Case Details

Year Initiated/Committed

1988

Year Resolved

1988

Lead State

UT

Participating States

Defendant(s)

Thompson, Michael; Fletcher, Brent; Conklin, Bruce; Ziemski, Michael

Offenses

Bribery, racketeering, collusion, conspiracy, group boycott with the intent to eliminate competition

Sentence Imposed

$25,000 criminal fine; forfeiture of business interests in security companies

Case Description

According to the State, the defendatns were all part of an elaborate scheme to collude and conspire to restrict competition for security services for Utah Power and Light. L. Brent Fletcher, an employee of UP&L, was responsible fo rcontracting and management of security services for UP&L frm 1976 to 1984. During that time, defendatns Michael Wall, Bruce Conklin and Michael Ziermski created a shell company that provided Fletcher with bribes in order to win security contracts. Thompson was sentenced to serve one to fifteen years in Utah State Prison, Conklin and Ziemski were oth sentenced to serve one year on work release in the Salt Lake County Jail. Each was fined $25,000 for the antitrust violations, and based on the racketerring charges, the court ordered forfeitures of all business interests of each of the defendatns in the security companies involved in the case. The Utah Court of Appeals ruled that under the Utah Antitrust Act, a vertical boycott was a per se criminal violation. The case was reversed on appeal to the Utah Supreme Court on other grounds, 810 P.2d 415 (Utah 1991).