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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF LOUISIANA
LAFAYETTE-OPELOUSAS DIVISION
UNITED STATES OF AMERICA ) I N D I C T M E N T
)
V. ) CRIMINAL NO.: [filed 1/18/84]
CHARLES J. FRIEDMAN AND )
PAMELA A. FRIEDMAN, ) VIOLATIONS:
) 18 U.S.C. § 371
Defendants. ) 18 U.S.C. § 1503
COUNT ONE
(18 U.S.C. § 371)
THE GRAND JURY CHARGES:
1. CHARLES J. FRIEDMAN and PAMELA A. FRIEDMAN are
hereby indicted and made defendants in the charge stated below.
2. At all times relevant to this Indictment,
Charles J. Friedman and Pamela A. Friedman were the owners and/or
principal operators of Seafood Incorporated; Seafood Incorporated
of Henderson, Louisiana; Southern Seafood of Louisiana, Inc.;
Acadiana Fresh Seafood, Inc.; and A.F. Holding Company, with
their places of business located in Henderson, Louisiana, and
engaged in the business of buying, peeling, selling and
processing seafood, including crawfish and crabs.
3. Various persons, not made defendants herein,
participated as co-conspirators in the offense charged herein and
performed acts and made statements in furtherance thereof.
4. From May 15, 1991, and continuing thereafter until
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the date of the return of this Indictment, Grand Jury #90-2 and
Grand Jury #92-01 having been duly impaneled and sworn in the
United States District Court for the Western District of
Louisiana, were engaged in the due administration of justice in
that they were conducting an official investigation (hereinafter
"grand jury investigation") to determine whether companies
engaged in the business of buying, peeling, selling, and
processing crawfish, or their employees, had violated or were
violating any federal criminal laws, including engaging in
price-fixing activity in violation of Section One of the Sherman
Act (15 U.S.C. § 1).
5. On or about May 15, 1991, in furtherance of the
grand jury investigation, a grand jury subpoena duces tecum was
served upon Seafood Incorporated, which required the defendants,
Charles J. Friedman and Pamela A. Friedman, to produce documen-
tary materials to the grand jury on June 11, 1991. Among other
things, the subpoena required them to produce, for the period
January 1, 1986, through May 15, 1991, documents identifying
crawfish purchases, sales, and processing; and annual reports,
financial statements and statements filed with the Securities and
Exchange Commission. Such records were material and relevant to
the grand jury investigation.
6. Beginning sometime on or about May 15, 1991, and
continuing thereafter until at least July of 1993, the exact date
or dates being unknown to the grand jury, in the Western District
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of Louisiana, having knowledge of the grand jury investigation
and of the grand jury subpoena duces tecum, the defendants and
co-conspirators, both known and unknown to the grand jury,
knowingly and willfully entered into a conspiracy, agreement, and
understanding to commit an offense against the United States,
namely, to obstruct and impede the due administration of justice
in the aforementioned grand jury investigation, in violation of
Title 18, United States Code, Section 1503.
7. It was a part and object of the aforesaid
conspiracy that the defendants and co-conspirators would and did
agree to submit a false and misleading affidavit to the federal
grand jury in response to the grand jury subpoena duces tecum
commanding certain records that were material to the grand jury's
investigation.
8. It was further a part and object of the aforesaid
conspiracy that the defendants and co-conspirators would and did
agree to withhold and conceal from the grand jury certain records
which predated May 15, 1991, were commanded by the grand jury
subpoena duces tecum and were material to the grand jury's
investigation.
9. It was further a part and object of the aforesaid
conspiracy that the defendants and co-conspirators would and did
agree to burn and destroy certain records which predated May 15,
1991, were commanded by the grand jury subpoena duces tecum and
were material to the grand jury's investigation.
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10. In furtherance of the aforementioned conspiracy,
agreement, and understanding, and to effect its objects and
purposes, the defendants and co-conspirators performed the
following overt acts in the Western District of Louisiana
including, but not limited to, the following:
(a) in May of 1991, the exact
date or dates being unknown
to the grand jury, created a
false and misleading
affidavit for submission
to the grand jury, in
response to the grand jury
subpoena duces tecum
commanding certain records
that were material to the
grand jury's investigation;
(b) in May of 1991, the exact
date or dates being unknown
to the grand jury, sent a
false and misleading
affidavit to the Department
of Justice for submission to
the grand jury, in response
to the grand jury subpoena
duces tecum commanding
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certain records that were material to the grand
jury's investigation;
(c) between May 15, 1991 and July
of 1993, the exact date or
dates being unknown to the
grand jury,
located and identified, and
caused to be located and
identified, certain records
which predated May 15, 1991,
were commanded by the grand
jury subpoena duces tecum and were material to the
grand jury's investigation;
(d) between May 15, 1991 and July
of 1993, the exact date or
dates being unknown to the
grand jury, withheld and
concealed, and caused and
directed the withholding and
concealment of, certain
records which predated May
15, 1991, were commanded by
the grand jury subpoena duces
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tecum and were material to the grand jury's
investigation; and
(e) between May 15, 1991 and
October of 1991, the exact
date or dates
being unknown to the grand
jury,
burned and destroyed, and
caused and directed the
burning and destruction of,
certain records which
predated May 15, 1991, were
commanded by the grand jury
subpoena duces tecum and were material to the grand
jury's investigation.
