal rules, the
- federal investigators are coordinating their efforts with the North
- Carolina Attorney General's office which is conducting a separate
- investigation.
- The maximum penalty for an individual convicted under the Sherman
- Act for a violation occurring prior to Nov. 16, 1990, is three years
- imprisonment and a fine that is the greatest of $250,000, twice the
- pecuniary gain derived from the crime or twice the pecuniary loss
- caused to the victims of the crime.
- The maximum penalty for an individual convicted under the mail
- fraud statute is five years imprisonment and a fine that is the
- greatest of $250,000, twice the pecuniary gain derived from the crime
- or twice the pecuniary loss caused to the victims of the crime.
- Including today's indictment, the Antitrust Division has filed
- 53 criminal cases against 26 corporations and 41 individuals
- involving bid rigging on milk and other dairy products contracts.
- Cases have been brought in Florida, Georgia, North Carolina, South
- Carolina, Virginia, Kentucky, Illinois and Texas.
- Twenty-three corporations and 28 individuals have been convicted
- and paid total fines of approximately $20.7 million. Total civil
- damages are more than $6.2 million. Thirty-two grand juries in
- 21 states continue to investigate the milk industry.
- -0-
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