2 Criminal price-fixing and bid-rigging An unprecedented three criminal antitrust trials in the same case; the first two ended in hung juries, and the third delivered a full acquittal for our client, Jayson Penn, and four other poultry industry executives. Our client’s freedom and livelihood—he faced a maximum 10-year sentence and a fine of up to $1 million if convicted. Claims Trial and Outcome What Was at Stake Why It Matters The DOJ Antitrust Division pulled out all the stops in an attempt to convict Mr. Penn and the other defendants. When the presiding judge ordered Assistant Attorney General Jonathan Kanter to a hearing in Denver to explain the Division’s rationale for trying the case a third time, Mr. Kanter professed his continued belief that the government “will obtain a conviction.” The O’Melveny team’s trial victory ultimately resulted in a perceived unraveling of the DOJ’s years-long investigation into poultry sales to fast-food companies, with the DOJ failing to secure a single conviction of the 14 individuals it indicted as part of a push to address “kitchen table” antitrust issues.
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