ALL IN VIOLATION OF TITLE 18, UNITED STATES CODE, SECTION
371.
COUNT TWO
(18 U.S.C. § 1503)
THE GRAND JURY FURTHER CHARGES:
1. CHARLES J. FRIEDMAN is hereby indicted and
made a defendant in the charge stated below.
2. Each and every allegation in paragraphs 2,
4, and 5 of Count One is here realleged with the same
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force and effect as though said paragraphs were set forth
in full detail.
3. In May of 1991, the exact date or dates
being unknown to the grand jury, in the Western District
of Louisiana, the defendant, having knowledge of the grand
jury investigation, did corruptly influence, obstruct and
impede, and endeavor to influence, obstruct and impede the
due administration of justice in the federal grand jury
sitting in the Western District of Louisiana by creating
and sending, and by causing to be created and sent, and by
endeavoring to create and send, a false and misleading
affidavit to the Department of Justice for submission to
the grand jury, in response to the grand jury subpoena
duces tecum commanding certain records that were material
to the grand jury's investigation, in violation of Title
18, United States Code, Section 1503.
ALL IN VIOLATION OF TITLE 18, UNITED STATES CODE, SECTION
1503.
COUNT THREE
(18 U.S.C. § 1503)
THE GRAND JURY FURTHER CHARGES:
1. CHARLES J. FRIEDMAN and PAMELA A. FRIEDMAN
are hereby indicted and made defendants in the charge
stated below.
2. Each and every allegation in paragraphs 2,
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4, and 5 of Count One of this Indictment is here realleged
with the same force and effect as though said paragraphs
were set forth in full detail.
3. Between May 15, 1991 and July of 1993, the
exact date or dates being unknown to the grand jury, in
the Western District of Louisiana, the defendants, having
knowledge of the grand jury investigation, did corruptly
influence, obstruct and impede, and endeavor to influence,
obstruct and impede the due administration of justice in
the federal grand jury sitting in the Western District of
Louisiana by withholding and concealing,
and by causing to be withheld and concealed, and by
endeavoring to withhold and conceal, certain records which
predated May 15, 1991, which were commanded by the grand
jury subpoena duces tecum and which were material to the
grand jury's investigation, in violation of Title 18,
United States Code, Section 1503.
ALL IN VIOLATION OF TITLE 18, UNITED STATES CODE, SECTION
1503.
COUNT FOUR
(18 U.S.C. § 1503)
THE GRAND JURY FURTHER CHARGES:
1. CHARLES J. FRIEDMAN and PAMELA A. FRIEDMAN
are hereby indicted and made defendants in the charge
stated below.
2. Each and every allegation in paragraphs 2,
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4, and 5 of Count One of this Indictment is here realleged
with the same force and effect as though said paragraphs
were set forth in full detail.
3. Between May 15, 1991 and October of 1991,
the exact date or dates being unknown to the grand jury,
in the Western District of Louisiana, the defendants,
having knowledge of the grand jury investigation, did
corruptly influence, obstruct and impede, and endeavor to
influence, obstruct and impede the due administration of
justice in the federal grand jury sitting in the Western
District of Louisiana by burning and destroying, and by
causing to be burned and destroyed, and by endeavoring to
burn and destroy, certain records, which predated May 15,
1991, which were commanded by the grand jury subpoena
duces tecum and which were material to the grand jury's
investigation, in violation of Title 18, United States
Code, Section 1503.ALL IN VIOLATION OF TITLE 18, UNITED
STATES CODE, SECTION 1503.
Dated this day of l994.
A TRUE BILL
FOREMAN
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ANNE K. BINGAMAN JOAN E. MARSHALL
Assistant Attorney General
Antitrust Division "/s/"
"/s/"
JOSEPH H. WIDMAR GREGORY S. GLOFF
Attorneys
"/s/" Antitrust Division
ALAN A. PASON U.S. Department of Justice
Earle Cabell Federal Bldg.
Attorneys 1100 Commerce St., Room 8C6
Antitrust Division Dallas, Texas 75242-0898
U.S. Department of Justice Tel: (214) 767-8051
"/s/"
MICHAEL D. SKINNER
United States Attorney
Western District of Louisiana
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