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

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downward departure under the Sentencing Guidelines.9. Subject to the full and continuing cooperation of Anchor described inParagraph 12 of this Plea Agreement, and prior to sentencing in the case, theUnited States will fully advise the Court of the fact, manner, and extent of Anchor’songoing cooperation and its commitment to prospective cooperation with the UnitedStates’s investigation and prosecutions. The United States may comment on theevidence and circumstances of the case, bring to the Court’s attention all factsrelevant to sentencing, address the Court regarding the nature and seriousness ofthe offense, respond to questions raised by the Court, correct inaccuracies in thepresentence report or sentencing record, and rebut any statement made by or onbehalf of the defendant at sentencing.10. The United States and Anchor jointly submit that this PleaAgreement, together with the record that will be created by the United States andthe defendant at sentencing, and the further disclosure described in Paragraph 9 ofthis Plea Agreement, provides sufficient information concerning the defendant, theoffense charged and the defendant’s role in the offense to enable the meaningfulexercise of sentencing authority by the Court under 18 U.S.C. § 3553. The UnitedStates and Anchor will jointly request that the Court accept the defendant’s guiltyplea and impose sentence on the defendant on the day of arraignment, pursuant tothe provisions of Rule 32(b)(1) Fed.R.Crim.P. and U.S.S.G. § 6A1.1. The Court’sdenial of the request to impose sentence immediately based on the record providedby Anchor and the United States will not void this Plea Agreement.6
11. In light of the probability of civil causes of action, which potentiallyprovide for a recovery of a multiple of actual damages, the United States agreesthat it will not seek a restitution order with respect to the offense charged in theInformation.ANCHOR’S COOPERATION12. Anchor and its affiliates (i.e., all Anchor’s parents and all subsidiariesof those parents) will fully and truthfully cooperate with the United States in theprosecution of this case, the conduct of the current federal investigation ofviolations of the federal antitrust and related criminal laws involving the sale ormanufacture of any cathode block products used in the production of primaryaluminum, and any litigation or other proceedings arising or resulting from anysuch investigation to which the United States is a party (“Federal Proceeding”).Such cooperation shall include, but not be limited to:(a)producing to the United States all documents, information andother materials (except documents qualified as privileged under the laws of theUnited States or protected under the work-product doctrine), wherever located, thatare in the possession, custody or control of Anchor and its affiliates, requested bythe United States in connection with any Federal Proceeding; and(b)using their best efforts to secure the ongoing, full and truthfulcooperation of all current and former directors, officers, employees andrepresentatives of Anchor and its affiliates who may have relevant informationconcerning the Government’s continuing investigation of the carbon cathode block7
Page 1 and 2: IN THE UNITED STATES DISTRICT COURT
Page 3 and 4: (b)During the relevant period, the
Page 5: SENTENCING AGREEMENT8. Pursuant to
Page 10 and 11: delivery or facsimile transmission

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

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