The following is an excerpt from the Department of Justice website:
Wednesday, August 24, 2011
“Iowa Company Pleads Guilty to Participating in Ready-Mix Concrete Price-Fixing and Bid-Rigging Conspiracy
WASHINGTON - An Iowa ready-mix concrete company pleaded guilty today to participating in a price-fixing and bid-rigging conspiracy for the sales of ready-mix concrete, the Department of Justice announced.
According to a one-count felony charge filed on Aug. 15, 2011, in U.S. District Court in Sioux City, Iowa, Great Lakes Concrete Inc., a producer of ready-mix concrete with headquarters in Spencer, Iowa, participated in a conspiracy with another ready-mix concrete company to fix prices and rig bids for ready-mix concrete sold in the northern district of Iowa. The department said the company participated in the conspiracy beginning at least as early as January 2008 and continuing until as late as August 2009.
Ready-mix concrete is a product comprised of cement, aggregate (sand and gravel), water and other additives. The concrete generally is produced in a concrete plant and is transported by concrete-mixer trucks to work sites, where it is used in various types of construction projects, including buildings and roads.
According to court documents, Kent Robert Stewart, the president of Great Lakes Concrete, participated in the conspiracy by engaging in conversations and reaching agreements regarding the conspirators’ price lists and project bids for ready-mix concrete sold in the northern district of Iowa. Great Lakes Concrete then accepted payment for those sales at collusive and noncompetitive prices, the department said. On May 24, 2010, Stewart pleaded guilty in U.S. District Court in Sioux City to participating in a conspiracy to fix prices and rig bids of the sale of ready-mix concrete, and, on Feb. 8, 2011, was sentenced to serve a year and a day in prison and to pay a $83,427.09 criminal fine.
Great Lakes Concrete is charged with violating the Sherman Act, which carries a maximum fine of $100 million for corporations. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
Today’s guilty plea arose from an ongoing federal antitrust investigation of the ready-mix concrete industry in Iowa and surrounding states. As a result of the investigation, three individuals have been convicted and sentenced to serve prison time, and, including Great Lakes Concrete, four ready-mix concrete companies have pleaded guilty and are awaiting sentencing.”
Wednesday, August 24, 2011
DOJ SETTLES WITH PORK PRODUCER OVER EXCESSIVE DOCUMENTATION REQUIREMENS FOR IMMIGRANTS
The following excerpt is from the Department of Justice Website:
Monday, August 22, 2011
WASHINGTON — The Justice Department today reached a settlement with Farmland Foods Inc., a major producer of pork products in the United States, resolving allegations that it engaged in a pattern or practice of discrimination by imposing unnecessary and excessive documentary requirements on non-U.S. citizens and foreign-born U.S. citizens when establishing their authority to work in the United States. Farmland Foods, a subsidiary of Smithfield Foods Inc., is headquartered in Kansas City, Mo. The settlement resolves the lawsuit between the United States and Farmland filed in June 2011.
The lawsuit, initiated by the Civil Rights Division’s Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC), was based on an OSC investigation revealing that Farmland required all newly hired non-U.S. citizens and some foreign-born U.S. citizens at its Monmouth, Illinois plant to present specific and, in many cases, extra work-authorization documents beyond those required by federal law. In the case of non-U.S. citizens, Farmland required the presentation of a specific work-authorization document issued by the Department of Homeland Security, such as a permanent resident card or an employment authorization document, rather than allowing the employee to choose which document(s) to present from the list of acceptable documents on the Employment Eligibility Verification Form I-9. Farmland also required additional work authorization documents, generally by requiring social security cards, even when employees had already produced other documents establishing work authority. In the case of foreign-born naturalized U.S. citizens, Farmland sometimes required evidence of citizenship, such as certificates of naturalization or U.S. passports, even when those individuals had other means of proving their work authority. Farmland’s demand for specific or excessive documents to establish work authority violated the anti-discrimination provision of the Immigration and Nationality Act (INA).
In addition to ending its impermissible document requests and modifying its employment eligibility verification process, Farmland has agreed to pay $290,400 in civil penalties, the highest civil penalty paid through settlement since enactment of the INA’s anti-discrimination provision in 1986. Farmland also agreed to monitoring and reporting provisions, as well as training for their human resources personnel.
“The Justice Department is committed to protecting the right of all work-authorized employees, regardless of their citizenship or immigration status, to work without having to overcome extra and discriminatory hurdles during the hiring process,” said Thomas E. Perez, the Assistant Attorney General in charge of the Civil Rights Division. “We are pleased to have reached this agreement, and we will continue to rely upon both public education and focused enforcement to prevent and deter employers from engaging in discriminatory I-9 practices. ”
Monday, August 22, 2011
WASHINGTON — The Justice Department today reached a settlement with Farmland Foods Inc., a major producer of pork products in the United States, resolving allegations that it engaged in a pattern or practice of discrimination by imposing unnecessary and excessive documentary requirements on non-U.S. citizens and foreign-born U.S. citizens when establishing their authority to work in the United States. Farmland Foods, a subsidiary of Smithfield Foods Inc., is headquartered in Kansas City, Mo. The settlement resolves the lawsuit between the United States and Farmland filed in June 2011.
