For many reasons, international cartels cases have all but disappeared. The increased collateral effects of seeking Leniency is a major reason. There are many potential whistleblowers in the cartel pond, yet rarely does an insider come forward (The DOJ has an Individual Leniency Policy that has rarely been used). To illustrate why an individual whistleblower
Cartel Capers
Blog Authors
Latest from Cartel Capers
DOJ Fugitive Page (And the Fugitive Disentitlement Doctrine)
By Bob Connolly
Recently the Justice Department’s Antitrust Division and the FBI jointly announced the launch of a new online portal for information on international fugitives who have been charged with antitrust offenses and other crimes affecting the competitive process. There are 77 fugitives on the list. As the press release notes,…
What If There Was No Per Se Rule in Criminal Cases?
By Bob Connolly
The Supreme Court has now denied cert in three different challenges to the per se rule in criminal antitrust cases, the latest being the denial of the cross-cert petition by Brent Brewbaker. It is unlikely that a Court of Appeals will overturn the per se rule given the extensive precedent—although it is not impossible. …
Compliments to the Procurement Collusion Strike Force (and a trip down memory lane)
By Bob Connolly
The Antitrust Division of the USDOJ recently celebrated the Fifth Anniversary of the Procurement Collusion Strike Force. The event, held at the Great Hall of the Department of Justice, featured speeches by Assistant Attorney General Jonathan Kantor and Strike Force Director Dan Glad (here). “Since its inception…
Supreme Court Set To Make Cert Decision On Per Se Battle
By Bob Connolly
On February 1, 2022, Brent Brewbaker, a former executive of Contech Engineered Solutions LLC was convicted by a jury for his participation in bid-rigging and fraud schemes targeting the North Carolina Department of Transportation (NCDOT). The conviction seemed an unremarkable event at the time. “Evidence showed that Brewbaker instructed a co-conspirator to submit non-competitive…
Brewbaker Strikes Back: The DOJ’s Per Se “Death Star” Attacked
By Bob Connolly
No jail sentences were imposed on individual defendants convicted in the 1940 Supreme Court case of United States v. Socony Vacuum Oil Co. The individuals were each fined $1,000. In 2014, Romano Pisciotti, an Italian citizen, was indicted under seal for violating Section One of the Sherman Act, seized by Interpol while changing…
DOJ Filed Cert Petition in United States v. Brewbaker
By Bob Connolly
The Department of Justice has filed a cert petition (here) asking the Supreme Court to reverse a Fourth Circuit decision which held that a bid rigging scheme was not a per se violation where the competing bidders also had a vertical relationship. In United States v. Brewbaker, 87…
A Modest Proposal—Antitrust Division Special Counsel for Whistleblower
By Bob Connolly
There has been a series of announcements by the Department of Justice of pilot programs designed to lure “insiders” to expose crimes, particularly financial crimes. The first announcement was a new Whistleblower Pilot Program to financially reward whistleblowers in certain circumstances. See DOJ Announces New Whistleblower Pilot Program, Cartel Capers, March 14, 2024. More…
DOJ Announces New Whistleblower Incentive Pilot Program—Here’s Hoping the Antitrust Division Gets In On The Action
By Adminccapers
Deputy Assistant Attorney General Lisa O. Monaco gave the keynote speech at the recent ABA Annual White Collar Institute, and announced a new DOJ Program to incentivize individuals with knowledge of corporate financial crimes to come forward. Video here; Print copy here. Currently, the DOJ is authorized to pay awards for information or assistance…
All I Want for Christmas….
By Adminccapers
All I want for Christmas is a criminal antitrust whistleblower statute. The SEC, CFTC and other enforcement agencies charged with uncovering and prosecuting financial fraud have had another strong year thanks to their whistleblower programs. These agencies sing the praises of their reliance on whistleblowers to uncover illegal schemes. It is not difficult to understand…