Vice President of Asphalt Paving Company Pleads Guilty to Bid Rigging

Press Release

Sixth Individual Pleads Guilty in Ongoing Investigation of Collusion in Michigan-Area Asphalt Industry

A senior executive of a Michigan asphalt paving company pleaded guilty today for his role in two separate conspiracies to rig bids for asphalt paving services contracts in Michigan.

According to court documents, David A. Coppola, vice president of Taylor-based Al's Asphalt Paving Company Inc. (Al's Asphalt), conspired with Asphalt Specialists LLC (ASI), F. Allied Construction Company Inc. (Allied) and employees from those companies to rig their bids. Coppola participated in the two conspiracies from March 2013 through November 2018, and from June 2013 through June 2019, respectively.

Today's guilty plea is the ninth in the Antitrust Division's ongoing investigation into collusion in the Michigan asphalt paving industry. Coppola's employer, Al's Asphalt, and its president pleaded guilty in January, and, in 2023, Allied and two of its executives pleaded guilty, as did ASI and two of its former executives. On July 31, Al's Asphalt was sentenced to pay a fine of $795,661.31.

In both charged conspiracies, the co-conspirators coordinated each other's bid prices so that the agreed-upon losing company submitted intentionally non-competitive bids. These bids gave customers the false impression of competition when, in fact, the co-conspirators had already decided who would win the contracts.

"Americans expect and deserve the benefits of competitive markets - including for vital aspects of our transportation infrastructure like asphalt paving services," said Director of Criminal Enforcement Emma M. Burnham of the Justice Department's Antitrust Division. "The division and our law enforcement partners will continue to hold accountable executives who seek to profit at the expense of consumers."

"The Department of Transportation Office of Inspector General (DOT OIG) continues to work closely with our law enforcement partners and the Justice Department's Antitrust Division to target individuals who knowingly participate in bid rigging and other anti-competitive activities," said Acting Special Agent in Charge Anthony Licari of DOT OIG's Midwestern Region. "Today's guilty plea shows our commitment to bringing to justice those who engage in illegal and unfair practices that adversely impact transportation projects."

"Activities related to bid-rigging and collusion do not promote an environment conducive to open competition which harms the consumer," said Executive Special Agent in Charge Kenneth Cleevely of the U.S. Postal Service (USPS) Office of Inspector General. "The guilty plea in this case represents a win for all law enforcement agencies who investigate those who engage in this type of harmful conduct to ensure that justice is served."

Coppola pleaded guilty to two counts of violating Section One of the Sherman Act. Coppola faces a maximum penalty of 10 years in prison and a $1 million fine. The fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime if either amount is greater than the statutory maximum fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Antitrust Division's Chicago Office and Offices of Inspectors General for the DOT and USPS investigated the case, as part of an ongoing operation investigating bid rigging and other anticompetitive conduct in the asphalt paving services industry.

Anyone with information in connection with this investigation should contact the Antitrust Division's Complaint Center at 888-647-3258 or visit www.justice.gov/atr/report-violations.

Updated October 2, 2024