Transcriber’s HOT Recording Files and Descriptions
FILE NAME & LOCATION ON GOOGLE DRIVE
468122.48.56(18.06.12).wav
02:24 – 03:05
RECORDING DESCRIPTIONS
Location:
Price letters
FILE FOLDER: DVD01
03:27 – 03:47
Jim Pedrick says Coastal Concrete is going up on price and that he
has given Greg Melton a copy of Coastal’s price increase letter. Jim
says Coastal is going up $6 per yard.
03:53 – 04:19
Shredding personnel files
468108.50.11(21.06.12).wav
00:28 – 00:43
Location:
Jim Pedrick says that David Melton (Elite Concrete) called Jim
Pedrick and asked what number he needed to put on his price
increase letter. Jim Pedrick says he called Greg Melton and that
Greg Melton said make it between $85 and $88.
FILE FOLDER: DVD01
5085.006.wav
02:13 – 17.14
Location:
Discussion on scorecards and environmental letters.
FILE FOLDER: DVD02
21:34 – 22:24
Discussion on price increase letter.
24:11-31:34
Discussion on how they went out there high re Aspen Heights.
1
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
33:07 – 36:09
I don’t mind sharing prices with my brother
40:59 – 53:23
Discussion on price fixing re Ryder Mayson and Baca Coastal.
Key issues discussed: Baca, Green Zone, Statesboro, and Scorecard.
5085.008.wav
Conversation between Chris and Jim Pedrick about an apartment job
coming to Statesboro: Aspen heights. Jim explains that he received a
call from Bo Strickland saying they need to meet. Jim says they have
met with Bo Strickland of Evans Concrete and they will meet with
Coastal Concrete President Tim Coughlin.
Location:
FILE FOLDER: DVD02
02:50 – 5:11
Executives from other cement companies in town to discuss prices.
They discuss GA Southern Biology Building Cement.
06:11 – 06:54
Discussion concerning price (rough snippet):
“I was at $81 because we figured price going up. They were at
seventy-seven nut up for them. No not really. I mean you could play
that either way if I was them I would say yeah that's the deal. April 1
whatever. But that matter. Mayson was a 75 set.”
9:20 – 10:24
Discussion concerning price (rough snippet):
“So they're going to go up though. Abbott Kanlic. Now they only
went on VB Hooters 78. Nut-up Commercial stuff. But again it could
2
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
have been quoted. Now for Going up 78. So this right here. 86. On
Board Price Increase Letter. That ain't so.”
5085.003.wav
Sales meeting with Erin Davis, Greg Melton and his boss, Andy
Stankwych who is visiting from North Carolina. The three discuss
making sure they are on the same page regarding an upcoming
meeting on Thursday March 8th with the executive team from Argos
that is visiting Savannah.
Location:
FILE FOLDER: DVD02
11:00 – 12:37
Jim sells most of the competition cement so he is able to tell Greg
how many tons of cement they buy, thus Greg can determine how
many yards they pour. Greg tells Andy and Chris how "bastardized"
the whole thing is and how Elite puts pressure on Argos from Jim
Pedrick and then Greg goes on to discuss Jason Wells, the owner of
Mayson Concrete.
19:28 – 21:42
Discussion concerning price (rough snippet):
“For the record to say look as I always say I support Price Increase.
We are implementing that in August.”
29:30-29:44
Discussion concerning price (rough snippet):
“Just for knowledge last month just over 83. So we want projects we
launched last month where we're at 83.15”
30:00 – 30:38
Discussion concerning price (rough snippet):
3
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
“But talking about the average selling price Chris, How do you feel
about achieving your Price Increase next year?”
31:07 – 32:03
Discussion concerning price (rough snippet):
You know I don't want to blow smoke up these guys. Carson.
Cement. Chris said everything was going to be marvelous. We did it.
I don't want to do that. Really. Family support. And what do we do.
What do we tell them to adapt to that. Do we just say hey look
there's just a few competitors that need to do that. Late Wednesday
there's few competitors that need never go up. They're getting more
and more like say don't bother me.
32:06 – 33:31
Discussion concerning price (rough snippet):
“I don't think Coastal is gonna the be problem. I think they're coming
up. I think they're gonna be smart. I think Elite is going to come out
there and be smart. It's just your wild card. Taylor. Floyd. Young
Premiere…Troy. Mayson”
33:34 – 33:57
Discussion concerning price (rough snippet):
“I guess I could say that this year but you say it makes sense because
you know here your data every February March April Price Increase
actually”
36:19 – 38:30
Discussing price fixing re Williams.
Discussion concerning price (rough snippet):
4
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
We went up on them January 1 to 75. We got really hard at 73.
Those in Giant Jimmy would be the other.
Baird like it's 73 right now. And we lowered their price. We did.
Troy Baird to seventy three point seventy six. Whereas so right now
just to give him Prices. Yes. So we've got VB seventy five here in 78
and Hilton Head. I think if you get those guys you win.
40:54 – 41:05
Discussion concerning price (rough snippet):
Mayson. We really need to get Arrow. We need to grow crops. Now
42:00 – 45:00
Discussion concerning price (rough snippet):
Forrest Green Zone makes no sense
49:42 – 51:17
Discussion concerning price (rough snippet):
Confirming meeting on Thursday morning at the Marriot. They
seem to be preparing a presentation with every customer and
competitor compared to 2010 and 2012 in the Savannah area.
52:15 – 52:54
Discussion concerning price (rough snippet):
They need to know that thirty-nine point six if anybody asks. We as
a group of thirty-nine point six. You know your customers and your
competitors. So this has almost line up Giant. There is all the
5
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
surveillance. This is our hands. The two plants we have in
Statesboro.
53:08 – 55:06
Discussion concerning price (rough snippet):
We need to get Dorian and GSU folks up to speed on this production
process. Take him over to Bill Wagner.
55:27 – 57:27
Discussion concerning price (rough snippet):
Discussion not to compete and how they didn’t get trained on the
don’t bid Waters. Further discussion on the Biology Building.
They’ve been on Ryder seventy thousand yards. They went with
fifteen thousand hundred fifty-seven. Seventy thousand yard won and
lost this year.
58:09 – 59:03
Discussion concerning price (rough snippet):
Discussion on a report they want to share with Troy. They got 24
and 26 and it seems they want to discuss those numbers with Evans
and Lafarge, including the % of the business they want to get.
1:03:07 – 01:04:19
Discussion concerning price (rough snippet):
Discussion on price agreement with Coastal re charlotte and
Charleston (Myrtle Beach).
5085.004.wav
Discussion between Greg, Andy and Chris re pricing on the strip
club in Hinesville GA.
6
FILE NAME & LOCATION ON GOOGLE DRIVE
Location:
RECORDING DESCRIPTIONS
0:19 – 01-40
FILE FOLDER: DVD02
Discussion concerning price (rough snippet):
So we call this morning Tom. 81. Parker goes along at 75. He's doing
better. Look you're right here at the plate. I'll you give seventy-eight
dollars but I'm not. No. He lowered his head. Young called James
Pedrick. He said I might do it with y'all because you're right there he
said. I call it Coastal Beck and they said Thursday.
01:40 – 02:13
Discussion concerning Bids.
8:38 – 10.00
Discussion on price fixing, market allocation and price increase
letters.
11:16 – 11:57
Discussion concerning price (rough snippet):
Where's he gonna be on price? Is he gonna stick to his Letter?
5085.002.wav
0:59 – 04:40
Location:
Discussion between Chris and Tommy Waters on Biology Building
on how they had several thousand yards ready, but they didn’t get
the job as agreed. Tommy states that David Howard (former
President of Ready Mix Concrete, former owner of Conex) knew all
about the agreement to let Bo Strickland of Evans Concrete (Bo
Strickland and his dad Tommy Strickland own Evans) have the GA
Southern Biology Building, a huge job- 8,000 yards. Tommy and
Chris discuss their meeting with Greg Melton a few weeks previously
FILE FOLDER: DVD02
7
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
in which Greg Melton told Tommy and Chris that he had talked with
Bo Strickland and that Argos were to get the next few jobs.
06:14 – 04:40
Discussion on Brunswick and how they shouldn’t take a job because
they have an agreement. Greg Melton and Tommy Strickland seem
to be involved in this one too.
15:14 – 17:13
Discussion on how they are going to meet everybody this week and
they also talk re certain jobs in the system.
17:24 – 17:56
They discuss a standard policy to boycott prices
3979.004.wav
3:40 – 04:58
Location:
Discussion on how Greg Melton called Bo Strickland to tell him that
they were supposed to get the next couple of projects, and how he
confirmed that if they put a $45 margin they will get them.
FILE FOLDER: DVD03
7:29 – 9:00
Discussion on the conversation they had with competitors on the
Biology Building project agreement.
3979.005.wav
00:11 – 00:44
Location:
Discussion on how Coastal was getting prices out and how they got
money for a project.
FILE FOLDER: DVD03
2:46 – 03:16
David Melton meeting with Troy Braid
8
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
5:18 – 5:32
Discussion re Howard having an agreement with Bo re the Biology
Building.
6:00 – 6:14
Greg calling Bo and agreeing to put a $45 margin on some stuff.
gregmelton04032012.006.wav
19:35 – 29:53
Location:
Conversation with Greg Melton where they go through a lot of bids,
comparing competitors’ prices. They agree to lower prices down.
FILE FOLDER: DVD04
34:04 – 34:13
They discuss prices for Mahany and they confirmed they discussed
that previously with competitors to be $84 per yard.
