Scribd
Upload
126 views4 pages

Criminal No.: 95CR1065 (MGC) Filed: (12/14/95)

This document is an information charging Harvey Shayew with violating the Sherman Act by engaging in a conspiracy to rig bids and allocate contracts for the supply of display materials awarded by Heublein, Inc. from 1989 to 1991. Specifically, it alleges that Shayew and co-conspirators designated which supplier would be the low bidder and arranged for higher non-competitive bids to be submitted to Heublein. If convicted, Shayew faces charges for his role as the owner and president of a display materials broker that obtained approximately $810,000 in contracts from Heublein as a result of the conspiracy. The document was filed in the United States District Court for the Southern District of New York.

Uploaded by

legalmatters
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
126 views4 pages

Criminal No.: 95CR1065 (MGC) Filed: (12/14/95)

This document is an information charging Harvey Shayew with violating the Sherman Act by engaging in a conspiracy to rig bids and allocate contracts for the supply of display materials awarded by Heublein, Inc. from 1989 to 1991. Specifically, it alleges that Shayew and co-conspirators designated which supplier would be the low bidder and arranged for higher non-competitive bids to be submitted to Heublein. If convicted, Shayew faces charges for his role as the owner and president of a display materials broker that obtained approximately $810,000 in contracts from Heublein as a result of the conspiracy. The document was filed in the United States District Court for the Southern District of New York.

Uploaded by

legalmatters
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 4

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

- - - - - - - - - - - - - - - - - - x

UNITED STATES OF AMERICA : Criminal No.: 95CR1065(MGC)

v. : Filed: [12/14/95]

HARVEY SHAYEW, : Violation:

: 15 U.S.C. §1
Defendant.
- - - - - - - - - - - - - - - - - - x Judge: Cedarbaum

INFORMATION

The United States of America, acting through its attorneys,

charges:

DESCRIPTION OF THE OFFENSE

1. Harvey Shayew ("Shayew") is hereby made a defendant on the

charge stated below.

2. Beginning in approximately 1989 and continuing until mid-

1991, the exact dates being unknown to the United States, the

defendant and co-conspirators engaged in a combination and

conspiracy in unreasonable restraint of interstate trade and

commerce in violation of Section 1 of the Sherman Act (15 U.S.C.

§1).

3. The aforesaid combination and conspiracy consisted of an

agreement, understanding, and concert of action among the defendant

and co-conspirators, the substantial terms of which were to rig

bids and allocate contracts for the supply of display materials

1
awarded by Heublein, Inc.

4. For the purpose of forming and effectuating the aforesaid

combination and conspiracy, the defendant and co-conspirators did

those things which they combined and conspired to do, including,

among other things:

(a) designating which supplier of display materials would

be the low bidder on contracts awarded by Heublein, Inc.; and

(b) arranging for one or more higher, noncompetitive price

quotations or bids from other suppliers to be submitted to

Heublein, Inc.

DEFENDANT AND CO-CONSPIRATORS

5. Shayew resides in Bay Shore, New York. From approximately

1986 to the present, Shayew has been the owner and president of

Harvey Shayew, Inc., ("HSI"), a broker of point-of-purchase display

materials now located in Bay Shore, New York. During the period

covered by this Information, HSI's major customer was Heublein,

Inc. and Shayew was the company's principal sales representative to

Heublein, Inc.

6. Whenever in this Information reference is made to any act,

deed, or transaction of any corporation, such allegation shall be

deemed to mean that the corporation engaged in such act, deed, or

transaction by or through its officers, directors, agents,

employees, or representatives while they were actively engaged in

the management, direction, control, or transaction of its business

or affairs.

2
7. Various persons and firms, not made defendants herein,

participated as co-conspirators in the offense charged herein and

performed acts and made statements in furtherance thereof.

TRADE AND COMMERCE

8. Display materials are used by many manufacturers, among

them cigarette, consumer health goods, food, liquor and cosmetic

companies, as a means of promoting their products.

9. During the period covered by this Information, Heublein,

Inc., a liquor company headquartered in Farmington, Connecticut,

purchased substantial quantities of display materials from

suppliers located throughout the United States. These purchases

were often made by issuing a contract to a supplier after the

supplier had submitted a written price quotation or bid pursuant to

Heublein's practice to seek at least three competitive bids for

sizable contracts.

10. Between 1989 and mid-1991, the defendant and

co-conspirators obtained a substantial number of contracts for

display materials from Heublein, Inc. as a result of the conspiracy

charged herein. In that same period and as a result of the

conspiracy charged herein, HSI obtained contracts for display

materials from Heublein, Inc. worth approximately $810,000.

11. During the period covered by this Information, the

activities of the defendant and co-conspirators with respect to

the sale of display materials to Heublein, Inc. were within the

flow of, and substantially affected, interstate commerce.

3
DEFINITION

12. "Display materials" means the manufacture, assembly, or

packaging of any printed point-of-purchase display materials,

including but not limited to display stands, posters, banners,

counter cards, or sell sheets, used for the advertising or

promotion of consumer goods, primarily in retail stores.

JURISDICTION AND VENUE

13. The aforesaid combination and conspiracy was formed and

carried out, in part, within the Southern District of New York

within the five years preceding the filing of this Information.

IN VIOLATION OF TITLE 15, UNITED STATES CODE, SECTION 1.

Dated:

"/s/" "/s/"
ANNE K. BINGAMAN REBECCA MEIKLEJOHN
Assistant Attorney General

"/s/" "/s/"
GARY R. SPRATLING STEVEN TUGANDER

"/s/" "/s/"
RALPH T. GIORDANO JULIETTE P. TUGANDER

Attorneys, Antitrust Division


U.S. Department of Justice "/s/"
MICHAEL E. COLE

Attorneys, Antitrust Division


U.S. Department of Justice
26 Federal Plaza, Room 3630
New York, New York 10278
"/s/" (212) 264-0654
United States Attorney
Southern District of New York

You might also like