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Articles Posted in DOJ Antitrust Highlights

MARYLAND TAX LIEN AGENT PLEADS GUILTY TO RIGGING BIDS AT TAX LIEN AUCTIONS
Doyle, Barlow & Mazard PLLC

On June 3, 2008, Steven L. Berman, a Maryland tax lien agent, pled guilty and agreed to pay $750,000 for his role in rigging bids in tax lien auctions in several Maryland counties. Mr. Berman is likely to face a period of incarceration up to 10 years.If a property owner in Maryland fails to pay…

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DOD CONTRACTOR PLEADS GUILTY TO CONSPIRACY TO COMMIT BRIBERY
Doyle, Barlow & Mazard PLLC

On June 3, 2008, Raman International Inc. (“Raman”), a defense contractor, pled guilty to one count of conspiracy to commit bribery. It agreed to pay the maximum criminal fine for a corporation charged with conspiracy to commit bribery of $500,000 and restitution fees amounting to $327,192 to the Department of Defense (“DOD”).According to the plea…

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ANOTHER PECK & HALE, LLC EXECUTIVE PLEADS GUILTY TO CHARGES OF BID RIGGING AND TAKING KICKBACKS ON DOD CONTRACTS
Doyle, Barlow & Mazard PLLC

On May 30, 2008, as a part of their ongoing investigation into the military restraints industry, the DOJ reached a plea agreement with Wilson Freire, a former government contracts manager at Peck & Hale LLC. Mr. Freire pled guilty to two separate conspiracies of bid rigging and taking kickbacks on contracts taken in connection with…

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FORMER EMPLOYEE CHARGED WITH DEFRAUDING HOME DEPOT IN VENDOR KICKBACK SCHEME AND TAX EVASION
Doyle, Barlow & Mazard PLLC

On May 29, 2008, Anthony M. Tesvich, a former employee of Home Depot, was charged with three counts of tax evasion and one count of conspiracy to commit wire fraud.According to the Department of Justice, the conspiracy took place from October 2002 to October 2007. Mr. Tesvich took kickbacks from various foreign vendors seeking to…

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DOJ ALLOWS CENGAGE TO ACQUIRE HM COLLEGE
Doyle, Barlow & Mazard PLLC

On May 28, 2008, the Department of Justice blocked a proposed $750 million acquisition of Houghton Mifflin Harcourt Publishing Company’s College Division (“HM College”) by Cengage Learning, Inc (“Cengage”). The DOJ required the divestiture of Cengage’s assets related to the textbooks and education materials of 14 of its college level courses. The textbooks ranged from…

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DOJ SETTLES WITH NATIONAL REALTORS ASSOCIATION
Doyle, Barlow & Mazard PLLC

On May 27, 2008, the Department of Justice (“DOJ”) reached a settlement with the National Realtors Association (“NAR”) that requires NAR to allow internet-based real estate brokers to compete with traditional real estate brokers. NAR is a trade association of 1.2 million real estate members.According to the DOJ, NAR’s policies stifled competition by restricting the…

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TWO INDIVIDUALS CHARGED WITH CONSPIRING TO COMMIT BRIBERY IN CONNECTION WITH A U.S. ARMY CORPS OF ENGINEERS NEW ORLEANS LEVEE RECONSTRUCTION PROJECT
Doyle, Barlow & Mazard PLLC

On May 15, 2008, Durwanda Elizabeth Morgan Heinrich, a dirt, sand, and gravel subcontractor, and Kern Carver Bernard Wilson, a former contract employee of the U.S. Army Corps of Engineers, were each charged with one count of conspiring to commit bribery. Additionally, Heinrich was charged with two counts of offering a bribe to a public…

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FIRST FORMER AIRLINE EXECUTIVE PLEADS GUILTY TO
Doyle, Barlow & Mazard PLLC

On May 8, 2008, Bruce McCaffrey, Quantas Airways’ Vice President of Freight for the Americas, pled guilty and agreed to serve eight months in jail as well as pay a criminal fine of $20,000 for his role in a conspiracy to fix rates for international cargo shipments. Mr. McCaffrey was the highest ranking Quantas Airways…

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DOJ FILES LAWSUIT AGAINST CONSOLIDATED MULTIPLE LISTING SERVICES CHARGING THAT ITS RULES ARE ANTICOMPETITIVE
Doyle, Barlow & Mazard PLLC

On May 2, 2008, the Department of Justice (“DOJ”) filed a civil antitrust lawsuit against the Consolidated Multiple Listing Services (“CMLS”) of Columbia, SC. The lawsuit, filed at the U.S. District Court in Columbia, SC, alleges that the CMLS’s rules regarding who can be a member and how those brokers must conduct their business stifles…

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DOJ REQUIRES DIVESTITURES IN PROPOSED MERGER BETWEEN REGAL CINEMA AND CONSOLIDATED THEATERS
Doyle, Barlow & Mazard PLLC

On April 29, 2008, the DOJ required the divestiture of assets of Regal Cinema (“Regal”) and Consolidated Theatres Holding GP (“Consolidated”) in three metropolitan areas in North Carolina in order for the $210 million merger between the companies to proceed. The DOJ believes that the transaction would have resulted in less competition and higher ticket…

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