More Kindle Book Deals Free Reading Apps Kindle Singles Newsstand Accessories Content and Devices Kindle Support Advanced Search. Christian Caleca. Get Christian Caleca’s email address, c****[email protected] Christian Caleca has joined Manitou as chief operations officer, a new position. Mr Caleca now leads the company’s industrial, domestic and international.
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Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The defendant knowingly and voluntarily waives the rights set out in Paragraph 1 b – h above, including all jurisdictional defenses to the prosecution of this case, and agrees voluntarily to consent to the jurisdiction of the United States to prosecute this case against him in the United States District Court for the Southern District of Florida.
The defendant also knowingly and voluntarily waives the right to file any appeal, any collateral attack, or any other writ or motion, including but not limited to an appeal under 18 U. This agreement does not affect the rights or obligations of the United States as set forth in 18 U.
The Information will charge the defendant with participating in a conspiracy to suppress and eliminate competition by rigging bids, fixing prices and allocating market shares for sales of marine hose sold in the United States and elsewhere, beginning at least as early as and continuing until as late as May in unreasonable restraint of foreign and interstate trade and commerce in violation of the Sherman Antitrust Act, 15 U.
The defendant, pursuant to the terms of this Plea Agreement, will plead guilty to the criminal charge described in Paragraph 2 above and will make a factual admission of guilt to the Court in accordance with Fed. Had this case gone to trial, the United States would have presented evidence sufficient to prove the following facts:. The defendant understands that the statutory maximum penalty which may be imposed against him upon conviction for a violation of Section One of the Sherman Antitrust Act is:.
The defendant understands that the Sentencing Guidelines are advisory, not mandatory, but that the Court must consider the Guidelines in effect on the day of sentencing, along with the other factors set forth in 18 U.
The defendant understands that the Guidelines determinations will be made by the Court by a preponderance of the evidence standard. The defendant understands that although the Court is not ultimately bound to impose a sentence within the applicable Guidelines range, its sentence must be reasonable based upon consideration of all relevant sentencing factors set forth in 18 U.
The parties agree that there exists no aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the U.
Sentencing Commission in formulating the Sentencing Guidelines justifying a departure pursuant to U. The parties agree not to seek or support any sentence outside of the Guidelines range or any Guidelines adjustment for any reason that is not set forth in this Plea Agreement.
The parties further agree that the recommended sentence set forth in this Plea Agreement is reasonable. The parties further agree that no term of supervised release following imprisonment is necessary because the defendant is a foreign national who intends to return to France promptly after serving his term of imprisonment.
The United States agrees that it will not seek an order of restitution because of the availability of civil causes of action. The United States and the defendant agree that the applicable Guidelines incarceration and fine ranges exceed the term of imprisonment and fine contained in the recommended sentence set out in Paragraph 8 above. Subject to the full and continuing cooperation of the defendant, as described in Paragraph 12 of this Plea Agreement, and prior to sentencing in this case, the United States agrees that it will make a motion, pursuant to U.
Subject to the ongoing, full, and truthful cooperation of the defendant described in Paragraph 12 of this Plea Agreement, and before sentencing in the case, the United States will fully advise the Court and the Probation Office of the fact, manner, and extent of the defendant’s cooperation and his commitment to prospective cooperation with the United States’ investigation and prosecutions, all material facts relating to the defendant’s involvement in the charged offense, and all other relevant conduct.
The United States and the defendant understand that the Court retains complete discretion to accept or reject the recommended sentence provided for in Paragraph 8 of this Plea Agreement. The defendant understands that, as provided in Fed. The defendant will cooperate fully and truthfully with the United States in the prosecution of this case, the conduct of the current federal investigation of violations of federal antitrust and related criminal laws involving the manufacture or sale of marine hose, any other federal investigation resulting therefrom, and any litigation or other proceedings arising or resulting from any such investigation to which the United States is a party “Federal Proceeding”.
The ongoing, full, and truthful cooperation of the defendant shall include, but not be limited to:. Subject to the full, truthful, and continuing cooperation of the defendant, as described in Paragraph 12 of this Plea Agreement, and upon the Court’s acceptance of the guilty plea called for by this Plea Agreement and the imposition of the recommended sentence, the United States will not bring further criminal charges against the defendant for any act or offense committed before the date of this Plea Agreement that was undertaken in furtherance of an antitrust conspiracy involving the manufacture or sale of hose “Relevant Offense”.
