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Jeffrey Martino Comments on Deferred Prosecution Deal in Price-Fixing Case

News / January 6, 2021

Partner Jeffrey Martino is quoted in an article published on Jan. 5, 2021, by Global Competition Review. The article, “Cement Company Receives Deferred Prosecution Deal for DOJ Cooperation,” reports on a deferred prosecution agreement for Argos USA, a cement company that admitted to fixing prices for ready-mix concrete. In recent years, Department of Justice Antitrust Division leadership has said that deferred prosecution agreements serve as an important “middle ground” between declining to bring charges and securing a conviction.

Martino, a former chief of the Antitrust Division’s New York office, told the publication that the conduct in question involved low-level employees and had not been blessed by management. “Clearly, the conduct was not pervasive and occurred within a very small part of the company,” he said, adding that a conviction may have barred Argos USA from doing future business with the government.

Read the article (registration required).