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Law360: Chicken Execs Again Seek Acquittal After Second Mistrial

April 5, 2022


Three chicken executives facing price-fixing allegations filed motions for acquittal after US District Judge Philip A. Brimmer declared a second mistrial in their case, arguing that the government lacks evidence and that a future jury is unlikely to convict them. One of the executives, former Pilgrim’s Pride CEO Jayson Penn, argued in his motion that, “As two juries have now demonstrated, no rational jury could find beyond a reasonable doubt that Mr. Penn knowingly and intentionally agreed to rig bids and fix prices on the basis of this evidence. Even when considered in the light most favorable to the government, the only evidence in the record is that Mr. Penn competed aggressively and acted consistent with Pilgrim’s independent business interests.” Penn is represented by Michael F. Tubach and Anna T. Pletcher of O’Melveny & Myers LLP.

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