U.S. v. Pro-Mark Services, Inc.

On October 30, 2023, the Department of Justice, Antitrust Division, and the United States Attorney’s Office for the District of North Dakota entered into a non-prosecution agreement (“NPA”) with Pro-Mark Services, Inc. Between 2008 and 2020, Pro-Mark’s former owners executed a scheme to obtain government set-aside construction contracts for the company, amounting to approximately $70 million in federal contracts being awarded, despite Pro-Mark not being eligible to compete for these contracts. The former owners then cashed out of company, selling it to Pro-Mark’s employees via an employee stock ownership plan (“ESOP”) transaction. The NPA requires the company to pay a penalty of $949,000 and to continue implementing a compliance and ethics program.