The nonprosecution terms of this paragraph do not apply to civil matters of any kind, to any violation of the federal tax or securities laws, or to any crime of violence. The United States agrees that when the defendant travels to the United States for interviews, grand jury appearances, or court appearances pursuant to this Plea Agreement, or for meetings with counsel in preparation therefor, the United States will take no action, based upon any Relevant Offense, to subject the defendant to arrest, detention, or service of process, or to prevent the defendant from departing the United States.
This paragraph does not apply to the defendant’s commission of perjury 18 U. The defendant understands that he may be subject to administrative action by federal or state agencies other than the United States Department of Justice, Antitrust Division, based upon the conviction resulting from this Plea Agreement, and that this Plea Agreement in no way controls whatever action, if any, other agencies may take. However, the United States agrees that, if requested, it will advise the appropriate officials of any governmental agency considering such administrative action of the fact, manner, and extent of the cooperation of the defendant as a matter for that agency to consider before determining what administrative action, if any, to take.
The defendant has reviewed all legal and factual aspects of this case with his attorneys and is fully satisfied with his attorneys’ legal representation. The defendant has thoroughly reviewed this Plea Agreement with his attorneys and has received satisfactory explanations from his attorneys concerning each paragraph of this Plea Agreement and alternatives available to the defendant other than entering into this Plea Agreement.
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After conferring calefa his attorneys and considering all available alternatives, the defendant has made a knowing and voluntary decision to enter into this Plea Agreement. The defendant’s decision to enter into this Plea Cwleca and to tender a plea of guilty is freely and voluntarily made and is not the result of force, threats, assurances, promises, or representations other than the representations contained in this Plea Agreement.
The United States has made no promises or representations to the defendant as to whether the Court will accept or reject the recommendations contained within this Plea Agreement. The defendant agrees that, should the United States determine in good faith, during the period that any Federal Proceeding is pending, that the defendant has failed to provide full and truthful cooperation, as described in Paragraph 12 of this Plea Agreement, or has otherwise violated any provision of this Plea Agreement, the United States will notify the defendant or his counsel in writing by personal or overnight delivery or facsimile transmission and may also notify his counsel by telephone of its intention to void any of its obligations under this Plea Agreement except its obligations under this paragraphand the defendant shall be subject to prosecution for any federal crime of which the United States has knowledge including, but not limited to, the substantive offenses relating to the investigation resulting in this Plea Agreement.
The defendant agrees that, in the event that the Cgristian States is released from its obligations under this Plea Agreement and brings criminal charges against the defendant for any Relevant Offense, the statute of limitations period for such offense will be tolled for the period between the date of calefa signing of this Plea Agreement and six 6 months after the date the United States gave notice of its intent to void its obligations under this Plea Agreement.
The defendant understands and agrees that in any further prosecution of him resulting from the release of the United States from its obligations under this Plea Agreement based on the defendant’s violation of the Plea Agreement, any documents, statements, information, testimony, or evidence provided by him to attorneys or agents of the United States, federal grand juries, or courts, and any leads derived therefrom, may be used against him in any such further prosecution.
In addition, the defendant unconditionally waives his right chtistian challenge the use of such evidence in any such further prosecution, notwithstanding the protections of Fed. The defendant agrees to and adopts as his own the factual statement contained in Paragraph 4 above. In the event that the defendant breaches the Plea Agreement, the defendant agrees that the Plea Agreement, including the factual statement contained in Paragraph 4 above, provides a sufficient basis for any possible future extradition request that may be made for his return to the United States to face charges either in the Information referenced in Paragraph 2 of this Plea Agreement or in any related indictment.
The defendant further agrees not to oppose or contest any request for extradition by the United States to face charges either in the Information referenced in Paragraph 2 of this Plea Agreement or in any related indictment.
This Plea Agreement constitutes the entire agreement between chrkstian United States and the defendant concerning the disposition of the criminal charge in this case. This Plea Agreement cannot be modified except in writing, signed by the United States and the defendant. A facsimile signature shall be deemed an original signature for the purpose of executing this Plea Agreement.
