Case Details

Year Initiated/Committed

1983

Year Resolved

1988

Settlement Amount

$7,830,000

Court

U.S. Court of Appeals for the Second Circuit

Docket Number

86-9080, 87-7028, 87-7068

Lead State

NY

Participating States

NY

Defendant(s)

Hendrickson Brothers, Inc., Amfar Asphalt Corp., Francis Ambrosio, Anthony Farino, Jack Farino, and Lizza Industries, Inc., Pratt & Pratt Inc., James J. Pratt, and Herbert Hochreiter

Case Description

New York sought treble damages and civil penalties, alleging that Defendant construction companies had entered into a conspiracy to “submit collusive, noncompetitive and rigged bids” to the State in connection with several contracts awarded by the State’s Department of Transportation for highway construction in 1977 and 1978. The State further alleged that Amfar, Ambrosio, Farino, Anthony Farino, Lizza, and Hochreiter had conspired to fix prices in connection with highway construction materials purchased by Suffolk County in 1978 and 1979. Following a jury trial in the U.S. District Court for the Eastern District of New York, the Second Circuit Court of Appeals affirmed the jury award of treble damages to the State in the amount of $7,455,000 for rigging the bids on the construction contracts and $375,000 on the defendants who were found guilty of fixing the price of highway construction materials. Each Defendant also was accessed $100 civil penalty for violating New York’s Donnelly Act.