34:55 – 35:16
Discussion on fuel surcharges and stated that Argos agreed with
other competitors concerning price ($84). Greg Melton discusses
competitor volumes and then says that he told Hugh Papy (Argos
commercial salesman) to quote Mahany $84 per yard.
42:18 – 42:34
Discussion on residential % (market or volume). While on the phone
they agreed for the job at Highway 84 and MLK
46:17 – 47:13
More discussions on price fixing and bids ($58 for Blaine County)
gregmelton04062012.003.wav
08:35 – 9:33
9
FILE NAME & LOCATION ON GOOGLE DRIVE
Location:
FILE FOLDER: DVD05
RECORDING DESCRIPTIONS
Phone call with Scott where he confirms their standard prices at $86
for account customers in Boulder. They confirm to him that their
prices were better ($78) and went up to $84. He then calls Tommy to
inform him that Scott will price at $84 with standard fueling, and
that he can do at $84. He also confirms the $16 on fuel charges for
truck.
18:16 – 20:54
Phone call with Terry to let him know price increase letters went out
in January and February. Everybody got one, including J Baird. He
also confirms the fuel increase letters went out last week. He says
they will start monitoring to try to get the prices up. He confirms
that they went up from $78 to $84. Preferential pricing for him. Fuel
is at $16.
at-107801_1962_filson.004.wav
00:10 – 01:47
Location:
Trey and Tim met and conversation mentions that Mark Turner has
also met with Fred Williams. They confirm Mark is buying cement
from Holcim. It seems that Trey and Tim didn’t know. They
discussed a project re a College facility and how they could have had
it if they bid a couple of bucks down.
FILE FOLDER: DVD06
04:17 – 04:27
Jim says Bo Strickland (Evans Concrete) told Jim Pedrick that he has
not quoted anything under $88 a yard and that Greg Melton said we
(Argos) are at $86 with a fuel surcharge which makes us $88.
Melton05012012.019.wav
00:01 – 03:23
Location:
They mention how they met with other Defendants and discussed
price lists. They started from April and he confirms that $88 is their
number. For Savannah they say they start with $86, and for
Statesboro at $88. This is just a base number for everyone to have a
FILE FOLDER: DVD07
10
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
reference. They also discussed how environmental and fuel charges
are also included in the price.
00:46 – 4:33
He discussed how they have come so far from where they were, and
how different they were on every line with fuel surcharges and
pricing.
04:47 – 5:25
From an operational point of view, they discussed how the best way
to achieve this is by exchanging phone numbers of the salespeople.
8:43 – 09:13
They discussed that if they get somebody above the agreed price,
they would send a price increase letter.
09:25 – 09:44
They confirm $3 on environmental fees and $15 on fuel surcharges.
13-15 - 13:51
They now have some pricing guidelines to put in front of other
defendants, so they have a price list they can print out and they know
what to quote.
16:54 – 18:04
They discuss truck following, in particular Jason to try to take them
out of Savannah and pick up Coastal.
dvd08.1962.029.wav
01-44 – 02:25
Location:
11
FILE NAME & LOCATION ON GOOGLE DRIVE
FILE FOLDER: DVD08
RECORDING DESCRIPTIONS
They confirmed they were following Mayson trucks and they later
met with Gary and Terry because they needed some more volume.
02:28 - 03:03
The customer confirmed that they were the only ones charging them
a fuel surcharge. They discussed how David got them $78 with fuel.
Chris tells Greg Melton that V.B. will give Argos the business for
Jerry Wardlaw Homes and Slade Sykes (homebuilder in Hinesville) if
Argos matches Elite and Mayson's price around $78 a yard with no
extras (fuel surcharge and environmental). Greg Melton says he has
talked with David Melton and that David Melton is not cutting V.B.'s
price on extras. Greg Melton tells Chris to take David Melton to
lunch.
4432.017.wav
0:00–end
Location:
FILE FOLDER: DVD09
This entire recording (13 mins) is about Chris talking to a customer
about what happened with them at a previous bid with Greg and
Gary together with other defendants. The customer complaints and
confirms he knows about the conspiracy between the Melton brothers
and other defendants in the market to fix prices.
4432.007.wav
0:00–end
Location:
The short recording is a conversation with Jim where he confirms to
Chris that Mayson is coming down to $67 on a highway job in
Statesboro and how upset Bo Strickland is going to be.
FILE FOLDER: DVD09
4432.023.wav
0:00-end
Location:
FILE FOLDER: DVD10
Discussion on the Rucker three job, twenty-five hundred yards.
Jim Pedrick also discussing that Bo Strickland (owner of Evans
Concrete in Statesboro, competitor) called Greg Melton because he
12
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
wants to sit down and discuss upcoming jobs. Jim says that Bo told
him that there is a lot of work coming up in Statesboro and that Bo
wants to make sure everyone gets their share.
Chris confirms they will quote any job at $86.
Jim says Bo is interested in partnering with Argos on sand. He wants
to sit down with Greg and divide jobs but that it’s not right and
Greg's not comfortable with it.
dvd11.1962.073.wav
00:01 – 10:00
Location:
Precision Concrete––a large Atlanta customer–– calls Greg Melton
and asks him to match Coastal Concrete's price on a job in Savannah.
Greg asks if there any way he can get a copy of the Coastal quote?
Greg says Coastal is always lower but claims we are lower so Greg
ends up matching them. Greg said he catches flack about Coastal but
this way he can tell his boss he did not cut price. Greg says they can
meet up in Savannah for Greg to get the Coastal quote so they do not
have to fax or email it.
FILE FOLDER: DVD11
56:44 – 56:57
dvd11.1962.070.wav
Chris asks Greg where he wants to price MAC Concrete on the Villas
at Courtney Station job, a 5,000 yard job that Elite quoted at $77 a
yard. Greg does not give Chris an answer.
Jason Townsend calls Chris to tell him he videotaped and recorded
Greg Melton discussing his meeting at Sunshine with David Melton.
Location:
FILE FOLDER: DVD11
dvd11.1962.060.wav
00:01 – 08:06
Location:
13
FILE NAME & LOCATION ON GOOGLE DRIVE
FILE FOLDER: DVD11
RECORDING DESCRIPTIONS
Andy Stankwych emails Greg Melton wanting Tommy Waters to
sign a Coastal quote that Tommy obtained. Tommy does not want to
sign it and Greg says it is to cover Tommy's ass but that Andy is
paranoid. Tommy says he got a copy of the quote because Greg told
him to get it and Greg would match the price. Greg emails Chris and
asks if Tommy needs to go through antitrust training again.
13:52 – 15:46
Tommy eventually caves and signs it. Greg told Chris and Tommy to
make sure that if anything goes down they didn’t get the quote from
a competitor, but from them directly.
dvd11.1962.062.wav
0:01–3:15
Location:
Young having whispered conversation with Erin. Difficult to discern.
It sounds as though David Howard and Joseph know that there is
illegal activities are occurring and that something is going to be
done.
FILE FOLDER: DVD11
The Company was upset because they lost a good customer. David
Melton/Elite is mentioned.
4:26–6:35
Young says that if “Joseph” knows then a lot of people know.
Conversation refers to Argos wanting Tommy to sign the quote
because in order to avoid any liability. Reference to the fact that Greg
and others is engaging in illegal antitrust activities.
dvd11.1962.057.wav
0:00-end
Location:
FILE FOLDER: DVD11
Jason Townsend telling Chris he was following trucks out of the
Coastal plant. He confirms Elite and Coastal trucks poured together
at Colonial Oil.
dvd11.1962.052.wav
00:01 – 00:40
14
FILE NAME & LOCATION ON GOOGLE DRIVE
Location:
FILE FOLDER: DVD11
RECORDING DESCRIPTIONS
Greg Melton calls Chris after his meeting with David Melton. Greg
says David Melton had Slade Sykes priced higher but dropped it to
match Coastal and now has Slade priced at $80 a yard with a $10 fuel
surcharge. Greg goes on to tell Chris to price Slade at $82 to $83 a
yard and a fuel surcharge.
01:02 – 01:21
Chris mentions they have been following Elite’s trucks.
dvd11.1962.046.wav
0:00-end
Location:
Chris asks Greg Melton where he wants him to price Slade Sykes.
Greg Melton tells Chris he is meeting with David Melton in the
morning to discuss.
FILE FOLDER: DVD11
dvd11.1962.043.wav
00:01 – 12:25
Location:
FILE FOLDER: DVD11
Conversation with Tommy Waters then Greg Melton joins the
conversation. Greg Melton tells Tommy Waters and Chris that
David Melton is pissed because Mayson Concrete hired Elite's
dispatcher, Brent. David Melton told Greg Melton that if Brent takes
one of Elite's customers to Mayson that David Melton will call the
law. David Melton said he is getting his VB business back.
12:59 – 27:24
Greg Melton tells Tommy Waters to e-mail David Black (Head of
Sales for Argos, Pat Mooney's right hand man in Atlanta) and tell
David that Argos believes they are $2 a yard less than Evans
Concrete for our quote on the Juneau Georgia Southern Biology
Building.
Chris asks Greg Melton where he wants him to price Slade Sykes (a
large builder in Hinesville and an Elite customer, who called him for
15
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
a quote) and Greg tells him to wait until Greg Melton talks to David
Melton first.
dvd11.1962.045.wav
00:15 – 01:01
Location:
FILE FOLDER: DVD11
Conversation with Tommy Waters. He and Chris discuss about
conversation above (See dvd11.1962.043): Mayson Concrete hired
Elite's dispatcher, Brent. David Melton told Greg Melton that if
Brent takes one of Elite's customers to Mayson that David Melton
will call the law. And that Argos believes they are $2 a yard less than
Evans Concrete for the quote on the Juneau Georgia Southern
Biology Building.
