UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DNISION UNITED STATES OF AMERICA v. TODD M. MAR.

KEY, Defendant.

1
) Criminal No.: ) ) Violation: 18 U.S.C. § 371
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1
)

INFORMATION

JUDGE O'MALLEY --: MAG . I r l n M ~ H A ~ ~ & ~~

The United States of America, acting through its attorneys, charges: CONSPIRACY (18 U.S.C. 4 371) 1.

Todd M. Markey is hereby made a defendant on the charge stated below.

I. DEFENDANT AND CO-CONSPIRATORS
At all times material to this Information: 2. Defendant Markey was chief operating officer of a company in the business of

manufacturing and selling slats for window blinds. Slats are the louvers of window blinds that can be adjusted to let in more or less light. The Defendant's employer sold slats to fabricators and others. A fabricator makes slats into complete window blind units. 3. Co-conspirator Mario Cadorette was president of the company Defendant was

employed by, and the Defendant reported to him. 4. Various individuals and companies, not made defendants in this Information,

participated as co-conspirators in the offense charged in this Information and performed acts and made statements in furtherance of it.
5.

Whenever in this Information reference is made to any act, deed, or transaction of

any corporation, the allegation means that the corporation engaged in the act, deed, or transaction by or through its officers, directors, agents, employees, or other representatives while they were actively engaged in the management, direction, control, or transaction of its business or affairs. II. THE CONSPIRACY AND ITS OBJECTS

6.

From April 2002 to on or about July 9,2002, the exact dates being unknown to

the United States, in the Eastern Division of the Northern District of Ohio and elsewhere, the Defendant did knowingly combine, conspire, confederate, and agree with others to commit the following offense against the United States, namely, having knowingly devised and intending to devise a scheme and artifice to defraud as to a material matter, and for obtaining money and property by means of materially false and fraudulent pretenses, representations, and promises, and for the purpose of executing the scheme and artifice to defraud, transmitted and caused to be transmitted writings, signals, and sounds, by means of wire communication in interstate and foreign commerce, in violation of Title 18, United States Code, Section 1343. III. MANNER AND MEANS OF THE CONSPIRACY
7.

It was a part of the conspiracy that the Defendant and co-conspirators would and

did knowingly devise and intend to devise a scheme and artifice to defraud slats customers of money and the right to free and open competition in the pricing of slats by secretly fixing at noncompetitive and collusive levels the prices charged for slats (hereinafter "price-fixing scheme"). 8. It was further a part of the conspiracy that the Defendant and co-conspirators

would and did participate in an international telephone conference call during which there was discussion of the need to increase prices for slats and the need to obtain the agreement of the slats

manufacturers that were their competitors to raise their prices.
9.

It was further a part of the conspiracy that the Defendant and co-conspirators

would and did make and agree on assignments to contact specific competitors. 10. It was further a part of the conspiracy that the Defendant and co-conspirators

would and did cause the placing of, and would and did participate in, interstate telephone calls with competitors to convince them to take part in the price-fixing scheme.

IV. OVERT ACTS
11.

In furtherance of the conspiracy and to effectuate the illegal objects thereof, the

Defendant and co-conspirators committed the following overt acts, among others, in the Northern District of Ohio and elsewhere. a. During an international conference call on or about April 22 - 25,2002,

the Defendant and co-conspirators agreed on a price-fixing scheme whereby they would secretly convince competitors to increase slats prices by eight percent.

b.

During that conference call, with co-conspirator Mario Cadorette taking

the lead, the Defendant and co-conspirators agreed to contact their competitors to convince them to take part in the price-fixing scheme. c. During that conference call, co-conspirator Mario Cadorette gave

assignments to contact specific competitors, which were agreed upon by the Defendant and co-conspirators. d. Beginning shortly after that conference call, the Defendant and

co-conspirators made a series of contacts with their competitors, including interstate telephone calls, to convince them to take part in the price-fixing scheme.

V. JURISDICTION AND VENUE
12.

The conspiracy charged in this Information was carried out, in part,

within the Northern District of Ohio within the five years preceding the filing of this Information,
excluding the period during which the statute of limitations has been suspended pursuant to the two attached agreements with the Defendant, each titled "Agreement Between The United States of America md Todd M. Markey Regarding Statute of Limitations" (Attachments 1 and 2). In furtherance.of the conspiracy, interstate calls were made between a location in Houston, Texas anda location witbin this district within the five years preceding the filing of the Information, excluding the period during which the statute of limitations has been suspended pursuamt to the attached agreements with the Defendant.