The lawsuit, initiated by the Civil Rights Division’s Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC), was based on an OSC investigation revealing that Farmland required all newly hired non-U.S. citizens and some foreign-born U.S. citizens at its Monmouth, Illinois plant to present specific and, in many cases, extra work-authorization documents beyond those required by federal law. In the case of non-U.S. citizens, Farmland required the presentation of a specific work-authorization document issued by the Department of Homeland Security, such as a permanent resident card or an employment authorization document, rather than allowing the employee to choose which document(s) to present from the list of acceptable documents on the Employment Eligibility Verification Form I-9. Farmland also required additional work authorization documents, generally by requiring social security cards, even when employees had already produced other documents establishing work authority. In the case of foreign-born naturalized U.S. citizens, Farmland sometimes required evidence of citizenship, such as certificates of naturalization or U.S. passports, even when those individuals had other means of proving their work authority. Farmland’s demand for specific or excessive documents to establish work authority violated the anti-discrimination provision of the Immigration and Nationality Act (INA).
In addition to ending its impermissible document requests and modifying its employment eligibility verification process, Farmland has agreed to pay $290,400 in civil penalties, the highest civil penalty paid through settlement since enactment of the INA’s anti-discrimination provision in 1986. Farmland also agreed to monitoring and reporting provisions, as well as training for their human resources personnel.
“The Justice Department is committed to protecting the right of all work-authorized employees, regardless of their citizenship or immigration status, to work without having to overcome extra and discriminatory hurdles during the hiring process,” said Thomas E. Perez, the Assistant Attorney General in charge of the Civil Rights Division. “We are pleased to have reached this agreement, and we will continue to rely upon both public education and focused enforcement to prevent and deter employers from engaging in discriminatory I-9 practices. ”
Monday, August 22, 2011
REGAL BELOIT CORPORATION SETTLES WITH DOJ IN ANTITRUST CASE
The following is an excerpt from the Department of Justice website:
Wednesday, August 17, 2011
"WASHINGTON – The Department of Justice announced today that it has reached a settlement that will require Regal Beloit Corporation (RBC) to divest its U.S. business for electric motors for pool and spa pumps to SNTech Inc. and to divest A.O. Smith Corporation’s (AOS) development work and related assets for draft inducers for high-efficiency furnaces to Revcor Inc., in order to proceed with RBC’s acquisition of AOS’s electric motor business. The department said that without the divestitures the acquisition would lead to higher prices, lower quality products, less customer service and less innovation in each of these markets.
The department said that the acquisition, as originally proposed, would combine two of the three leading suppliers of electric motors for pool and spa pumps in the United States. The acquisition also would have eliminated the most likely entrant into the market for draft inducers for furnaces with a thermal efficiency of 90 percent or greater (90+ draft inducers), a market in which RBC has a near monopoly.
The Department of Justice’s Antitrust Division filed a civil antitrust lawsuit today in U.S. District Court for the District of Columbia to block the proposed acquisition. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the competitive concerns alleged in the lawsuit.
“The acquisition as originally proposed would have lessened the vigorous competition that currently exists among manufacturers of electric motors for pool and spa pumps resulting in higher prices and lower quality products,” said Sharis A. Pozen, Acting Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. “The acquisition also would have eliminated the firm best positioned to challenge Regal Beloit Corporation’s dominance in the market for draft inducers for high-efficiency furnaces.”
The department’s complaint alleges that the proposed acquisition would eliminate the significant competition between RBC and AOS in the already highly concentrated markets for electric motors for pool and spa pumps in the United States. The complaint also alleges that the proposed acquisition would eliminate the potential competition from AOS in the 90+ draft inducer market, in which RBC has a near monopoly.
The proposed settlement requires RBC to divest the assets used to design, manufacture and sell RBC motors used in pool and spa pump applications. The department has concluded that SNTech will integrate the divestiture assets into its current operations to create a viable competitor in the markets for electric motors for pool and spa pumps. The proposed settlement also requires that RBC divest the assets necessary to continue the design and development of AOS’s 90+ draft inducers. The department concluded that Revcor will integrate the divestiture assets into its current operations and replace the potential competition lost by RBC’s acquisition of AOS’s electric motor business. The divestitures to SNTech and Revcor will remedy the competitive concerns alleged in the complaint.
