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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA, )
) Criminal No.
v. )
) Filed:
IRA GREEN INC., )
) 15 U.S.C. ยง 1
Defendant. )
INFORMATION
The United States of America, acting through its attorneys,
charges:
I
DEFENDANT AND CO-CONSPIRATORS
1. IRA GREEN INC., (IRA GREEN) is hereby made a defendant
on the charge stated below. IRA GREEN is a corporation organized
and existing under the laws of the State of New York, with its
principal place of business in Providence, Rhode Island. During
the time covered by this information, IRA GREEN manufactured
metal and embroidered insignia to the Army Air Force Exchange
Service (AAFES) for resale to United States military personnel.
2. Various individuals and companies not made defendants,
herein participated as co-conspirators in the offense charged
herein and performed acts and made statements in furtherance
thereof.
3. Wherever in this information reference is made to any
act, deed, or transaction of a corporation, the allegation means
that the corporation engaged in the act, deed or transaction by
or through its officers, directors, agents, employees or
representatives while they were actively engaged in the
management, direction, control or transaction of its business or
affairs.
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II
BACKGROUND
4. AAFES operates over 3,000 retail facilities on military
installations worldwide at which military insignia are offered
for resale to military personnel. Military insignia include
embroidered insignia and metal insignia. Military insignia are
accessories attached to a soldier's uniform to designate branch
of service, unit, rank, and also identify the wearer's years of
service, campaigns served, training completed and meritorious and
heroic conduct performed. Military insignia are manufactured and
sold to AAFES by the defendant and co-conspirator companies.
5. AAFES procures military insignia through open order
contracts and competitively bid individual bulk contracts with
awards made to the qualified bidder offering the lowest price.
During the period covered by this information, IRA GREEN and its
co-conspirator companies supplied AAFES with military insignia
under open order contracts and competitively bid individual bulk
contracts.
III
OFFENSE CHARGED
6. Beginning at least as early as January 1990 and
continuing at least until December 1993, 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 in unreasonable restraint of
trade and commerce.
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7. The charged conspiracy consisted of an agreement,
understanding and concert of action among the defendant and
co-conspirators, the substantial terms of which were to submit
collusive, non-competitive and rigged bids and fixed prices on
military insignia contracts with AAFES.
8. For the purpose of forming and carrying out the charged
conspiracy, the defendant and co-conspirators did those things
which they combined and conspired to do, including, among other
things:
(a) discussing among themselves the submission of
prospective prices on open order contracts and
individual bulk contracts;
(b) agreeing among themselves which company would be
the low bidder for the individual bulk contracts;
and
(c) submitting fixed prices and collusive,
non-competitive and rigged bids for the
aforementioned contracts. IV
TRADE AND COMMERCE
9. During the period covered by this information, a
substantial quantity of military insignia manufactured by the
defendant and co-conspirators were shipped across state lines and
overseas to military facilities throughout the United States and
abroad.
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10. During the period covered by this information, the
activities of the defendant and co-conspirators, which are the
subject of this information, were within the flow of, and
substantially affected, interstate and foreign trade and
commerce.
ALL IN VIOLATION OF TITLE 15, UNITED STATES CODE, SECTION 1.
Dated:
ANNE K. BINGAMAN WILLARD S. SMITH, JR.
Assistant Attorney General
GARY R. SPRATLING BRADFORD L. GEYER
Attorneys, Antitrust Division
U.S. Department of Justice
Middle Atlantic Office
The Curtis Center, Suite 650W
ROBERT E. CONNOLLY 7th and Walnut Streets
Philadelphia, PA 19106
Attorneys, Antitrust Division Tel.: (215) 597-7401
U.S. Department of Justice
MICHAEL R. STILES
United States Attorney
Eastern District of Pennsylvania. |