All in violation of Title 18, United States Code, Section 371. DATED:

7

Assistant Attorney General

Chief, Cleveland Office
.-

I
SCOTT D. HAMMOND Deputy Assistant Attorney General

MARC SIEGEL Director of Criminal Enforcement Antitrust Division U.S. Department of Justice

DONALD M. LYON (19207-WA)

/

Northern District of Ohio

Attorneys, Antitrust Division U.S. Department of Justice Carl B. Stokes U.S. Courthouse floor 801 W. Superior Ave., 14'~ Cleveland, OH 441 13-1857 Tel: (216) 687-8446 Fax: (216) 687-8432 E-mail: william.oberdick@usdoi .aov

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A,semetat

Between Tljc United Stales ofAmerka and Todd M.Mwkey Rega~ding Statute OfLhifations

REAS AS, the United States has bwn conducting an investigation into possible vialatiom of the Sherman Act (15 U.S.C. 1). arid Conspiracy (18 U S . C 4 3 1 . Mail Fraud (IS $ 7) U.S.C. 4 1341). Wire b u d (18 U.S.C. 13431, ar~d fj Aiding and Abetling (1 S U.SzC.2 ) Ij caruta, involving the sale of wsiadow blinds md slats (the vartical ol*horizontal louven i n blcnds) by window blinds compmes 1 Narth America (hereinafter referred to 9s "subjec~ n acts"); and
W , R r E A S ,the United States has indicated that it may seek to obtain an indrctment agdnst Todd M.Markey fur violations af federal criminal l w s based upon subject acts; and

WHERl2AS, it is in the m t o ~ s ofboth t l s ~ r United States and Todd M.Markq that nego5arionc c o n h e in an attempt to resolve the cbarges that the United States has indicated it r a y seek agmst Todd . p U Mnrkey without resort to yl itrdidment; and

&WEREAS, it is contcmpltiTed that such negotiationswill take at Isat several weeks to cfJmpletq
NOW THEREFORE, the United Stntes hereby agrees that, prior ro May I S , 2007, a will nor brh,a charges or seek an indictment against Todd M.Markey f i r violahons of federal cLmnirrd laws Sascd upon subject acts, md Todd M. ,MPrltey agrees taat the time prtiod :onnna~&g §om the dete of the execution hereof through Moty IS, 2007 shail be excluded from m calculation or computation of time for the purposes of any StaNtc oflirnitatims applicable to y the potmtial .charges referred ro above; provided, however, that nothing i this Agreemeat sk!l n operate tro revive an'y dfztiute of limitations p d o d which is or might be applicable to any such charges and whch had otherwise e q i r d as to such charges. prior to "hedate of this Ageenitat. By e~!lterfng Ageemsnt, Tadd M.Markey does not waive any M n a it may have to such &is es chwges, inciuding any deftme b s e d upon m applicable statute oflhitations, except that the y period tolled by this Agreement must be excluded fium any camput-ationof time in cannectiaa wth any SU& ddeme based upon a statute of limitations p$od which had not expixed as of the dice of this Agreement.
Nothing C O & ~ & E ~ in this Agreement shal! constitute o be consuueb as an admission by r Todd M-M m k q of any critninal liability ororwrolzgdoing with rwpecr t the matters d e r o i~vestigarion the W t e d States s refemd to above. Except as may be rendsred necessary ta by aforce the t e r n of this Agreement itstself:this Agreema shall not bs introduced i n t ~ evideme for m y purpose in any criminal proceeding which may hereafterbe bstituted by the United %Utes aganst Todd M Markey .

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Caunrd for Todd b . E S Q . ~ I ; I ~ ~ ~ X ~ I

Attorneys, Antitnut Divleicrfi U.S. DepJJlmtnt afJustice Carl B.Stokes U.S Cotd,~ House 801 W Superjor Ate,, idch l w r F Clevelanc, Ohio 4-4113-1857 Telep'n~n~: 16) 687-8446 (2 Fsx: (216'1 687-8423

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