Plea Agreement : U.S. v. Anchor Industrial Products, Inc.

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(g)to appeal the imposition of sentence against it.AGREEMENT TO PLEAD GUILTYAND WAIVE CERTAIN RIGHTS2. Anchor waives the rights set out in Paragraph 1(b)-(g) above.Pursuant to Rule 7(b), Fed. R. Crim. P., Anchor will waive indictment and pleadguilty pursuant to Fed. R. Crim. P. 11(e)(1)(C) to a one-count Information, to befiled in the United States District Court for the Eastern District of Pennsylvania.The Information will charge the defendant with participating in a conspiracy tosuppress and eliminate competition by fixing the price of carbon cathode block, asdefined in the Information, that was sold in the United States and elsewhere,beginning at least as early as February 1996 and continuing until at leastDecember 1997 in violation of the Sherman Antitrust Act, 15 U.S.C. § 1.3. Pursuant to the terms of this Plea Agreement, Anchor will plead guiltyat arraignment to the criminal charge described in Paragraph 2 above.FACTUAL BASIS FOR OFFENSE CHARGED4. Had this case gone to trial, the United States would have presentedevidence to prove the following facts.(a)For purposes of this Plea Agreement, the “relevant period” isthat period beginning at least as early as February 1996 and continuing until atleast December 1997. Throughout the relevant period, Anchor, formerly HepworthRefractories, Inc., was a corporation organized and existing under the laws of thestate of Ohio, and was engaged in the sale of carbon cathode block in the UnitedStates.2
(b)During the relevant period, the defendant, through its directors,officers, employees, and representatives, participated in a conspiracy among themajor producers of carbon cathode block, the primary purpose of which was to fixthe price of carbon cathode block sold in the United States and elsewhere. Infurtherance of the conspiracy, the defendant, through several of its directors,officers, employees, or representatives, engaged in conversations and attendedmeetings with representatives of the other major sellers of carbon cathode block.During such meetings and conversations, agreements were reached as to the pricesthe firms would charge for carbon cathode block sold in the United States andelsewhere.(c)During the relevant period, carbon cathode block sold by one ormore of the conspirator firms, as well as payments therefor, traveled in interstateand foreign commerce. The business activities of the defendant and theco-conspirators in connection with the production and sale of carbon cathode blockaffected by this conspiracy were within the flow of, and substantially affected,interstate and foreign trade and commerce.(d)Activities related to the sale of substantial quantities of carboncathode block affected by this conspiracy were conducted by one or more of theconspirator companies in the Eastern District of Pennsylvania.POSSIBLE MAXIMUM SENTENCE5. Anchor understands that the maximum penalty which may be imposedagainst it upon conviction for a violation of the Sherman Antitrust Act is a fine in3
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Plea Agreement : U.S. v. Anchor Industrial Products, Inc.

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