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Converting Antitrust Statistics into Legal Cases in Highway Construction Fraud

This guide outlines how to effectively transform statistical data on antitrust issues in highway construction into compelling legal cases. It emphasizes the importance of understanding market dynamics and the underlying mechanics of collusion. By collaborating with professionals across various fields and utilizing case profiling techniques, legal teams can develop robust investigations. The document discusses strategies for marketing cases and fostering a culture of competition within departments, aiming to bring attention to fraudulent behaviors and ultimately protect consumers.

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Converting Antitrust Statistics into Legal Cases in Highway Construction Fraud

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  1. Antitrust fraud in highway construction: Converting Statistics into Cases Turner Bond Office of Inspector General, Missouri Dept. of Transportation

  2. Converting Statistics into Cases • Starting with Statistics • Coming out of the Ivory Tower • Developing your Cases • Marketing your Cases

  3. Starting with Statistics

  4. Northeast Assign Markets Northwest I-70 Kansas City Truman Reservoir St. Louis - Iron Mt. Jeff. City - Rolla MARIES Southern Bootheel

  5. 50% 40% 30% 20% 10% 0% 70% 60% 50% 40% 30% 20% 10% 0% 87 88 89 90 91 92 93 94 95 96 97 98 Market Shares show supra-competitive influences. Kansas City Mkt. Normal Variation 87 88 89 90 91 92 93 94 95 96 97 98 Northeast Mkt. Unnaturally Even 58% 54% 53% 51% 51% 51% 50% 47% 44% 42% 40% 36%

  6. Healthy Highlight Problem Areas Northeast Northwest I-70 Kansas City Truman Reservoir St. Louis-Iron Mt. Jeff. City - Rolla MARIES Southern Bootheel Patterns to Analyze Targeted Invest. Monitor Patterns

  7. A B • C D E Overlay Territories

  8. Statistics and graphs aren’t enough: If I had a witness, what would I need you for? ANTI-TRUST ANALYST: My computer models indicate collusion in the South. Will you investigate? LAW ENFORCEMENT: Sorry. I can’t help you if you don’t have a witness. Oh.

  9. Coming out of the Ivory Tower

  10. Look for the Underlying Mechanics • Vertical Market Control – the origin of our anti-trust laws. • Losing Entity is a tax dodge or bidding signal • Schill bidder just wants aggregate sales. • Who knew what – and when.

  11. Reality check your theories

  12. Broaden your Perspective • Imbed yourself: Talk with materials inspectors, field inspectors, testing staff. • Network: fraud investigators from other fields, DBE certifiers, municipal contracting agents, law enforcement, etc. • Cross-train: computer science, engineering, anti-trust law, economics, statistics, etc.

  13. Become your Department’s Advocate for Competition • Restructure contracts. • Bring in competing industries.

  14. Developing Cases

  15. . . . . and Investigations Bridging the gap between Statistics . . . .

  16. Use Case Profiling Summarize Case • Scope of transactions • Date of first awareness • Theory of corruption • Mechanics of the deal • Assess Viability: find 3 out of 4 markers • Is there a definable system of exchange? • Is the consumer damaged? • Is there irrational business behavior? • Is there a history of concern with these players?

  17. Create Briefing Books • Generic, reusable, and short. • Theory of the mechanics behind the deal. • Potential contacts • Injured competitors • Disgruntled employees • Attachments profiling current evidence

  18. Marketing Cases

  19. Market Your Cases • Good ideas don’t sell themselves. • Develop contacts and keep them open. • Send them usable information. • Be persistent. If, at first you don’t succeed …

  20. Summary • Start with Statistics • Reality Check your Work • Develop your Cases • Market your Cases

  21. Profile Vendors

  22. Converting Statistics into Cases • Starting with Statistics • Coming out of the Ivory Tower • Developing your Cases • Marketing your Cases

  23. . . . . and Investigations Developing Cases Bridging the gap between Statistics . . . .

  24. Become your Department’s Advocate for Competition

  25. Force Competition Where it’s Needed • Restructure contracts. • Bring in competing industries.

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