Information

Attorneys for the United States

1. D. JAMES SOGAS is made a defendant on the charge stated below.
2. From on or about April 1, 1999, until on or about June 15, 2002, the defendant's corporate employer, Elpida Memory, Inc. ("Elpida"), and coconspirators entered into and engaged in a combination and conspiracy in the United States and elsewhere to suppress and eliminate competition by fixing the prices of Dynamic Random Access Memory ("DRAM") to be sold to certain original equipment manufacturers of personal computers and servers ("OEMs"). The combination and conspiracy engaged in by the defendant's corporate employer and coconspirators was in unreasonable restraint of interstate and foreign trade and commerce in violation of Section 1 of the Sherman Act (15 U.S.C. § 1). The defendant joined and participated in the charged conspiracy at various periods of time from as early as April 1, 2001, until on or about June 15, 2002.
3. The charged combination and conspiracy consisted of a continuing agreement, understanding, and concert of action among the defendant, his corporate employers, and coconspirators, the substantial terms of which were to agree to fix the prices for DRAM to be sold to certain OEMs and to coordinate bids offered by Sun Microsystems, Inc. ("Sun") on a lot of 1 Gigabyte Next-Generation Dual In-Line Memory Modules ("1 Gigabyte Next-Generation Modules") during Sun auctions on December 5, 2001 and March 26, 2002.
4. For the purpose of forming and carrying out the charged combination and conspiracy, the defendant, his corporate employer, and coconspirators did those things that they combined and conspired to do, including, among other things:
   1. participating in meetings, conversations, and communications in the United States and elsewhere to discuss the prices of DRAM to be sold to certain OEMs;
   2. agreeing, during those meetings, conversations, and communications, to charge prices of DRAM at certain levels to certain OEMs;
   3. issuing price quotations in accordance with the agreements reached;
   4. exchanging information on sales of DRAM to certain OEM customers for the purpose of monitoring and enforcing adherence to the agreed-upon prices;
   5. authorizing, ordering, and consenting to the participation of subordinate employees in the conspiracy;
   6. participating in meetings, conversations, and communications in the United States and elsewhere to discuss coordinating (i.e., dividing up) among themselves two bids offered by Sun;
   7. agreeing, during those meetings, conversations, and communications, to coordinate two bids offered by Sun;
   8. coordinating among themselves, in accordance with the agreements reached, two bids offered by Sun denying Sun a competitive price;
   9. participating in meetings, conversations, and communications to discuss the submission of prospective bids on two separate lots of 1 Gigabyte Next-Generation Modules offered by Sun;
   10. agreeing, during those meetings, conversations, and communications, to submit complementary bids to ensure the success of their agreement; and
   11. submitting complementary bids for two separate lots of 1 Gigabyte Next-Generation Modules, denying Sun a competitive price.
   II. DEFENDANT AND COCONSPIRATORS
5. During the time period covered by this Information:
   1. Elpida was a corporation organized and existing under the laws of Japan; its wholly owned subsidiary Elpida Memory (USA), Inc. was a corporation organized and existing under the laws of California. Elpida and Elpida Memory (USA), Inc. were engaged in the business of producing and selling DRAM to customers in the United States and elsewhere.
   2. D. James Sogas was employed as Vice President of Sales for Elpida Memory (USA), Inc.
6. Various corporations and individuals, not made defendants in this Information, participated as coconspirators in the offense charged in this Information and performed acts and made statements in furtherance of it.
7. Whenever in this Information reference is made to any act, deed, or transaction of any corporation, the allegation means that the corporation engaged in the act, deed, or transaction by or through its officers, directors, employees, agents, or other representatives while they were actively engaged in the management, direction, control, or transaction of its business or affairs.

   III.

   TRADE AND COMMERCE
8. DRAM is the most commonly used semiconductor memory product. DRAM provides high-speed storage and retrieval of electronic information in personal computers, servers and other devices. All references to DRAM in this Information include semiconductor memory devices and modules.
9. During the period covered by this Information, the defendant, his corporate employer, and coconspirators sold and distributed DRAM in a continuous and uninterrupted flow of interstate and foreign trade and commerce to customers located in states or countries other than the states or countries in which the defendant, his corporate employer, and coconspirators produced DRAM. The OEMs that were affected by the conspiracy to suppress and eliminate competition were: Dell Inc., Compaq Computer Corporation, Hewlett-Packard Company, Apple Computer, Inc., International Business Machines Corporation, Gateway, Inc., and Sun Microsystems, Inc.
10. The business activities of the defendant, his corporate employer, and coconspirators that are the subject of this Information were within the flow of, and substantially affected, interstate and foreign trade and commerce. IV. JURISDICTION AND VENUE
11. The combination and conspiracy charged in this Information was carried out, in part, in the Northern District of California, within the five years preceding the filing of this Information.