01:10 – 06:00
Tommy is upset about Greg Melton's cell phone conversation with
his brother David Melton and them exchanging sensitive
information. Chris mentions as an example Slade Sykes. Tommy
states it is not sustainable and that they will get caught. Chris tells
Tommy to make sure he keeps his nose clean and continues to do the
right thing.
10:01 – 11:30
Chris tells Tommy how Erin and other employees in sales already
complained to him about how Greg and David are fixing prices and
how afraid they are of losing their jobs. Chris says that this is not
sustainable, and he is not going to jail for any of them. Tommy
describes how Greg Melton was on the phone with David Melton
today telling David what jobs and customers they have.
dvd11.1962.039.wav
0:00-end
Location:
Erin Davis calls Chris to discuss her conversations with Tommy
Waters where Tommy told Erin that Greg Melton and Bo Strickland
16
FILE NAME & LOCATION ON GOOGLE DRIVE
FILE FOLDER: DVD11
RECORDING DESCRIPTIONS
met and divided up jobs. Erin said Tommy feels like he is not needed
because of the price fixing.
dvd11.1962.041.wav
0:00-end
Location:
FILE FOLDER: DVD11
Erin Davis calls Chris to discuss the possibility of creating a fake
email account and letting someone know about the price fixing that is
going on.
dvd11.1962.032.wav
00:58 – 06:14
Location:
FILE FOLDER: DVD11
Hugh calls Chris to tell him about Greg discussing recent pricing
with his brother David Melton. David told Greg that Mahany (large
customer for Argos and Elite) is playing games and that David (Elite
Concrete) priced the job with Mahany .50 cents a yard cheaper on the
LMI Warehouse Phase II job than Argos priced the job.
dvd11.1962.029.wav
02:37– 08:33
Location:
Chris explains to X how Greg asked him to meet with his brother
David two months ago re Pat Mahoney. He said that in the past he
cut him on prices. They met at Hooters and ended up discussing price
fixing. Chris thinks he tried to get him involved in their illegal
sharing of sensitive information and price fixing. Chris also mentions
that it’s exactly what they also did with the Biology Building.
FILE FOLDER: DVD11
09:32 – 09:52
David tells Chris at that meeting that he reached an agreement with
Greg for $86 but has to sell fifty-two hundred yards a month to keep
his job. He also says he is dropping prices from July 1st.
10:43 – 11:59
Chris also mentions how Tommy afterwards told him that Greg was
in Statesboro meeting Bo Strickland to discuss jobs. Before that
17
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
meeting Greg asked Tommy to write down every job Argos won in
Statesboro and every job that Evans won in Statesboro. When he
came back from the meeting, Greg sat down with Tommy and Chris
and confirmed Argos was getting the GSU dinning facility because
Bo was going to quote $2 higher than Argos. In return, Greg was
going to quote $2 higher in another big project re apartments called
the Islands. They were dividing jobs.
12:16 – 13:00
Chris mentions how Greg told him that he and Andy also met with
Trey Cook (Elite) and decided to price up together with Troy Baird.
They were talking to Coastal about getting prices up.
16:00 – 17:30
Chris explains how Greg also discussed Argos’ weekly activity report
the night before with David Melton and that David was bidding on a
job that Argos did not have on Argos’ weekly tracking report
(Islands). Greg also told Chris and Hugh Pappy about the pricing
conversation Greg had with his brother the night before. Greg told
them that if Argos lost the job to Elite, Greg knew Argos lost it by
.50 cents.
dvd11.1962.009.wav
0:02–0:35
Location:
FILE FOLDER: DVD11
dvd11.1962.005.wav
Conversation may relate to recording dvd11.1962.006.wav. In other
recordings Young and Tommy have conversation with X concerning
the high prices that can be charged in a particular market (I.e., $91 or
above) or that “pricing had been worked out”. (See
dvd11.1962.004.wav). In dvd11.1962.005.wav, Tommy states that
he wants to quote a customer in this market $88. This conversation
seems to indicate that X has disregarded Tommy’s quote and the
quote price is at $90. Market might be Charleston.
0:14–1:52
18
FILE NAME & LOCATION ON GOOGLE DRIVE
Location:
FILE FOLDER: DVD11
RECORDING DESCRIPTIONS
Tommy and Young talking about pricing a job. They talk about a
prior conversation with X that in this market they had the price
“worked out” and they could charge higher prices (I.e., around $91).
Tommy says that he doesn’t want to quote the potential customer
more than $90. Tommy decides to quote the customer $88.
dvd11.1962.004.wav
0:58–1:08
Location:
FILE FOLDER: DVD11
Discussion about pricing of concrete in some market. X states that
pricing is going the right direction (I.e. high) because Argos has
figured out pricing there.
6:40–7:01
Young said that “David” (Melton?) was moving to Charleston in
order to take out Mayson.
dvd11.1962.001.wav
13:40–13:48
Location:
FILE FOLDER: DVD11
Young asks X the reason why ”Andy” came down and stated that
Argos was keeping that “top secret.”
3971.026.wav
1:13–4:00
Location:
FILE FOLDER: DVD12
Discussion concerning price fixing and conversations between Evans
(Bo Strickland) and Argos (Greg Melton) for Statesboro market.
There is an admission by speaker that he knew that Greg had directly
19
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
worked to price fix with a competitor to ensure that “no money was
being left on the table.”
3971.027.wav
0:02–10:02
Location:
Young refers to prior conversation (See 3971.026.wav). Discussion
states that Greg wants Pedrick to deal with Bo Strickland to price-fix
in the Statesboro market. Young states to Tommy that they should
“keep their nose clean” and especially in light that there is open
illegal activities going on. Admission by Tommy of prior instances of
Greg talking to competitors and engaging in illegal activities.
FILE FOLDER: DVD12
At 7:34–7:47- Young mentions that he is facing evidence of pricefixing in Hinesville and that VB was trying to tell Young how to
price jobs in that market.
3971.034.wav
0:05–6:47
Location:
Conversation between Young and Tommy.
FILE FOLDER: DVD12
Bo called Pedrick that Lavender told him that Argos cut the price in
Statesboro. This ended up being a lie because no quote was given by
Argos. Pedrick confronted Greg about Argos undercutting prices in
Statesboro, rather than going to Young or the other salespersons to
first check on whether a quote was even given.
Young mentions that Pedrick’s price fixing is hurting Argos’ jobs.
Tommy seems to agree that price-fixing was occurring.
Pedrick told Young and Tommy that in Statesboro they are to quote
$88––which is the price that Evans (Bo Strickland) stated they should
be quoting at.
3971.031.wav
1:04–4:37
Location:
20
FILE NAME & LOCATION ON GOOGLE DRIVE
FILE FOLDER: DVD12
RECORDING DESCRIPTIONS
Discussion about Aspen Heights job––it is stated that Bo thinks he
has an “inside shot” at the job and they were going to quote $88 on
all the jobs.
There is admission by the speaker that there was no discussion about
allocation of jobs, but they just talked about price (might be Bo
Strickland on phone).
3971.030.wav
0:12–1:48
Location:
Conversation between Young and Pedrick
FILE FOLDER: DVD12
Pedrick said that Bo told him not to go less than $88 in Statesboro
jobs and that on other costs (fuel and environmental) Evans will
follow them. Pedrick states that Evans terms will be identical to
Argos.
3971.025.wav
8:02–13:50
Location:
It sounds to be a conversation between Tommy and Young. Tommy
states that there was an 8000-yard job that Tommy thought Argos
had. Pedrick seemed to state that Tommy should leave the job alone
or that the job would be going to some “third party”.
FILE FOLDER: DVD12
Tommy and Young acknowledge that what Greg, Bo, and Pedrick
were doing was illegal––and that dividing up jobs was detrimental to
Argos’ salespersons because they were losing out on making money.
Young states that David Howard knows about the illegal activities
but does nothing.
dvd14.3971.016.wav
0:04–33:05
Location:
Think it is conversation between Tommy and Young.
FILE FOLDER: DVD12
21
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
Tommy states Greg gave him a call and was asking about jobs in
Statesboro.
Tommy indicates that competitors in the Statesboro market are
divvying up jobs illegally. The Aspen Heights job is being targeted.
Young states that Pedrick told Young he was going to meet with Bo
and they were going to divide up jobs.
(4:30)–Young states that Greg has asked Young to send information
to his brother.
(4:45)–Young states that the top brass of Argos––Pat Mooney, know
what is going on. Young states that he does not believe Mooney’s
superiors know.
(5:35) – Young stated that the $86 number was discussed between
“Andy” and Trey Cook.
(7:40) - Young states that he has an email between Hugh and Greg.
Hugh threatened to report and expose illegal activities between
Argos and Elite. Young says that Greg told him to go to his brother
and David “how much money he left on the table.” Young suggests
that they should give evidence of illegal activity to David Howard.
Tommy said that David Howard would be trustworthy.
3971.012.wav
0:50–3:06
Location:
FILE FOLDER: DVD12
Young discusses Statesboro projects with someone (“X”). X states he
is going to talk with Bo to discuss these projects. Young tells X that
Argos has the “big job” and the next one was going to be Bo’s. Young
also mentions that Chip Hussey was involved in the market
allocation.
(2:30)––X states that Bo thinks that Aspen Heights is his.
22
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
4:30–5:48
Discussion about David Howard’s new role. Bo says that Howard was
frustrated because Argos bought something to destroy it (Perhaps
Howard’s old company). Discussion of cement and ready-mix
markets.
