Just wanted to clarify that you were not accurate in your note describing the recent Antitrust Complaint as "just a letter" to the Department of Justice.
It was not a letter. It was a formal 22 page Antitrust Complaint filed by 94 citizens of New York, Vermont, California, and Maryland alleging numerous intentional violations of the Sherman Antitrust Act. These violations are serious and obvious (the Act calls them "per se" violations), and cannot be easily refuted. The Complaint was accepted by the DOJ and referred for review. If they decide to move forward, the FBI will conduct the investigation.
Since the filing, we have had calls from Illinois, Pennsylvania, Vermont, and Maine, and we anticipate that additional Complaints will be filed over the next few weeks.
If this was "just a letter", why would I now have requests from wind energy law firms (including Alston and Bird) for copies of the Complaint? They did not ask for a "copy of the letter", they asked for a "copy of the Complaint". If Alston and Bird is taking this seriously perhaps UPC should as well.
You just may want to check with an attorney to determine if you might have any personal liability regarding this matter. As you saw in the Press Release, violators of the Sherman Antitrust Act can receive both fines and jail terms. Better to be safe than sorry.
It is our understanding (see the Department of Justice website) that the Department will treat more leniently individuals who report their own involvement in antitrust violations, in exchange for their full cooperation. Here is a direct quote from DOJ:
"Under the Antitrust Division's amnesty program, companies and individuals may approach the Division and apply for a pass from criminal prosecution if they are the first to come forward and fully cooperate."
Who will be the "first to come forward""? Will this lucky person be from Everpower, Ecogen, UPC, BP Alternative Energy, Babcock and Brown, Community Energy, Goldman Sachs, Invenergy AES, Evergreen, Clipper, Global, or Horizon? What about all of the Lead Agencies, the crooked town officials, and the hundreds of consultants? So many possibilities, but only one Get Out Of Jail Free Card, for the first to come forward.
There are other conditions associated with Amnesty Applicants as well. Your personal attorney would be the proper person to advise you on such matters.
Or you could send any questions regarding liability to askDOJ@usdoj.gov, or simply call them at 1-888-647-3258. They are very helpful people. They are also very committed and dedicated people who take allegations such as ours quite seriously.
Brad Jones
PerformancePlus Business Consultants
3996 Donley Road
Naples NY 14512
585 233 8539 (Cell)
585 374 2627 (Office)
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