Electric motors sold for use in pool and spa pumps must be uniquely engineered and assembled to meet the size and performance specifications of the individual pump. In addition to size and energy efficiency, specification variables include the capacity of the impeller, speed, current/voltage, whether the motor is operated continually or sporadically, and whether the pump has more than one speed of operation.
Furnace draft inducers are specialized blowers for the movement of air and the expulsion of hot combustion gases produced by gas-fired furnaces. They perform an important safety function by extracting harmful combustion gases and venting those gases outside. Furnaces are classified according to their thermal efficiency, which is the percentage of energy used to heat the air and that is not lost with the vented combustion gases. Draft inducers are designed for the specific thermal efficiency of each furnace. More modern furnaces with higher thermal efficiency, typically referred to as 90 percent thermal efficiency or 90+, use draft inducers based on more advanced technology.
RBC, headquartered in Beloit, Wis., manufactures mechanical and electrical motion control and power generation products. RBC had revenues of approximately $2.2 billion in 2010.
AOS, headquartered in Milwaukee, is made up of two operating units: the water products business and the electric motor business. AOS is one of North America’s largest manufacturers of electric motors for residential and commercial applications. In 2010, AOS had revenues of approximately $1.5 billion, with approximately $700 million of that amount from electric motors and related products.
SNTech, headquartered in Phoenix, manufactures low-cost smart electric motors used in air moving applications.
Revcor, headquartered in Carpentersville, Ill., manufactures air moving products, including blowers and fans.”
Wednesday, August 17, 2011
"WASHINGTON – The Department of Justice announced today that it has reached a settlement that will require Regal Beloit Corporation (RBC) to divest its U.S. business for electric motors for pool and spa pumps to SNTech Inc. and to divest A.O. Smith Corporation’s (AOS) development work and related assets for draft inducers for high-efficiency furnaces to Revcor Inc., in order to proceed with RBC’s acquisition of AOS’s electric motor business. The department said that without the divestitures the acquisition would lead to higher prices, lower quality products, less customer service and less innovation in each of these markets.
The department said that the acquisition, as originally proposed, would combine two of the three leading suppliers of electric motors for pool and spa pumps in the United States. The acquisition also would have eliminated the most likely entrant into the market for draft inducers for furnaces with a thermal efficiency of 90 percent or greater (90+ draft inducers), a market in which RBC has a near monopoly.
The Department of Justice’s Antitrust Division filed a civil antitrust lawsuit today in U.S. District Court for the District of Columbia to block the proposed acquisition. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the competitive concerns alleged in the lawsuit.
“The acquisition as originally proposed would have lessened the vigorous competition that currently exists among manufacturers of electric motors for pool and spa pumps resulting in higher prices and lower quality products,” said Sharis A. Pozen, Acting Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. “The acquisition also would have eliminated the firm best positioned to challenge Regal Beloit Corporation’s dominance in the market for draft inducers for high-efficiency furnaces.”
The department’s complaint alleges that the proposed acquisition would eliminate the significant competition between RBC and AOS in the already highly concentrated markets for electric motors for pool and spa pumps in the United States. The complaint also alleges that the proposed acquisition would eliminate the potential competition from AOS in the 90+ draft inducer market, in which RBC has a near monopoly.
The proposed settlement requires RBC to divest the assets used to design, manufacture and sell RBC motors used in pool and spa pump applications. The department has concluded that SNTech will integrate the divestiture assets into its current operations to create a viable competitor in the markets for electric motors for pool and spa pumps. The proposed settlement also requires that RBC divest the assets necessary to continue the design and development of AOS’s 90+ draft inducers. The department concluded that Revcor will integrate the divestiture assets into its current operations and replace the potential competition lost by RBC’s acquisition of AOS’s electric motor business. The divestitures to SNTech and Revcor will remedy the competitive concerns alleged in the complaint.
Electric motors sold for use in pool and spa pumps must be uniquely engineered and assembled to meet the size and performance specifications of the individual pump. In addition to size and energy efficiency, specification variables include the capacity of the impeller, speed, current/voltage, whether the motor is operated continually or sporadically, and whether the pump has more than one speed of operation.
Furnace draft inducers are specialized blowers for the movement of air and the expulsion of hot combustion gases produced by gas-fired furnaces. They perform an important safety function by extracting harmful combustion gases and venting those gases outside. Furnaces are classified according to their thermal efficiency, which is the percentage of energy used to heat the air and that is not lost with the vented combustion gases. Draft inducers are designed for the specific thermal efficiency of each furnace. More modern furnaces with higher thermal efficiency, typically referred to as 90 percent thermal efficiency or 90+, use draft inducers based on more advanced technology.
RBC, headquartered in Beloit, Wis., manufactures mechanical and electrical motion control and power generation products. RBC had revenues of approximately $2.2 billion in 2010.