5:50–7:20
Young stated that Greg Melton killed Argos on a job. Additionally,
X states there will not be a price increase in light of cement price
increase letters.
13:30 - 16:00
X (Greg?) states that Bo wants to meet to talk about Statesboro and
that X will let Young know what Bo says. X states that he thinks Bo
has an in for the apartments (Aspen Heights). Discussion of various
projects in Statesboro.
20:23–21:55
Discussion about “John” - Greg (?) states John never gets a quote
from Argos. It sounds as though Greg and John had a strong
relationship, but once Giant undercut the price by $16; and now when
Argos gives John a quote, he shows it to Giant.
1962.024.wav
15:26–17:06
Location:
Young and Pedrick (?) discuss Greg and David Melton (?) pricefixing a job. There apparently was an agreement that David went
against.
FILE FOLDER: DVD13
23
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
17:39–20:35
Discussion about Elite and that Greg doesn’t call David in front of
Young anymore. Discussion of meeting between Greg and David
Melton.
(20:35) - Admission of knowledge of Greg’s illegal conduct.
1962.029.wav
Location:
The recording appears to be a meeting with the contractors for the
Aspen Heights job. Discussing plants, trucks, equipment and
personnel in Statesboro.
FILE FOLDER: DVD13
15:15–22:20
Discussion with customer (Aspen Heights) concerning job and
pricing of job. Evans is mentioned as one of the competitors that
would be pricing the job as well.
(17:38)–Aspen Heights states they have a price already at $84. Greg
asks whether the quote was from Mayson.
(18:36) - They state that only Evans and Argos could handle the
Aspen Heights job.
23:56–27:19
Discussion of other competitors’ prices. Greg (?) states that he bets
that Evans quoted $86. May indicate knowledge of what Evans
agreed to quote for the Aspen Heights job.
1962.034.wav
0:07–11:23
Location:
FILE FOLDER: DVD13
Tommy and Young are talking about a call Tommy had with Greg
Melton. Pedrick is becoming more and more involved in the sale
24
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
quotes in the Statesboro market. Tommy states that Pedrick is
talking to someone at Evans about the Statesboro jobs.
Discussion about various jobs and market allocation between Evans
and Argos.
(3:03) - Tommy mentions the “scorecard”.
(4:53) - Young relates a conversation between himself and Pedrick
where Pedrick said that him and Greg went to Evans to offer an
explanation for why Argos was giving a customer a low price.
Question of whey Evans is owed an explanation.
12:22–14:55
Young mentions that Pedrick requests infomraiton about prior jobs
won. Tommy mentions again that Greg and Pedrick were reviewing
the scorecard.
1962.048.wav
Starting 0:14
Location:
Discussion about price increase letters – competitors up $8.
FILE FOLDER: DVD13
Jim Pedrick mentions that Elite is going up $8 – but that the letter
has not been sent out yet and would be issued later in the week.
(1:25) – Pedrick asks what Young quoted on the apartments in
Statesboro (Aspen Heights). Pedrick said Bo (Evans) said the
customer had given a low price quote given by Argos. Discussion
about the relative pouring of concrete between Argos and Evans.
Pedrick said he gave the volume of pours for Evans to Greg.
1962.031.wav
1:18–2:10
25
FILE NAME & LOCATION ON GOOGLE DRIVE
Location:
FILE FOLDER: DVD13
RECORDING DESCRIPTIONS
Discussion of a Ready-Mix Association in Charleston. It sounds like
anticompetitive actions taking place. It was stated that “Adam”
learned from the meeting at the association that he was pricing
things around $10 lower than the competition. Conversation
suggests competitor discussion of prices and possible illegal
coordination of competitors in Charleston.
1962.021.wav
2:16–8:05
Location:
Greg Melton receives call from “Caleb” and begins drafting email
about Hilton Head job. Discusses particular job and states that
Coastal is cheaper in price than it should be on its bid. Melton seems
to be dictating the email he is writing.
FILE FOLDER: DVD13
(4:53) Melton starts emailing about Statesboro and mentions the
“scorecard” - which he says he is going to attach to the email. States
that pricing has ranged from 86 to 88
dvd14.3971.002.wav
00:11–1:30
Location:
Pedrick relaying information concerning truck headed back from
Hinesville.
FILE FOLDER: DVD14
Price Increase Letter––Pedrick says he’s received information about
price increases: David [Melton] is up etc. Says that Evans never puts
out a price increase letter but they are going up. Pedrick says that
David is going up $8 in January
dvd14.3971.009.wav
2:52–14:20
Location:
FILE FOLDER: DVD14
Report on market share and market information update; profit
margin for Argos. Talking about competitors (starting 6:00) Evans
and what their market share is.
26
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
(starting 7:30) - Stating that the profit margin is critical this year
and there was some discussion with someone about what the price
increase should be. Possible price-fixing and/or market allocation.
(starting 8:30-11:00) - Stating price is critical––that Argos
sacrificed the market. They say that everyone needs to get together
to coordinate price increase or to review prices of competitors to
determine how to manage their margins.
(starting 12:50-14:20)
Speaker discusses an $8.00 price increases and indicates the
anticipated price increases of others in the market.
24:10–25.10
Following trucks. Hugh followed Coastal trucks.
26:20–27:20
Discussion about price increases. Someone states that Robert Wagner
called and stated that his brother gave information concerning price
increases––particularly from Baca.
37:30–38:40
May involve coordinated mark up on product between competitors.
States that they are going to send things to “Greg” and that they are
going to invite them to one of their meetings.
40:07-42:00
Discussion of “Won/Loss” Report.
1:04:03-1:06.26
27
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
Discussion about going up on bids. There is a statement about the
“ultimate test” will be if everyone gets on board with price increases.
Issue with there being lean months in the market.
dvd14.3971.016.wav
(Starting 4:14 – 5:03)
Location:
FILE FOLDER: DVD14
Discussion on bidding on jobs. Argos states that if Evans allows
Argos to get a job, Pedrick would request that Argos would allow
Evans to get the other job.
(Starting 8:03-8:54)
Discussion on Pedrick at Evans sharing price information with
Argos.
2013-10-28-20.33.06.EDT.mp3
Location:
FILE FOLDER: Upload01
HOT - 0:34-7:18. Call between Chris Young and Tommy Waters.
Reporting on job in Claxton for 80 yards. Tommy called Greg
Melton, who "confirmed he didn't want to go" and said something
about opening up a can of worms. Chris Young: "Y'all used to go
there [to Statesboro], right? You think it's all because of his
relationship with Bo?" Tommy: Yeah, yeah, it's what he said, he said
he didn't want to open that can of worms back up. Relationship with
Bo." Chris Young: "Pedrick came in last week and said Evans is
going up same amount - 8 bucks." Chris tells Tommy that this (the
$8) was the main reason why Argos wanted him to get Richmond
Hill and not Statesboro. Discussion about Statesboro being blacked
out- no point in going up there. Chris Young recounts meeting with
Bo. "I remember when we first combined, him telling us he met with
Bo and he told us what we were thinking, and I thought, there's no
need to go there. It's the same thing in Hinesville, just a different
competitor. $96 (with fuel surcharge).... are we just legally not
allowed to go there? I guess Bo just threatened him on cement. They
28
FILE NAME & LOCATION ON GOOGLE DRIVE
013-11-01-10.58.17.EDT.mp3
Location:
FILE FOLDER: Upload01
2013-10-11-10.53.16.EDT.mp3
Location:
FILE FOLDER: Upload01
2013-10-17-09.33.10.EDT.mp3
Location:
FILE FOLDER: Upload01
RECORDING DESCRIPTIONS
just got something worked out there." ... Chip and Mike had dinner at
Tommy Strickland's house.
HOT: Chris calling Pedrick to discuss a phone call from Jason Wells
re Savannah Ready Mix price increase letter going up $8. Mark
Turner is considering Argos and Coastal Price Increase letters.
Evans had a price incerase letter alreday and Elite is going to put
another price increase letter too.
0:00-1:49. Jason Wells called someone [Greg Melton?] about price
increase. Taking our letter and Coastal letter's by Mark Turner's
office today. Chris Young: They'll probably go up by $8 then?
Response: "Yes. /// Caller says that Elite is going to put out a price
increase letter too, and Evans has got one out. Chris Young: I know
Turner is sticking to residential, but if he went up, that would make
it a lot more competitive. "He's coming out with one, I'm going to go
by there today."
HOT: 0:00-1:14 (entire thing). Phone call between Chris Young and
Jim Pedrick. Chris Young tells Jim that Argos' price increase letter of
$8 is out. Asks Jim if any other competitors have put price increase
letters out. Jim says hasn't heard, but is having breakfast with Coastal
next Thursday, so will find out then. And Jim will talk to David
again because David told Jim they had one coming out. Says that
Chris won't see one from Turner or "the other guy." Jim says Elite
and Evans will put them out and Evans is going up first of the year
when cement price goes up.
HOT: Chris calling Pedrick to let him know they just received
Coastal price increase letter (September 28 for $8). Jimmy tells him
that he wants a copy to show it to Mark Turner. Chris tells him that
he is woriried about what Elite is going to do and is not concerned
about Mark Turner because he stays pretty much residential. Jimmy
asks Chris to make him a copy of their price increase letter because he
wants to show it to David Melton and Mark Turner.
