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Stolt: Five Years to Vindication
A timeline
Corporate Counsel
June 23, 2008
January-February 2002
Then-general counsel Paul O'Brien sees a memo suggesting that his supervisor, Richard Wingfield, is cooperating with another shipping company on pricing. He complains to Chairman Samuel Cooperman and asks for an independent antitrust probe.
March 2002
O'Brien resigns March 1.
June 2002
O'Brien files a constructive discharge lawsuit against Stolt-Nielsen and Cooperman, saying he was forced to resign because of "ongoing criminal conduct." The suit is pending.
November 2002
The Wall Street Journal makes public O'Brien's allegations. The company hires outside counsel John Nannes, who seeks an amnesty deal with the Justice Department's antitrust division.
December 2002
Justice grants Stolt-Nielsen a "marker," making it first in line for amnesty if it cooperates in the investigation.
January 2003
Nannes turns over the list allocating customers between companies, and Justice signs the amnesty deal. On the basis of Stolt-Nielsen's cooperation and evidence, two other companies plead guilty and pay $62 million in fines.
April 8, 2003
Stolt-Nielsen lawyers are baffled when Justice says it is "suspending" the company's obligation to cooperate under the agreement.
June 2003
Now Justice says the agreement no longer covers Wingfield, and orders him arrested.
February-March 2004
Stolt-Nielsen sues the antitrust division in federal court, seeking to enforce the amnesty agreement and to obtain an injunction to bar any indictment. Justice formally revokes the entire agreement.
January 2005
Judge Timothy Savage rules for Stolt-Nielsen and Wingfield. Justice appeals.
March 2006
The 3rd U.S. Circuit Court of Appeals rules that the lower court cannot stop Justice from indicting the company. The U.S. Supreme Court declines to review the case.
September 2006
Justice indicts Stolt-Nielsen, Cooperman and Wingfield. The defendants move to dismiss the charges.
May-June 2007
U.S. District Court Judge Bruce Kauffman holds evidentiary hearings on the motion to dismiss.
November 2007
Citing contract law and fairness issues, Kauffman dismisses indictments against the company and its executives. Justice announces it will not appeal.
August 2008
Jury selection is to begin in the original suit brought by O'Brien, the ex-general counsel.
Related content:
Antitrust Amnesty Deal Blows Up in DOJ's Face
Putting It All Together
