People of the State of New York v. Lynch, Maggio, Rivera, Wiesner

Defendants, government officials and executives at private companies, engaged in an ongoing bid-rigging scheme to rig the bids o fcertain local development corporation contracts in Monroe County New York. The scheme included funneling contracts to favored entities, creating fake contracts, inflating subcontracts and submitting false invoices. Participants also laundered the proceeds through payments for their personal benefit, payments relating to golf, and political payments.

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People of New York v. Sdao, Indictment # 01125/2012

A former project manager for the New York City Department of Parks & Recreation was convicted of accepting more than $20,000 in bribes to rig Bronx playground contracts. Among other counts, the defendant was charged with two counts of Combination in Restraint of Trade and Competition, a violation of the Donnelly Act. According to the indictment, in his official capacity as a Project Manager for the Parks Department, the defendant provided a particular vendor with copies of the engineer’s estimate for two projects, prior to the date sealed and competitive bids were due. The engineer’s estimate is an internal Parks Department document not intended for distribution to bidders before they submit their bids. In exchange, the defendant agreed to accept a percentage of the contract price if that vendor won the contracts. The defendant was sentenced to 12 weekends in jail and five years of probation and ordered to pay forfeiture of $30,000.

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People v. Doherty et al., No. 04800-2005 (NY Sup. Ct. , Apr. 28, 2008)

A New York County grand jury indicted eight employees of the insurance broker Marsh McLennan, alleging that they colluded with certain insurers to arrange noncompetitive excess casualty bids and conveyed the bids to clients under false pretenses. Two of the former employees were convicted on a single count each of violating the Donnelly Act, New York’s antitrust statute, and were sentenced to 16 weekends in jail and five years probation. The court dismissed twenty other larceny and fraud counts. At least eighteen other people have pleaded guilty to charges stemming from New York’s investigation of the insurance industry. The remainng defendants were acquitted of all charges. In 2010, the trial judge threw out the convictions on the basis of newly-discovered evidence.

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New York v. Rattenni; 179 A.D.2d 691, 578 N.Y.S.2d 257 (N.Y.A.D. 2 Dept. Jan 13, 1992); app. granted 79 N.Y.2d 1053, 596 N.E.2d 418, 584 N.Y.S.2d 1020 (N.Y. May 21, 1992);aff’d, 81 N.Y.2d 166, 613 N.E.2d 155 (1993)

Defendants entered into a customer allocation agreement and agreed to withdraw from each other’s primary market areas in the waste hauling business in parts of New York and Connecticut.

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New York v. Anselment

State charged former officer of non-profit that provided housing and other services to developmentally disabled adults with rigging bids for repair work. The agency received a substantial part of its funding from the state’s Office of Mental Retardation and Developmental Disabilities.

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People v. Schuster, Cir. Ct for Orange Cty, NY

Defendants allegedly submitted sham bids on each others’ electronic auctions on E-Bay, causing consumers to pay more for items on which “shill” bids were made. Defendants pleaded guilty.

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People v. Joseph Weiss

Joseph Weiss was the CEO of Candle Business Systems (See New York v. Candle Bus. Sys. Inc.) He pled guilty to a market allocation scheme with Facsimile Communications in connection wtih copiers sold to the City Board of Education.

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People v. Frangoulis, No. 10443/2000 (N.Y. Sup. Ct., Kings County, Apr. 20, 2001), available at http://www.abanet.org/antitrust/committees/state-antitrust/frangoulis.pdf

Charging criminal antitrust violation, grand larceny, falsifying business records, and offering false instrument for filing. The 16-count indictment charges the defendant with submitting multiple fake bids for housing repair contracts and larceny in connection with contract obtained as a result.

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People v. Abraham No. 449/2002 (N.Y. Sup. Ct., Kings County, Apr. 20, 2001)

Bid rigging in the sale of copiers to the City Board of Education

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People v. Anthony Franze, (N.Y. Ct. N.Y. County, Apr. 2, 2002)

Criminal component of bid-rigging and attempted bribery case in window cleaning services for schools.

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