0:00-1:52 (entire thing). Call between Chris Young and Jim. Bill
Meyer, who works for Ag USA, came by Chris Young's office to drop
off Coastal's price increase letter for $8, dated Sept. 26. Jim is coming
by Chris Young's office to grab a copy of Coastal's letter for Mark
29
FILE NAME & LOCATION ON GOOGLE DRIVE
2013-10-17-10.30.40.EDT.mp3
Location:
FILE FOLDER: Upload01
2013-10-18-08.56.52.EDT.mp3
Location:
FILE FOLDER: Upload01
2013-10-21-14.19.59.EDT.mp3
Location:
FILE FOLDER: Upload01
2013-10-24-10.26.03.EDT.mp3
Location:
FILE FOLDER: Upload01
RECORDING DESCRIPTIONS
Turner and David Melton, and to grab a copy of Argos' price increase
letter for David Melton.
HOT: Chris Young is returning Jim Pedrick's call and he tells him he
was just on the phone with Bo to let him know they have received the
Coastal price increase letter ($8). Bo told him that they were also
writing theirs for the same amount ($8). He also mentions that he had
a word with David Melton.
0:00-0:37 (entire thing). Call between Chris Young and Jim Pedrick.
Jim just got off phone with Bo Strickland. Jim told Bo they did not
have a Coastal's price increase letter. Bo and Drew were writing
theirs at the time of Jim's call. Coastal is going up by $8 and will get
it out soon. Jim is going by Chris Young's office to "pick those things
up." Jim will take to David Melton's plant.
HOT: Pedrick is giving Chris a call back and confirms he has
received Argos' price incerase letter. He has distributed to everyone
except Mark Turner. Everyone except Mark Turner has talked about
it and is going to put a price increase letter for the same amount ($8).
0:00-0:27. Call between Chris Young and Jim Pedrick. Jim:
"Everybody I've talked to with the exception of Mark Turner is
going to put a letter out ... 8 bucks."
HOT: Chris calling Pedrick to ask him whether he has talked to
David Melton. He confirms he has and following Coastal price
increase letter, they will put a price increase letter effective January
1st.
0:00-0:44; 1:18-1:24. Call between Chris Young and Jim Pedrick.
Chris asks Jim if David Melton got back to him re: price increase. Jim
says $8 price increase on January 1. "So he's going up the same time."
HOT - 2:22-5:20. Chris calls Pedrick and they discuss a social event
in town at night that some local construction companies will attend.
Chris Young asks Jim Pedrick if Elite or Evans put price increase
letters out. Jim: "I'll see if I can get in touch with David [Melton]
today. I thought he might be at Hinesville plant, but no one's there.
Last month, total, he bought 400 tons of cement for Melgrum(?)
30
FILE NAME & LOCATION ON GOOGLE DRIVE
2013-11-08-10.31.19.EST.mp3
Location:
FILE FOLDER: Upload01
013-11-12-13.26.15.EST.mp3
Location:
FILE FOLDER: Upload01
2013-11-14-14.56.46.EST.mp3
Location:
FILE FOLDER: Upload01
RECORDING DESCRIPTIONS
plant ... I did see Mark Turner, and he's busier than a one legged man
in an ass kicking contest." Jim says Evans is coming out with a letter
in January, and that Mike and Kip(?)/[Chip Hussey?] had dinner
with Bo and Tommy Strickland the previous Thursday. Jim says
David Melton says he's going up in price; and Bo and Drew have
been also preparing a price increase letter.
HOT - 0:00-4:30. Call between Tommy Waters and Chris Young.
Tommy tells Chris that Elite was pouring up in Statesboro this
morning for Varnedore/VB. Chris: "He told us he switched...I don’t
have a problem with that, he told us he was." Eagle got Wild Wings.
Normally those guys buy from Evans. Tommy called Elmer, Elmer
heard that Eagle had been lower than Elmer Discussion of Eagle
pricing. Tommy: "We update it [pricing] monthly, but wanted to
give you a heads up on it." Chris Young: "Man, we have got to get
one of their price increase letters." Jim [OR Tim?] said he talked to
Bo the other day and Bo told him he put out the letter. Tommy:
"Even Elmer mentioned it, that they're going up. No numbers
discussed." Chris Young: "Jim said they went up $8." Tommy:
"Elmer didn't give me no number, but wondered what Eagle concrete
was going to do when they went up." That's what I'm scared of, if
Eagle does good work on this (first commercial work), will give them
a better hold on their business."
HOT - 00:00-03:28 (entire clip) - Call between Chris and Pedrick to
discuss a job on Highway 80, next to the tire store. Pedrick confirms
that Bo put a price increase letter out. Probably also Elite but he
doesn’t know about Turner. Pedrick also mentions that Elite doesn’t
have enough cement to do much (only twelve hundred yards last
month): "Elite's not buying enough cement to do much … talked to
Jimmy (Total) and found out what he bought from him". Chris asks
Pedrick whether Elite can buy more cement from Holcim.
HOT - 00:00-01:49 (entire clip) - Pedrick called Chris about Argos
pouring in "Hagin" up in "Claxton" (Detention Center Job). Chris
states that he didn't know anything about it. Pedrick states that
Evans is upset and that they will come back to Statesboro and take a
job that Argos thinks they are going to get. Chris and Pedrick
discuss that Tommy Strickland saw Argos trucks at the Detention
Center; Pedrick says Evans still has to buy cement from him but that
31
FILE NAME & LOCATION ON GOOGLE DRIVE
2013-11-14-15.11.02.EST.mp3
Location:
RECORDING DESCRIPTIONS
Young can expect Evans to try to take something in Statesboro in
retaliation
HOT- 00:00-00:47 (entire clip): - Chris following up with Pedrick
about the detention center job (i.e., prison job). Tommy [Strickland]
from Evans was complaining and told Pedrick that he saw multiple
Argos trucks heading to the job close to the Evans plant.
FILE FOLDER: Upload01
2013-11-14-15.27.50.EST.mp3
Location:
FILE FOLDER: Upload01
2013-11-14-15.38.15.EST.mp3
Location:
FILE FOLDER: Upload01
2013-11-14-15.42.33.EST.mp3
Location:
FILE FOLDER: Upload01
HOT - 00:00-01:54 (entire clip) - Call between Chris and Tommy
[Waters]. Chris tells Tommy that Argos "upset the apple cart" and
Pedrick was upset that Argos received a job for a detention center
[and/or that Argos was serving work at the Claxton Poultry plant];
and the Pedrick said that the job should have been Evans. Chris notes
that Pedrick said that Tommy [Strickland] from Evans was
threatening and likely going to take a job from Argos that Argos
thought they were going to get.
00:00-01:54 (entire clip) - TC with Tommy Waters: Tommy
Strickland complaining to Pedrick about Argos services Claxton
Poultry plant; Strickland threatening to take some work from us.
HOT - 00:00-02:17 - Conversation with Tommy [Waters] about the
detention center job (24.5 yard)(the job that Evans was angry about),
which Tommy mentions Argos was approached about. Chris was
getting information to tell Pedrick about the job that Argos got close
to the Evans plant. Chris and Tommy are frustrated that Pedrick is
telling them that they can't get jobs close to other concrete
company's plants when Evans and Elite have bid and recieved jobs
near their plant. This provides evidence of market allocation.
HOT- 00:00-01:28 (entire clip) - Call between Chris and Pedrick
discussing a "detention center" job. Pedrick tells Chris that he needs
to talk with someone from the plant and let them know that for this
job and others like it should be going to Evans. Pedrick references an
agreement that seems to be between Argos and Evans concerning the
allocation of jobs in relation to the distance from their plants. Chris
states that Pedrick should follow up or talk with Greg to let him
know whether anything needs to happen. Pedrick mentions that he
32
FILE NAME & LOCATION ON GOOGLE DRIVE
2013-11-15-09.06.10.EST.mp3
Location:
FILE FOLDER: Upload01
013-11-15-16.33.45.EST.mp3
Location:
FILE FOLDER: Upload01
2013-11-18-12.56.23.EST.mp3
Location:
FILE FOLDER: Upload01
2013-08-30-10.56.05.EDT.mp3
Location:
FILE FOLDER: Upload01
RECORDING DESCRIPTIONS
will let "Bo (Strickland?) know that this detention center job "slipped
through the cracks".
HOT - 00:00-08:59 (entire clip) - Call between Tommy [Waters] and
Chris Young re: Market Intel on pricing. Discussion about a Dairy
Queen job that Mark Turner was bidding on. Tommy was told that
Coastal came in with a very low bid of $80. Turner could not match
the bid, but still got the Dairy Queen job. Chris notes that the $80 bid
was one that Argos had made against Turner for a job as well. Chris
believes that Coastal (perhaps Argos) was trying to squeeze Turner
in the market.
HOT - 00:00-01:04 (entire clip) - Chris and Greg Melton
conversation. Greg states that Andy was asking about whether Chris
had met with someone about the "pricing thing". Chris states that he
did have a conversation, where they decided that the "top 10" and $8
for everyone else. Chris states that this conversation about pricing
was just concerning the ready-mix side. "Jennifer" and "Elizabeth"
are mentioned as individuals that may have attended or received
documents related to the pricing meeting. Greg asks Chris to forward
to him and Andy information or notes from the pricing meeting.
Call between Chris and Tommy. Discussion about the bad concrete.
Tommy states that the concrete (used at Emerald Plantation) "dusts"
and Chris states that a number of customers/builders are demanding
that Argos rip up the bad concrete and replace.
HOT - Starting at 2:30 - Tommy starts discussing a customer in
Claxton that is going to be make a decision. Chris states that he does
not understand the "agreement". Tommy thinks the agreement
involves cement and further states that someone wants to
"monopolize the territory". Chris notes that customer in Claxton may
be frustrated because they can't get a fair price.
