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Defending the Criminal Antitrust Action (From White Collar Crime: Business and Regulatory Offenses, P 1-1, 1-31, 1990, Otto G. Obermaier and Robert G. Morvillo, eds. - See NCJ-126261)

NCJ Number
P B Galvani; P J O'Donnell; W L Patton
Date Published
31 pages
Pre-indictment activities, pre-trial motions, pleas and plea bargaining, multiple representation, and sentencing are the major components involved in defending companies and individuals from antitrust actions as defined in the Sherman and Robinson-Patman Acts; court and Justice Department perspectives on each component are discussed. The investigations of possible violations stem from complaints filed by consumers, competitors, disgruntled co-conspirators, pre-merger filing data, trade publications, or the Justice Department.
The Civil Investigatory Demand (CID), which describes the alleged violation with definiteness and certainty, precedes criminal actions against a defendant. The next preliminary step in the pre-indictment process is the grand jury investigation; only a grand jury may return a felony indictment against an individual. Pre-trial motions that may be made by the defense include defects in the institution of the prosecution, motions to suppress evidence, requests for discovery, and requests for severance. Although it is the policy of the Justice Department not to plea bargain, reduction of charges are possible, however, at least one Sherman Act count will always be retained. Multiple representation is one way to avoid conflict-free representation, which could provide grounds for a collateral attack on any subsequent conviction. Finally, antitrust guidelines and alternative sentences often influence court dispositions of offenders. 137 notes.