U.S. moves to dismiss price-fixing case against two former Pilgrim's Pride execs

Pilgrims Pride

16/10/2022 21:20

By Mike Scarcella
       Oct 16 (Reuters) - The U.S. Justice Department on Sunday
moved to dismiss an antitrust indictment against two former
Pilgrim's Pride Corp executives who were the remaining
defendants in a conspiracy prosecution that has failed to secure
any convictions.
    Federal prosecutors asked U.S. District Judge Daniel
Domenico to dismiss the case against Jason McGuire, who was a
former executive vice president of sales at Pilgrim's Pride, and
Timothy Stiller, a former general manager.
    They and other defendants were charged in 2021 of fixing
prices in the poultry industry.
    A Justice Department spokesperson on Sunday declined to
comment.
    In July, a Colorado jury found three other Pilgrim's Pride
executives, and two executives of Claxton Poultry Farms, not
guilty. It was the third trial, after two earlier mistrials. The
defendants who were acquitted then included former Pilgrims
Pride chief executives William Lovett and Jayson Penn.
    The government said it was moving to dismiss the case
against McGuire and Stiller after Domenico on Oct. 14
"effectively" limited the evidence that jurors would be allowed
to hear at an upcoming Oct. 31 trial.
    Domenico said in his ruling that the Justice Department "has
not met its burden of demonstrating a price-fixing or
bid-rigging conspiracy by a preponderance of the evidence."
Prosecutors said the order "departs from prior rulings in the
district concerning the same conspiracy."
    The government asked Domenico to dismiss the indictment
against McGuire and Stiller "without prejudice," which would
give the U.S. an opportunity to try to bring a new case.
    Defense lawyers for McGuire and Stiller did not immediately
respond to messages seeking comment.
    Domenico in a separate order last week denied a bid from
McGuire and Stiller to dismiss the case. Still, the judge said
in his order that "the government's evidence in this case has
been far from convincing."
    Pilgrim's Pride agreed to pay a $110.5 million fine in 2020
after pleading guilty to the Justice Department's price-fixing
charges.
 (Reporting by Mike Scarcella; Editing by Chizu Nomiyama)
 ((Mike.Scarcella@thomsonreuters.com;))