Call between Chris and Pedrick. Chris states that in Statesboro Argos
has lost more jobs than what Argos' share should be. Discussion
about various jobs in Statesboro.
HOT - 2:00-3:40 - Chris states to Jim Pedrick that Greg told hiim
that Holcim put out a price increase letter going into effect on
33
FILE NAME & LOCATION ON GOOGLE DRIVE
2013-08-26-13.18.41.EDT.mp3
Location:
FILE FOLDER: Upload01
2013-08-27-09.12.24.EDT.mp3
Location:
FILE FOLDER: Upload01
RECORDING DESCRIPTIONS
January 1, also mentions that Holcim, Giant and Cemex are going up
January 1. Pedrick said that Argos' price increase is going up midJanuary––this date was picked because of Argos lawyers setting the
date in light of the price increases dates of the cement market. At this
time, Pedrick says that he does not know the amount of the price
increase, but that he anticipates it will be $8 in light of the cement
increase letters. Jim says "Because Holcim, Giant, and Cemex are
January 1, our lawyers are saying we don't need to come out with one
that date [January 1], so they'll be looking at coming out with one
January 15 or something ... it's probably going be $8, because $8 is
what Holcim said."
HOT: Entire thing (0:00-2:41). Conversation between CY and
Tommy. CY ran into Jim Pedrick, who talked to Tommy Strickland.
$88 is the going price in Statesboro (Tommy told new competitor as
such)."Wasn't it supposed to be $92? That's what Greg told us to
quote, wasn't it?" Upcoming meeting with Greg and Bo.
HOT: 1:45-10:30. Tommy Strickland told Jim that price in
Statesboro is $88. Mentioned Evans job at stadium went for $88,
which is the same exact number as Argos. Competitor asked Tommy
to get price up.
HOT. 1:46-4:52. Call between Chris Young and Jim Pedrick. Jim says
Tommy Strickland said price in Statesboro is $88. The Brassfield &
Gorrie job and the Evans job at the stadium both went for $88. Argos
was also at $88. Discussion about new concrete company ("new guy")
buying cement COD from Lehigh. New guy called Tommy
Strickland and said "we can't make any money selling concrete for
what we're selling it for." Tommy replied "you should have learned
that the first time you were in business." According to Jim, the new
guy asked Tommy to get the price of concrete up. Jim says that if
price goes to $92-94 range, they'd be enabling new guy to stay in
business. Chris asks Jim if Argos is going up in January or April. Jim
says Holcim has letter out for January, Cemix has letter out for
January and April. Chris says he imagines Argos will also go up in
January: "If everybody else is, I imagine we are." Discussion of how it
was easier when everyone went up in April by $5 instead of January.
34
FILE NAME & LOCATION ON GOOGLE DRIVE
2013-08-30-10.56.05.EDT.mp3
Location:
FILE FOLDER: Upload01
bug_2013-09-19-12.00.32.EDT.mp3
Location:
FILE FOLDER: Upload01
RECORDING DESCRIPTIONS
Call between Chris and Pedrick. Chris states that in Statesboro Argos
has lost more jobs than what Argos' share should be. Discussion
about various jobs in Statesboro.
HOT - 2:00-3:40 - Chris states to Jim Pedrick that Greg told hiim
that Holcim put out a price increase letter going into effect on
January 1, also mentions that Holcim, Giant and Cemex are going up
January 1. Pedrick said that Argos' price increase is going up midJanuary––this date was picked because of Argos lawyers setting the
date in light of the price increases dates of the cement market. At this
time, Pedrick says that he does not know the amount of the price
increase, but that he anticipates it will be $8 in light of the cement
increase letters. Jim says "Because Holcim, Giant, and Cemex are
January 1, our lawyers are saying we don't need to come out with one
that date [January 1], so they'll be looking at coming out with one
January 15 or something ... it's probably going be $8, because $8 is
what Holcim said."
HOT: Discussion about Argos Cement shipments, volume, and
market in GA, NC. Chris and (Pedrick?) talking about price increase
letter. Chris states that Argos and the other ready-mix companies
issued a price increase letter, but that whether Argos follows that
increase depends on the market.
Starting 4:57 - Discussion about price increase letter price increases. I
believe he the speaker says that Tommy (Strickland?) says that if he
goes up $8 then Bo (Strickland?) goes up as well.
2013-09-26-11.56.07.EDT.mp3
0:00-5:54. Conversation between Chris Young and someone who
works for David Melton. Discussion of Atlanta market vs. North
Carolina. Chris: "what do you think will happen with next price
increase?" Other person: There's some people out for April, Some
people out for January. Chris: "Cuz Greg just put out a letter today."
"All the ready mix division is putting one out. Depending on what
the market does, we may go up in April." "Tommy says 'price goes
up $8, I go up $8"
HOT - Entire thing (0:00-1:26) - Chris Young tells someone who
works for Tommy Strickland [Jim Pedrick?] that on Monday Argos
35
FILE NAME & LOCATION ON GOOGLE DRIVE
Location:
FILE FOLDER: Upload01
2013-09-26-12.02.38.EDT.mp3
Location:
FILE FOLDER: Upload01
RECORDING DESCRIPTIONS
[Greg Melton] was going to issue/mail their price increase letters
($8). Pedrick states that Strickland wants to have a copy of the letter.
Pedrick stated that there are specific rules and laws that need to be
followed when recieving price increase letters. May be HOT if there
were price increase letters being exchanged prior Argos issuing
them. Chris Young doesn't have a copy of it, but says customers will
have them. Other person says, "There's certain ways legally we have
to handle it ... You gotta find it, sign it, who you got it from, and all
that."
Call between Pedrick and Chris discussing Elite going up on price.
Pedrick also notes "Ken ?" was going up, but that they don't compete
with anyone. Pedrick also notes that Martin (Marretta?)(Bullock
Concrete?) is having a hard time getting materials because of bad
credit history.
0:14-2:20. Call with Chris Young and Jim Pedrick. Jim tells Chris
Young that Evans and Tommy in Statesboro are going up on price.
Jim says Ken(?) in Thompson is going up, but "he doesn't compete
with anybody."
2013-10-04-10.44.09.EDT.mp3
Location:
FILE FOLDER: Upload01
HOT - Starting on 1:42 - Chris notes that Greg said that their price
increase letter will be sent on January 14. Pedrick then states that
they are going to be going up on January 15. Pedrick mentions that
these things are written up by lawyers nowadays. Might reflect
coordination of price increases.
Call between Chris and "Jim" (Pedrick). Discussion about a job that is
worth 12 million. Chris stated that Greg said that Argos price
increase letters would go out to customers later that week - Increase
of $8.
HOT - Starting at 0.51 - Pedrick states that "Mike" (Kanlic?) and
him were going to meet with the "Coastal Guy" (Troy Baird?) to get
a sense of what they are going to do in relation to price increases.
Pedrick says that Coastal is the "problem in the woodpile" or that
they have taken jobs at low prices. Pedrick asks Chris what Savannah
Ready-Mix and Elite are up to in the market. Pedrick mentions
36
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
Mayson and states that if Mark stays residential is not going to
screw thing up.
HOT - Starting at 2:30 - Discussion concerning the exchange and
discussion of various price increase letters from the market
participates. Jim states that he will get a copy and talk to David
Melton about his price increase letter.
2013-10-04-11.31.42.EDT.mp3
Location:
FILE FOLDER: Upload01
2013-09-09-11.30.31.EDT.mp3
Location:
FILE FOLDER: Upload01
Remainder of recording discusses the cement/concrete market and
potential or upcoming jobs.
HOT: Chris and Greg discuss pricing on jobs in Savannah. Greg
mentions David (Melton?) and that Argos can't service the customers
they have. Chris and Greg discussing going up $8––but that on this
job, because it is "Mahanny" (?) they will go up $5; but that everyone
else will be $8.
0:00-1:31. Call between Chris Young and Greg Melton. Greg
Melton: "I don’t think we want to want to be left at $88 or $89.
David's right around the corner and we can't service what we've got
now anyway." Chris Young: "Hugh said, 'I need a price right now.' I
said 'alright, send the JQR.' You want to go $89?" Greg: "If the job is
going to start in the next two months, I wouldn't go less than $89. If
it's going to go after that, then maybe $87, $88. But until we finish
the Alger(?) rigs over at Gulfstream, hell Todd's(?) run out of cement
3 times in the day. Chris Young: What do you want to do after
January 1, do you want to go up 8 bucks? ...or 5 bucks? Greg: I'm
okay going up by 5 bucks on this one, but make sure he understands
this 5 bucks is only because it's Moheny[?]. We're quoting 8 on
everything else unless me or you tell them different."
HOT: Chris talking to "Jim" (Pedrick?). Chris mentions that Greg
stated that there was an Argos Cement increase letter. Jim states that
the cement price increase letter is out. Jim states that this letter is
following other cement suppliers, including Cemex and Holcim, by
going up $8. Jim was going to drop off a price increase letter to Chris
later in the day.
37
FILE NAME & LOCATION ON GOOGLE DRIVE
Greg talking with Elite and Coastal [20170101.wav
Location:
FILE FOLDER: Upload01
Record_2016-06-28_13-33-46.mp3
Location:
FILE FOLDER: Upload01
Record_2016-04-27_09-01-57.mp3
Location:
FILE FOLDER: Upload01
RECORDING DESCRIPTIONS
0:24-2:11; 6:00-6:26. Call between Chris Young and Jim Pedrick.