AOS, headquartered in Milwaukee, is made up of two operating units: the water products business and the electric motor business. AOS is one of North America’s largest manufacturers of electric motors for residential and commercial applications. In 2010, AOS had revenues of approximately $1.5 billion, with approximately $700 million of that amount from electric motors and related products.
SNTech, headquartered in Phoenix, manufactures low-cost smart electric motors used in air moving applications.
Revcor, headquartered in Carpentersville, Ill., manufactures air moving products, including blowers and fans.”
Sunday, August 21, 2011
MINING CEO IS NOW A FUGITIVE: ALLEGEDLY DUMPED WASTES CONTAINING ARSENIC AND LEAD
The following is an excerpt from the Environmental Protection Agency website:
"Peter Martin Kuhn Added to EPA Fugitive List
WASHINGTON – Peter Martin Kuhn, former president and Chief Executive Officer of French Gulch Nevada Mining Corporation and Bullion River Gold Corporation, has been added to the U.S. Environmental Protection Agency’s (EPA) fugitive list for failing to surrender to federal law enforcement authorities after he was indicted for his role in a conspiracy to illegally dispose of mining wastes containing hazardous concentrations of arsenic and lead. Exposure to arsenic can cause partial paralysis, blindness, and cancer and exposure to lead can affect kidney function, and cause reproductive and developmental issues. A warrant has been issued for his arrest.
“EPA is serious about enforcing the nation’s environmental laws to protect public health. Those who are charged with violating the law must have their guilt or innocence determined in a court of law,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The public can help EPA by reporting any information they have on the whereabouts of Mr. Kuhn on EPA’s fugitive website or to local law enforcement.”
Kuhn allegedly engaged in a conspiracy to illegally dispose of hazardous mining wastes by dumping the waste onto a hillside and county road surrounding the mine, which included public lands owned by the Bureau of Land Management, and on at least one occasion, into a nearby stream.
On July 1, 2010, the federal grand jury in the Eastern District of California returned an indictment charging Kuhn with one count of conspiracy and aiding and abetting, one count of depredation against United States property, two counts of false statements, and one count of negligent discharge of a pollutant into a water of the United States. An indictment is merely an allegation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Kuhn faces a possible 20 year imprisonment.
Launched in December 2008, EPA’s fugitive list website contains information about individuals who have failed to turn themselves in after having been indicted and charged with or convicted of violating environmental laws or associated violations of the U.S. Criminal Code. The website also shows the public how to contact EPA if they have information about a fugitive’s identity or location.
To date, information from citizens or law enforcement organizations have assisted in the arrest or capture of five fugitives and the surrender of two others. Of the seven former fugitives, five have been sentenced, one is awaiting sentencing, and one had charges dismissed after the trial ended in a hung jury. With the addition of Peter Kuhn, there are currently 18 fugitives on EPA’s fugitive list.”
"Peter Martin Kuhn Added to EPA Fugitive List
WASHINGTON – Peter Martin Kuhn, former president and Chief Executive Officer of French Gulch Nevada Mining Corporation and Bullion River Gold Corporation, has been added to the U.S. Environmental Protection Agency’s (EPA) fugitive list for failing to surrender to federal law enforcement authorities after he was indicted for his role in a conspiracy to illegally dispose of mining wastes containing hazardous concentrations of arsenic and lead. Exposure to arsenic can cause partial paralysis, blindness, and cancer and exposure to lead can affect kidney function, and cause reproductive and developmental issues. A warrant has been issued for his arrest.
“EPA is serious about enforcing the nation’s environmental laws to protect public health. Those who are charged with violating the law must have their guilt or innocence determined in a court of law,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The public can help EPA by reporting any information they have on the whereabouts of Mr. Kuhn on EPA’s fugitive website or to local law enforcement.”
Kuhn allegedly engaged in a conspiracy to illegally dispose of hazardous mining wastes by dumping the waste onto a hillside and county road surrounding the mine, which included public lands owned by the Bureau of Land Management, and on at least one occasion, into a nearby stream.
On July 1, 2010, the federal grand jury in the Eastern District of California returned an indictment charging Kuhn with one count of conspiracy and aiding and abetting, one count of depredation against United States property, two counts of false statements, and one count of negligent discharge of a pollutant into a water of the United States. An indictment is merely an allegation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Kuhn faces a possible 20 year imprisonment.
Launched in December 2008, EPA’s fugitive list website contains information about individuals who have failed to turn themselves in after having been indicted and charged with or convicted of violating environmental laws or associated violations of the U.S. Criminal Code. The website also shows the public how to contact EPA if they have information about a fugitive’s identity or location.
To date, information from citizens or law enforcement organizations have assisted in the arrest or capture of five fugitives and the surrender of two others. Of the seven former fugitives, five have been sentenced, one is awaiting sentencing, and one had charges dismissed after the trial ended in a hung jury. With the addition of Peter Kuhn, there are currently 18 fugitives on EPA’s fugitive list.”
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