Company Sentenced to Pay $6.5M Criminal Fine for Bid Rigging in Michigan Asphalt Industry

A Michigan company was sentenced today to pay a criminal fine of $6.5 million for its role in conspiracies to rig bids for asphalt paving services contracts in the State of Michigan.

Pontiac-based Asphalt Specialists LLC pleaded guilty for its conduct on Jan. 30. According to court documents and proceedings, the company participated in a conspiracy with Al’s Asphalt Paving Company Inc. (Al’s Asphalt) and its employees from March 2013 through November 2018. The company also participated in a separate conspiracy with F. Allied Construction Company Inc. (Allied) and its employees from July 2017 through May 2021.

Each conspiracy operated in much the same way: the co-conspirators coordinated each other’s bid prices so that the agreed-upon losing company would submit intentionally non-competitive bids. These bids gave customers the false impression of competition when, in fact, the co-conspirators had already decided among themselves who would win the contracts.

“When companies choose to cheat rather than compete, they can expect to pay substantial, punitive criminal fines,” said Deputy Assistant Attorney General Manish Kumar of the Justice Department’s Antitrust Division. “The Antitrust Division and its law enforcement partners will not hesitate in our shared mission to ensure those who violate the antitrust laws do not benefit from their crimes, particularly when those crimes affect critical infrastructure for our country.”

“The sentence imposed today should serve as a significant deterrent for anyone who chooses corporate greed over open and fair competition for transportation projects,” said Acting Special Agent in Charge Anthony Licari Department of Transportation Office of Inspector General (DOT-OIG), Midwestern Region. “Our commitment to working with our law enforcement partners and the Justice Department’s Antitrust Division is unwavering as we continue to pursue and uncover corrupt conduct and hold companies that intentionally engage in wrongdoing accountable.”

“Asphalt Specialist LLC’s sentence reflects the seriousness of conduct that undermines the competitive process,” said Executive Special Agent in Charge Kenneth Cleevely of the U.S. Postal Service (USPS) Office of the Inspector General. “This sentencing represents a win for the USPS and for all law enforcement agencies who work together to protect the competitive process and to ensure that justice is served.”

Asphalt Specialists LLC is one of three companies that have been charged as part of an ongoing federal antitrust investigation into bid rigging and other anticompetitive conduct in the asphalt paving services industry. Al’s Asphalt pleaded guilty and was sentenced to pay a fine of $795,661.81 on July 31. Allied also pleaded guilty and is awaiting sentencing. Six individuals also have been charged as part of the investigation.

DOT-OIG and USPS OIG investigated the case.

The Antitrust Division’s Chicago Office is prosecuting the case.

Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258 or visit www.justice.gov/atr/report-violations.