Chris Young tells Jim that Greg said there is an Argos Cement price
increase out. Jim said he sent one to Greg before it "hits the streets."
Jim says Argos is following, and not leading. Everyone is going up by
8 bucks. Cemex and Holcim also going up by $8. Cemex going up
another 5 in April, for a total of $13. Chris Young asks if he's going
up in just January or also in April. Jim says they are going out
January 15 and that's all he knows so far. Jim says he's going to drop
off a price increase letter on Chris Young's desk.
HOT - Entire recording (0:00-3:27) - Conversation between Greg
Melton and Chris Young. Call concerning "Seppy" [Sepi?] (Argos
Customer) who told David Melton that Argos priced him very low
($79) for a job and wanted to see whether David could beat it. Chris
tells Greg that Argos never priced "Seppy" so the customer is
playing David. Greg states that Coastal has called Argos that they
are the "whores" of the market, or the cheapest. Chris states that the
lowest prices in the market are coming from Mayson. Chris and Greg
decide to price Seppy at $87 and Greg tells Chris to tell Hugh to
quote that price, because Sepi is "playing" David. Discussions of
Coastal calling Argos "hoarder" of the market. May be evidence that
David and Greg discussed pricing and acted on such information to
allocate a customer.
Recording starts around 6:00. Sounds to be a Argos budget, price,
and market report meeting.
HOT - 9:15-12:50. Internal Argos accounting presentation re:
budget, volume, profit margins, EBITA, etc. "The market didn't see
any price increase. We can tell a story where it's pretty obvious we
did the right thing in terms of holding up the price, it's also obvious
we lost a lot of market share in doing so."
Phone conversation concerning Argos strategy in the market. Argos
decides that they will focus on Commercial.
HOT Starting at 3:47 - Speaker starts to outline Argos' "short term
strategy" - which is to create a little chaos in the market. In
particular, Argos wants to target and get the job near Elite's plant sales team instructed to get that job no matter what. Further,
Speaker states that they want to target Elite's residential market.
38
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
Chris mentions that they are going to need to make connections with
finishers in order to get into the residential market and begins to
outline various finishers Argos should target to make inroads back
into residential.
Starting at 8:15 - Speaker mentions "Hussey" and wants to know
whether he uses Elite. Chris notes that Hussey and Elite/Troy are
pretty close. Speaker states that they want the sales team to starting
going after Elite's customers.
HOT - Starting at 13:27 - Speaker states that sales team should hit
Elite and Baca, but they should leave Thomas alone. Speaker also
notes that there is some deal with Thomas and "Berkel"(?) that
originated in Atlanta where Thomas gave Argos some jobs. Speaker,
however, notes that Argos should remain competitive with Thomas
in the downtown area.
HOT - Starting at 18:30 - Speaker notes that the Green Zone plan
applies in Hilton Head, or that the sales team have flexibility to bid
aggressively on jobs that are near Argos plants.
Starting at 19:43 - Speaker is skeptical on Greg's statement that
Argos can get "$15" help for certain jobs (perhaps a cement credit);
speaker states that the sales team should move forward without
counting on it.
Starting at 22:00 - Speaker notes a job for Delany Industries that
where the only one bidding on it is Thomas/Baird.
HOT Starting at 24:25 - Speaker states that they Argos sales team
not compete with jobs with Thomas, but that Argos should protect
downtown and target Elite, Premiere, Savannah Ready-Mix and
Evans.
3:00-26:25. Someone at Argos: "We're going to create a bit of chaos
in the marketplace and hit a few. One of them I talked to Greg about
yesterday was that job that's over by Elite's plant [Richmond Hill].
That's typically the stuff we'd bid at a higher price because it's right
in their back yard. Take your gloves off, I don't care what you guys
do, don't let Elite get it." ... "The only place I want to make sure we're
competing with Thomas ... I want to leave them alone as much as I
can in those areas.
39
FILE NAME & LOCATION ON GOOGLE DRIVE
Record_2016-04-26_15-31-32.mp3
Location:
FILE FOLDER: Upload01
Record_2016-04-08_08-28-27.mp3
Location:
FILE FOLDER: Upload01
Record_2016-03-23_16-22-03.mp3
Location:
FILE FOLDER: Upload01
RECORDING DESCRIPTIONS
HOT - 0:00-6:15 (entire thing) - Internal Argos meeting; discussion
of balance sheet and cement price. Recording involves a speaker
discussing about an expected $14 price cement increase on January
15 but negotiations with Cemex and Holcim are ongoing.
Participants note their concern that they need to know what the price
increase is so they can properly price jobs. The Speaker notes that
they have money on the balance sheet to cover any price increase, and
Argos will cover any issues/plants at plants following the cement
price increase. Negotiating with Holcim and Cemex. Cement costs
and negotiations. How much cement they need to accrue based on
what we expect to be a $14 price increase - accrued as of January 15.
Someone says they can get Holcim "down $5 right now and
[something] guaranteeing business."
HOT: Recording of a sales meeting. Conversation starts off
discussing profit margins of jobs, which include the application of
cement credits.
AT 10:00 - Greg notes his frustration with the sales team in
obtaining jobs in the Green Zone by just quoting $40 but losing the
job anyway. Greg wants the sales team to determine what pricing
Argos needs to have to win jobs in the Green Zone and submit that
to him so he knows where Argos needs to be at. Chris and Greg go
through the "Get Busy" Report.
24:40-27:11. Chris Young records Greg Melton asking John from
Blount-Sanford if he knows anything about the SR 25 connector job
in Savannah, Chattam county. Hugh sent in quote. Greg says "I
wanted to see if you have any idea where we stand on that, and if we
can do anything to help you guys get the job, we'd certainly like to do
that." "Whatever y'all got, let me know so we can partner up on that
one."
General sales meeting discussion won/loss, customers, competitors,
volume, and market strategies.
HOT - Starting at 2:50 - Argos is developing a plan to present ot
Greg and Bill to become competitive in the market. If that didn't
work, Bill Wagner stated that they would need to get dirty. There is
40
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
a sheet referenced in this meeting that seems to contain market,
pricing, or competitor information––that the speaker stated that Bill
was "testy" about such information being sent via email. (Try to find
referenced sheet in document production). Bill wants them to manage
the market without his direct involvement.
HOT - Starting 56:10 - It is expressly stated that they do not want to
the Argos sales team compete with Thomas. but if they want to hurt
Evans or Savannah Ready-Mix, Argos is ok with that. The
underlying rationale is that Argos needs to pick and choose their
battles, and Thomas is not directly going after Argos.
1:06:00 - It is mentioned that there were some price problems on the
Wal-mart job and the speaker notes that the price quote for that job
was given to him from Thomas. May indicate coordination on
jobs/prices between Argos and Thomas. Seems consistent with the
speakers instruction to the sales team to not go after Thomas on jobs.
Last part at 1:33:00 - The speaker mentions that he was not going to
go "to war" without Bill telling him to. He also references the prior
competitor "war" that hurt the market participants in the past.
1:30-end Sales meeting including KanlicM, MeltonG, YoungC,
Tommy Waters, Jason, Hugh. Meeting starts at 1:30 with discussion
of Win/Loss tracking document. Beginning around 2:30 Kanlic
addresses the team saying "good job" filling it in with competitor
intel, saying he has been passing along the W/L into to Bill
[Wagner], and that the team needs to do in order to "build a case"
for anything. "Basically, Bill hasn't given much direction .... We told
him that we would we would come up with a plan that would help us
become more competitive in the marketplace . Bill said if that didn't
work he might have to get real dirty. And that's kind of where he
kinda left it with us." Kanlic says he gave Wagner Win/Loss
information but "I didn't use this sheet - Bill gets .... real testy about
sending stuff like this on email so i didn't put anything about prices".
Kanlic wants to know if others are going up and what the team is
hearing. 6:00. After a lot of talk about specific situations, Talk about
41
FILE NAME & LOCATION ON GOOGLE DRIVE
Record_2016-03-07_14-52-57.mp3
Location:
FILE FOLDER: Upload01
RECORDING DESCRIPTIONS
competitive situations in "residential fronts" (curbs and gutters). At
46:00 they are talking about adding drivers, and CY asks Kanlic for
advice going up against companies with more trucks offering first
round delivery - since they cant go down on price, how can they get
the customers to take the second round? Kanlic said that ultimately
customers need to take the second round - not everyone can go first.
49:00. At 54:00, Kanlic reiterates that he wants them to get more
work but he doesn't want to "give it away." Young asks about an
"Evans Job" and Greg mentions that Pedrick was supposed to give
them "some help" on it. Kanlic says that Young has some flexibility
to make it happen. At 56:15 Kanlic says "What I don't what to do
right now is I don't want to hurt Thomas .... it seems like they are
attacking some people but they aren't attacking us yet ... now if you
wanna hurt Evans or you wanna hurt Savannah Readymix I don't
have any problem with that." Young recommends going around
Evans to sell direct to Builders. 59:00 At 1:05 Kanlic says that until
the $6-8 price increase Bill was ready to close some of these areas up.
1:33:00 Kanlic "I'm not going to go all out war unless Bill tells me to"
HOT: Call involving Greg and sales team. Sales meeting where
salesman are providing updates on jobs, bids, volume and market
generally.
01:30-End - Part 2 of Young, Papy and Waters talking to Melton and
"Mike" (Taylor? Kanlic?) on speaker phone; Nothing too hot; shows
extent to which Mike was monitoring pricing and margins and
reporting to Wagner.
