ILNews

Conspiracy, false statements convictions stand

Jennifer Nelson
January 1, 2008
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The 7th Circuit Court of Appeals has affirmed the convictions of participating in a price-fixing conspiracy and making false statements to federal law enforcement of an Indianapolis man involved in a concrete price-fixing scheme.

In United States of America v. Christopher A. Beaver, No. 07-1381, Beaver appealed his convictions, arguing the government failed to prove at trial a price-fixing conspiracy existed, that he joined the conspiracy, or that he made false statements.

Beaver, as operations manager of Beaver Materials Corp., was one of several Indianapolis-area ready-made concrete producers who collaborated in the beginning of the decade to fix the prices of concrete. Representatives from the five concrete companies met several times over the course of a few years in a horse barn in Fishers to discuss the falling market value of concrete. No one ever voted on the prices to charge customers, objected to the price-fixing, nor did anyone refuse to impose the limit. In fact, some even stated they would confront a company involved in the scheme if they did not follow the prices.

Beaver began attending the meetings in the place of another Beaver Materials employee and never objected to the scheme.

The FBI received a tip about the scheme and executed search warrants on the five companies in 2004. All the companies and those involved with the scheme except for Beaver and Beaver Materials admitted their roles in the conspiracy and entered into plea agreements. Four representatives from those companies agreed to help the government investigate and said they would answer truthfully at trial if called.

Beaver told the FBI agent that he never attended any meetings in the horse barn, did not know of another employee who attended the meetings, never saw the other companies except at an annual meeting, and denied any price-fixing. Beaver chose to go to trial and was indicted by a federal grand jury of participating in a price-fixing conspiracy and making false statements to a federal law enforcement agent. At trial, Beaver filed a motion for judgment of acquittal, challenging the evidence supporting his price-fixing conspiracy conviction; the District Court denied the motion.

Beaver appealed, arguing that the District Court erred by denying his motion for judgment of acquittal because the government failed to prove a conspiracy existed or that he participated. He also challenged his false-statements conviction by asserting the government failed to prove the lies he told the FBI agent were material as "a matter of law."

To be convicted of conspiracy under the Sherman Antitrust Act, the government only had to establish the concrete producers had a "tacit understanding based upon a long course of conduct" to limit their discounts and fix prices, wrote Judge Michael Kanne. The concrete makers held meetings to discuss fixing prices and discounts and no one disagreed with the proposals. The concrete producers also would enforce the agreement against those they believed were deviating from it. At trial, several concrete-makers involved in the conspiracy testified Beaver attended the meetings, participated in discussions to limit prices, and agreed to confront other members if they failed to conform. Even his own father, who was president of the company, testified he knew Beaver attended the meetings.

Beaver mischaracterized the issue of his false statements as "a matter of law," wrote Judge Kanne, and the materiality of false statements is a factual determination made by a jury. The federal appellate court rejected Beaver's assertion his false statements couldn't influence the FBI's investigation because his attorney sent a letter to the Department of Justice several days later to inform them that one of the employees lied during the investigation. However, the letter doesn't give the name of the employee, so it is not know whom the letter is about. Also, Beaver is incorrect in thinking he can avoid a conviction by correcting a false statement days after making it. His false statements could have hindered the FBI's investigation, so the appellate court sees no fault with the jury convicting Beaver of providing false statements.
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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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