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In the Courts
Eighth Circuit Affirms Longest Antitrust Sentences Ever Imposed
On April 27, 2012, the Eighth Circuit affirmed a 48-month prison sentence and $829,715.85 fine imposed upon Steven VandeBrake after he pleaded guilty to two counts of price fixing and one count of bid rigging in violation of 15 U.S.C. ' 1. United States v. VandeBrake, —F.3d —, 2012 WL 1448486 (April 27, 2012). The sentence was based on VandeBrake's role in a bid rigging conspiracy involving the sale of concrete products in Iowa, which was reported by a competitor in 2009 as part of the DOJ Antitrust Division's Leniency Program. *1. VandeBrake initially accepted a binding plea agreement that would have required him to serve 19 months in prison and pay a fine of $100,000 for his role in the conspiracy. *2. However, when the District Judge indicated that he was not inclined to accept the binding agreement, VandeBrake accepted a non-binding agreement. Id.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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