U.S. strikes to dismiss price-fixing case towards two former Pilgrim’s Delight execs By Reuters

By Mike Scarcella

(Reuters) – The U.S. Justice Division on Sunday moved to dismiss an antitrust indictment towards two former Pilgrim’s Delight (NASDAQ:) Corp executives who had been the remaining defendants in a conspiracy prosecution that has did not safe any convictions.

Federal prosecutors requested U.S. District Decide Daniel Domenico to dismiss the case towards Jason McGuire, who was a former govt vice chairman of gross sales at Pilgrim’s Delight, and Timothy Stiller, a former common supervisor.

They and different defendants had been charged in 2021 of fixing costs within the poultry trade.

A Justice Division spokesperson on Sunday declined to remark.

In July, a Colorado jury discovered three different Pilgrim’s Delight executives, and two executives of Claxton Poultry Farms, not responsible. It was the third trial, after two earlier mistrials. The defendants who had been acquitted then included former Pilgrims Delight chief executives William Lovett and Jayson Penn.

The federal government stated it was transferring to dismiss the case towards McGuire and Stiller after Domenico on Oct. 14 “successfully” restricted the proof that jurors could be allowed to listen to at an upcoming Oct. 31 trial.

Domenico stated in his ruling that the Justice Division “has not met its burden of demonstrating a price-fixing or bid-rigging conspiracy by a preponderance of the proof.” Prosecutors stated the order “departs from prior rulings within the district in regards to the identical conspiracy.”

The federal government requested Domenico to dismiss the indictment towards McGuire and Stiller “with out prejudice,” which might give the U.S. a chance to attempt to carry a brand new case.

Protection attorneys for McGuire and Stiller didn’t instantly reply to messages looking for remark.

Domenico in a separate order final week denied a bid from McGuire and Stiller to dismiss the case. Nonetheless, the decide stated in his order that “the federal government’s proof on this case has been removed from convincing.”

Pilgrim’s Delight agreed to pay a $110.5 million advantageous in 2020 after pleading responsible to the Justice Division’s price-fixing expenses.