1. Home
  2. |Insights
  3. |Supreme Court Denies Stolt-Nielsen's Certiorari Petition Challenging the DOJ's Decision to Prosecution

Supreme Court Denies Stolt-Nielsen's Certiorari Petition Challenging the DOJ's Decision to Prosecution

Client Alert | less than 1 min read | 10.31.06

The Supreme Court denied Stolt-Nielsen's cert petition challenge the Department of Justice's Antitrust Divisions' decision to prosecution the corporation which had previously been granted immunity exchange for its cooperation in an antitrust investigation. Stolt-Nielsen had initially received leniency in exchange for providing information in the alleged customer allocation and bid-rigging in the liquid-cargo shipping market. The Antitrust Division later decided to lift the immunity when it decided Stolt-Nielsen had not lived up to the immunity agreement. After the Court's decision, Stolt-Nielsen announced that it will file a motion to dismiss the indictment based upon the amnesty agreement, on Nov. 22, in U.S. District Court in Philadelphia.

Insights

Client Alert | 4 min read | 10.30.26

Two Wrongs Don’t Make a Right: GAO Sustains Protest Where Agency Tried to Fix PIA Violation with a Second PIA Violation

Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”...