1270 (9th Cir. 1977) but the Government need not show any specific intent under the Sherman Act, U. S. v. Patten, supra.
The knowledge of the Defendant, and his participation in the conspiracy need not be shown by direct evidence, although it seems to the Court that direct evidence here does establish beyond a reasonable doubt such knowledge and participation, but circumstantial evidence would be sufficient to convict.
The testimony of Tomaine that from 1968 through 1973 he regularly attended the "after meetings"; (corroborated by the others attending the "after meetings") that whenever Defendant was available he discussed these meetings with him telling him of the proposed price increases or decreases of all the companies; that Defendant would say "do whatever you think is right or shrug his shoulders", is strong indication that Defendant knew for some years of the existence of the conspiracy and participated in it.
The testimony concerning the meeting at Brutico's (Findings 10 & 11) at which Defendant was an active participant discussed earlier herein is further indication that he took an active part in the conspiracy. Indeed, the Defendant acknowledged that Tomaine told him that prices were Discussed at the "after meetings" and that the members were going to take some action thereon, but he argues that Tomaine never told him that they had Agreed to Fix the prices. Socony Oil, supra, holds that prices are fixed when they are agreed upon.
The circumstantial evidence also points strongly to the fact that the Defendant was a knowing participant. The conspiracy was formed as early as 1961 but for our purposes here it continued from 1966-1967,
and from 1968 through 1973 Blue Coals' Vice President in Charge of Domestic Sales, Tomaine, attended the meetings regularly, conferred with the Defendant on a regular basis. Defendant was during this period the executive officer of the company and admittedly had the final say on pricing and he authorized Tomaine to issue the price circulars.
A corporate officer is subject to prosecution under Section 1 of the Sherman Act if he authorizes or helps in the perpetration of the crime. U. S. v. Wise, 370 U.S. 405, 82 S. Ct. 1354, 8 L. Ed. 2d 590 (1962).
We have considered all of the testimony and the exhibits, have assessed the credibility of all the witnesses, the character and reputation evidence put in by stipulation and after considering all of these matters we have arrived at the following.
CONCLUSIONS OF LAW
1. Beginning as early as 1961 and continuing through November 1973, there existed a conspiracy in the Middle District of Pennsylvania to fix, stabilize and maintain prices of anthracite coal as alleged in the indictment.
2. Blue Coal Corporation, Glen Burn Colliery, Inc., Greenwood Stripping Corporation, Lehigh Navigation-Dodson Company, Lehigh Valley Coal Sales Company, Inc., Reading Anthracite Coal Company, William R. Dougan, Joseph A. Frank, Carl J. Tomaine and James J. Tedesco were co-conspirators in the conspiracy charged in the indictment.
3. This conspiracy unreasonably restrained interstate commerce.
4. This conspiracy was carried out in part within the Middle District of Pennsylvania.
5. The Defendant was a knowing participant in the conspiracy from 1966 to November 26, 1973.
6. The Defendant is guilty of the offense charged in the indictment.