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FOR THE DISTRICT OF COLORADO
UNITED STATES OF AMERICA, Plaintiff, v. 1. B&H MAINTENANCE & CONSTRUCTION, INC., a New Mexico corporation;
Defendants. UNITED STATES' FORMAL BILL OF PARTICULARS Pursuant to the Court's Order of November 15, 2007 (Docket # 128), the United States has, by means of this filing, converted its Voluntary Bill of Particulars into a Formal Bill of Particulars.(1) Consistent with the Court's Order, the United States discloses the following information in response to requests made by Defendants:
The various individuals and corporations who participated as coconspirators are:
Defendant, coconspirator B&H participated in the conspiracy by and through the acts of Smith, the vice president and general manager of its Bloomfield, NM regional office, and Martin, marketing manager of its Bloomfield, NM regional office. Flint Energy Services, Inc. ("Flint") participated in the conspiracy through the acts of Rains, then regional manager and head of Flint's Farmington, NM regional office. Both Flint and Rains have pled guilty to participating in this conspiracy. (United States v. Flint Energy Services, Inc. and Kenneth L. Rains, 06-cr-00264 PSF) There are no additional coconspirators.
As the Indictment alleges, the conspiracy began in or about June 2005 and continued until as late as December 2005. Coconspirators B&H, Smith, Flint and Rains joined the conspiracy prior to the time that B&H and Flint submitted bids to the victim, BP America Production Company ("BP America") for the Bayfield 20" Main Loop project in July 2005, and at least by July 7, 2005. Martin joined the conspiracy no later than September 23, 2005. The conspiracy was on-going on December 15, 2005, when Rains was confronted by his superiors at Flint about his bid-rigging activities.
The pipeline constructions projects that were rigged by the conspirators are: Bayfield 20"Main Loop All of the projects were let by the victim, BP America. The Bayfield and Salvador projects were
let in July 2005. The Buford Waytt, Lash Ute, Martinez, Schofield and Southern Ute projects
were let in September 2005. Prices for the Lash Ute and Southern Ute projects were combined
into one single bid by B&H, and submitted as two separate bids by Flint. The Mayfield and
Sauls Creek projects were let in October 2005. Documents relating to all of these projects were
produced to Defendants on April 25, 2007.
FOR THE DISTRICT OF COLORADO
UNITED STATES OF AMERICA, Plaintiff, v. 1. B&H MAINTENANCE & CONSTRUCTION, INC., a New Mexico corporation;
Defendants. CERTIFICATE OF SERVICE I hereby certify that on Novermber 20, 2007, I electronically filed the foregoing "United States' Formal Bill of Particulars" with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: gjohnson@hmflaw.com I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner indicated by the non-participant's name: None.
FOOTNOTES
1. The Voluntary Bill of Particulars was originally filed as Part III of "United States' Response to 'Defendant B&H's Motion for a Bill of Particulars' (Docket # 42) and 'Landon Martin's Motion for Leave to Join in Defendant B&H's Motion for a Bill of Particulars and Supplemental Statement in Support Thereof' (Docket # 48)" [Docket # 59]. |