5:30 - Greg says that (?) sent him the volumes of cement for all the
competitors and from this he states that everyone (competitors) went
up $8.
11:30 - Discussion of pricing strategies in relation to various
customers.
32:39–Argos is working with the legal department to make sure that
Argos is insulated from contract issues that may potentially arise
from any scarcity of Fly Ash.
34:56-Discussion about Miguel Baca. Chris states that Baca had 5
trucks but he had 5-6 new Elite trucks that were in Hilton Head.
These trucks and Baca is working the Savannah market with the
builders. Baca is apparently withholding payment on the bad
42
FILE NAME & LOCATION ON GOOGLE DRIVE
Record_2016-03-07_14-03-53.mp3
Location:
FILE FOLDER: Upload01
RECORDING DESCRIPTIONS
concrete. Greg states that they've denied responsibility for the bad
concrete and therefore Baca needs to pay the invoices. If Baca doesn't
pay these invoices, Greg states that they don't want to work or
provide concrete to him. Baca is noted as someone who controls the
"builders".
42:40 - Chris notes his understanding of the Green Zone policy––
which is that if a job is within 15 minutes from the plant, the sales
team can automatically quote $40. Further any large commericial job
(over 2500 yards) Greg will look at the pricing to see whether the
$40 pricing should be applied. At 44:00 - a Template is mentioned,
which we may want to find in the document production.
HOT - 45:00 - Tommy asks whether the reason why Argos Cement
was helping them was because Cement were below their volume
numbers. Speaker notes that because Evans was not a customer on
the volume list, that Argos cement may be targeting "competitors"
that are "not their customers".
HOT - 47:10 - Speaker seems to provide instruction about market
allocation of work/bids between Argos and competitors. In
particular, he notes that if a job is in a competitors' backyard he
doesn't want to take it as it could cause a pricing war that they
cannot win.
HOT: Conference call with someone that sounds like Bill Wagner
and sales team. Discussion starts with won/loss reports or
information about how much Argos was being beat for jobs in the
market and the margins for same.
General discussion about competitors and other upcoming jobs and
pricing for the same.
00:00-39:22 (entire clip) Part 1: Chris Young, Hugh Papy and
Tommy Waters talking to Greg Melton and Mike (Taylor? Kanlic?)
on speaker phone; Nothing too hot; shows extent to which Mike was
monitoring margins. "I don't want to hear about Evans." (7:50).
22:00 Kanlic said we want to keep the prices as high as we can and
pick up business where we can without wrecking the market. Focus
on reduced margins in new "green zone 15" miles from plant. They
have discretion in Green Zone to drop the margin to get the job.
43
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
At 2:00–Bill suggests that if Argos drops margin to 41, he believes
Argos can be competitive.
Starting At 5:00 - Discussion of jobs that are in the "Green Zone" ––
stating that anything within the Green Zone (15-40 min trip time) or
close to plant they protect. He mentions that other competitors may
have a Green Zone of their own they are trying to protect. If a job
falls within the Green Zone there are special pricing for cement and
other help that automatically going to apply.
General discussion about how to be competitive in the market.
17:38 - Discussion about the Wal-mart and Sam's club job in
Savannah––It was picked up by Arrow and Savannah Ready-Mix.
19:34 - Discussion about gaining residential marketshare close to
Argos' Green Zone.
Record_2016-03-02_16-13-12.mp3
Location:
FILE FOLDER: Upload01
Record_2016-02-29_13-28-54.mp3
Location:
FILE FOLDER: Upload01
HOT - 29:30 - Bill mentions that they need to fight for jobs that are
just "outside their door" (in the Green Zone). He also states that he
wouldn't do that to them (i.e., the competitors).
HOT - 00:00-02:21 (entire clip) - Call between Chris Young and
Tommy Waters– Tommy states that Jim Pedrick was playing tennis
with David Howard and asked him to talk to Bruce (Gold?) (David's
brother-in-law) to talk with Keith Wood (Owner of Premier) to tell
him not to put a plant in Statesboro.
HOT - Conference call of Mike, Hugh, Chris, Greg, Tommy, and Bill
Wagner. Mike thanks the sales team for the information they have
gathered and said that such is helpful to determining whether they
will fight back against the competitors. Mike mentions that Savannah
has generally been a competitive market with a lot of new entrants
into the concrete market.
44
FILE NAME & LOCATION ON GOOGLE DRIVE
RECORDING DESCRIPTIONS
00:00-22:41 (Entire clip) Conf call with Bill Wagner: Young, Waters,
Papy, Melton, Mike (Taylor? Kanlic?), Scott. Wagner says he has a
call with Eric later. Follow up to report that Kanlic sent to Wagner.
"This is not our first rodeo in Savannah, always been a cesspool, a lot
of people thinking they can come in and make a lot of money."
Discussion of Troy Baird and Baca fronts. Discussion of cement
increases to Evans. "Even though our cement guys say we pay the
same prices as Evans ... I have my doubts." Discussion of Evans
taking work from them at Mahaney. Discussion of picking up more
Residential market share. Discussion of needing to get more
aggressive. "If I have to drop the hammer like I did 10 years ago I
will they're not going to forget it for awhile."
3:05–A "letter sent to Bill" is mentioned concerning information that
was relevant to the meeting (Search for letter in Defendant document
production).
Starting at 5:00 - Baca is mentioned and Bill Wagner raises the
question of whether Baca is part of the "other group" - Chris states
that Baca has stated that he is a partner with "Troy Baird and Jerry
Wardlaw Homes" (?). Chris also mentions that Baird has made clear
to customers that Baca's resource limitations (i.e., trucks) would be
covered by Baird; also that the new plant in Hilton head is a
partnership between Baca and Baird.
Starting at 7:22 - Discussion of the "Cement Standpoint" - Bill
Wagner is told that Argos is being "forced out of" [?] - David
Howard is mentioned (audio bad). Bill mentions that cement went up
$14 and whether the competitors pay the same price. It is mentioned
that Evans is doing jobs that may reflect that they may be paying less
for cement.
9:40 - Bill Wagner is considering a more aggressive strategy but he
doesn't want to act agressively if Argos can't get the volume. There is
a discussion about customer loyalty. It is mentioned that Evans
drastic price reductions (for one job Argos got beat by $10), loyal
customers have left simply because of price. They believe that a
pricing strategy that is "close" to Evans would be effective to
winning back past loyal customers.
45
FILE NAME & LOCATION ON GOOGLE DRIVE
Record_2016-02-05_14-44-43.mp3
Location:
FILE FOLDER: Upload01
160307_001.MP3
Location:
FILE FOLDER: Upload01
RECORDING DESCRIPTIONS
15:45 - Savannah ready mix is mentioned concerning a job that they
beat Argos on.
17:45 - The state of Argos relationship with residential customers is
discussed. These relationships have been harmed because of the bad
concrete issue.
Starting 19:30 - Bill Wagner states that the "word on the street" is
that Argos is being passive and not working to be competitive.
Wagner states that they should strategically look for projects that
are closer to their plants and work to manage the market share.
Wagner wants to get really aggressive with pricing on the smaller
residential guys. Wagner states that if it comes to the point Argos is
going to "drop a hammer" they will drop the hammer like they did 10
years ago that the market won't forget.
HOT - Hugh states during a conversation with Chris that someone at
Argos and Terry (competitor) were talking about how they were
going to price Baca. Hugh makes clear that what happened was
illegal and that there was a previous federal investigation that he
doesn't want to go through again. It sounds like he was going to
sleep on whether or what actions he was going to take to address his
antitrust concerns.
00:00-02:34 (entire thing) Call with Papy: Greg Melton talked to
Terry (Varndore?) about pricing to Baca. Terry said he needed to buy
some concrete (Elite is supposed to get 75% of Varndore business)
and Greg told him "$200 a yard". Papy talks about whether to
confront Melton because he's already been "put through the wringer"
on an antitrust investigation.
HOT: Discussion of the Green Zone and that if its with 15 minutes
from a plant and $40 Chris can accept the job without first seeking
approval. They note that a main competitor for large jobs is Evans
and Mahany. Hugh Papy asks about the volume of cement that were
used by competitors––based on this, the main speaker may be from
Argos Cement. 0:51-1:27. Internal Argos discussion of Argos' jobs
won for cement credits. "I don’t know that we did Statesboro job
[with cement credits] in the past because Evans' was our
competition. Around 2:40 - the speaker notes that Argos was
employing two strategies––the "Green Zone" strategy and the
46
FILE NAME & LOCATION ON GOOGLE DRIVE
150715_002.MP3
Location:
FILE FOLDER: Upload01
RECORDING DESCRIPTIONS
"Residential Strategy". Around 3:15 - documents are mentioned that
would be prepared on these two strategies that were going to be sent
to "Bill"; might be helpful to located in document production. Around
4:30 - they tell Chris that they do not want to start a war with
competitors that they can't win by bidding in their backyard. It seems
then that the Green Zone strategy would have the effect of avoiding
pricing wars with competitors.
HOT: Chris on phone with Tommy and states that he was following
Evans trucks to a job site where Miguel Baca was there. Baca stated
that he was working with Evans because they charged him at $91.
Baca stated that he does not trust Greg and David Melton ("the
brothers") and believes they are fixing prices. The discussion
participants state that what David and Greg are doing is illegal and
notes an instance where David and Greg took customers on a fishing
trip to discuss and set the market price for concrete.
00:00-03:56 (entire clip) Chris Young phone call to Scott about
following Evans truck to job that Baca was finishing. Erin Davis
relates a call with Baca who explained how the Melton brothers
agreed on the pricing for the job.
47