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Law360: Despite 2 Mistrials, DOJ Won’t Say Chicken Case Is Done

March 31, 2022


The US Department of Justice is moving to drop five of 10 defendants facing price-fixing conspiracy charges after US District Judge Philip A. Brimmer declared a second mistrial in the case earlier this week. Assistant Attorney General Jonathan Kanter is planning to appear for a hearing to discuss a third attempt to prosecute the case. “The question for Mr. Kanter is why, after the government has tried twice and failed, it believes that a third time admissible evidence will probably be sufficient to obtain and sustain a conviction,” Judge Brimmer said. Despite the government having a cooperating witness from Pilgrim’s Pride, one of the poultry companies that plead guilty, juries were unable to convict a single individual, including two former Pilgrim’s Pride CEOs. Michael Tubach, Anna Pletcher, and Brian Quinn of O’Melveny & Myers LLP represent former Pilgrim’s Pride CEO Jayson Penn.

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