Multiple signature pages are authorized for the purpose of executing this Plea Agreement. Christian Caleca and Jacques Chhristian. Thursday, November 15, This document is available in two formats: For an official signed copy, please contact calecq Antitrust Documents Group. The defendant understands his rights: Had this case gone to trial, the United States would have presented evidence sufficient to prove the following facts: For purposes of this Plea Agreement, the “relevant period” is that period beginning at least as early as and continuing until as late as May During the relevant period, the defendant participated in a conspiracy with other persons and entities engaged in the manufacture and sale of marine hose, the primary purpose of which was to suppress and eliminate competition by rigging bids, fixing prices and allocating market shares for sales of marine hose sold in the United States and elsewhere.
In furtherance of the conspiracy, the defendant and his subordinate attended meetings and engaged in discussions with executives from other marine hose manufacturers.
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During such meetings and discussions, the co-conspirators agreed to rig bids, fix prices and allocate market shares for the sale of marine hose in the United States and elsewhere. Each of the conspiring manufacturers provided a co-conspirator, who acted as a coordinator, with information about upcoming marine hose jobs.
The coordinator then designated, based on rules agreed to by the conspirators, which of the conspiring manufacturers would win the job, referring to the winning conspirator christia “champion. During the relevant period, marine hose sold by one or more of the conspirator firms, and equipment and supplies necessary to the production and distribution of marine hose, as well as payments for marine calca, traveled in interstate and foreign commerce.
Acts in furtherance of this conspiracy were carried out within the Southern District christiaan Florida within the relevant period.
One of the corporate co-conspirators has operations in Broward County. In addition, on at least one occasion, members of the conspiracy, including the caoeca, attended a meeting in Monroe County during which the conspirators discussed the implementation of the conspiracy. Xaleca defendant understands that the statutory maximum penalty which may be imposed against him upon conviction for a violation of Section One of the Sherman Antitrust Act is: In addition, the defendant understands that: The base offense level for the offense chhristian which the defendant is pleading guilty, as established by U.
The offense to which the defendant is christjan guilty involved participation in an agreement to submit non-competitive bids, within the meaning of U. The volume of commerce chrisfian to the defendant within the meaning of U. Based on the defendant’s role in the offense, a 3-level increase in the offense level is appropriate pursuant to U.
For purposes of U. However, should the United States obtain or receive additional evidence or information prior to sentencing that, in its sole discretion, it determines to be credible and materially in conflict with this stipulation, then the United States shall no longer be bound by this stipulation. Based on the foregoing, defendant’s adjusted offense level for the offense to which he is pleading guilty is The Guidelines sentencing range for offense level 17 is 24 to 30 months imprisonment.
The ongoing, full, and truthful cooperation of the defendant shall include, but not be limited to: Subject to the full and continuing cooperation of the defendant, as described in Paragraph 12 of this Plea Agreement, and upon the Court’s acceptance of the defendant’s guilty plea and imposition of sentence in this case, the United States agrees not to seek to remove the defendant from the United States under Sections and of the Chriwtian and Nationality Act, 8 U.
The agreement not to seek to remove the defendant is the equivalent of an agreement not to exclude the defendant from admission to the United States as a nonimmigrant or to deport the defendant from the United States. So that the defendant will be cchristian to obtain any nonimmigrant visa that he may need to chrjstian to the United States, DHS and the Visa Office, United States Department of State, have concurred in the granting of a nonimmigrant waiver of the defendant’s inadmissibility.
This waiver will remain in effect so long as this agreement not to seek to remove the defendant remains in effect. While the waiver remains in effect, the Department of State will not deny the defendant’s application for a nonimmigrant visa on the basis of the defendant’s guilty plea and conviction in this case, and DHS will not deny his application for admission as a nonimmigrant on the basis of his guilty plea and conviction in this case.
This agreement not to seek to remove the defendant will remain in effect so long as the defendant: The defendant understands that should the Antitrust Division become aware that the defendant has violated any of these conditions, the Antitrust Division will notify DHS. DHS will then determine, in consultation with the Antitrust Division, whether to rescind this agreement not to seek to remove the defendant.
The defendant agrees to notify the Assistant Attorney General of the Antitrust Division should the defendant be convicted of any other felony under the laws of the United States or of any state.
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Should the United States rescind this agreement not to seek to remove the defendant because of the defendant’s violation of a condition of this Plea Agreement, the defendant irrevocably waives his right to contest his removal from the United States under christixn Immigration and Nationality Act on the basis of his guilty plea and conviction in this case, but retains his right chrisrian notice of removal proceedings.
Brady Dugan Craig Y. Bell Attorneys, Antitrust Division U.