Total Vindication: Recht Kornfeld Secures Acquittal in Major, National Chicken Price-Fixing Trial

July 7, 2022

When the stakes could not be higher, Recht Kornfeld delivers for our clients. Our powerhouse litigation team, led by shareholders Rick Kornfeld, David Beller and Kelly Page, recently secured a full acquittal – and total vindication – of our client, a poultry industry executive, in one of the most anticipated criminal antitrust trials of 2022.

The case made national headlines when the United States Department of Justice (DOJ) Antitrust Division alleged 10 poultry processing executives were involved in a criminal conspiracy to drive up poultry prices. After two mistrials and dismissing 5 defendants, the government tried, and failed, in a third trial to implicate our client and four others in anticompetitive conduct, including allegations of an illegal agreement to fix prices and rig bids for boiler chicken products in the U.S. With our client facing possible prison time and tremendous reputational damage, our team mounted an aggressive defense that resulted in the Denver jury’s verdict: “Not guilty.”  

“Our client and the other defendants have maintained their innocence from day one, and after three trials, they have been vindicated,” said Shareholder Rick Kornfeld.

With this tremendous victory and the firm’s continued focus on national criminal and civil antitrust litigation, Recht Kornfeld remains relentless in defending corporations and individuals, including executives, directors, and corporate officers. Our unmatched level of trial experience continues to prove essential as Colorado’s courts become “ground zero” for federal antitrust litigation.

The DOJ continues to target the livestock and poultry markets, among a wide range of other industries, including other proteins and dairy, technology, and healthcare, for alleged violations of antitrust law. As skyrocketing prices due to inflation affect consumers nationwide, the DOJ has doubled down on antitrust litigation as a political solution. However, juries in Colorado and across the nation have rightly remained skeptical about this strategy, rejecting the government’s theories and lack of evidentiary support. Until the DOJ finally accepts such defeats, companies must be vigilant to identify and minimize their antitrust litigation exposure.

Rick Kornfeld and the team at Recht Kornfeld have tried – and won – numerous criminal federal antitrust cases. A former federal prosecutor, Rick is a seasoned litigator who specializes in white collar criminal defense, corporate compliance and internal investigations. His clients include numerous Fortune 500 and publicly traded companies, responsible corporate officers, licensed professionals and individuals. His practice emphasizes cases with federal and international implications such as those involving criminal antitrust allegations. 

David Beller specializes in criminal defense, representing individuals and organizations involved as targets, subjects, or witnesses in state and federal criminal investigations and related grand jury and pretrial proceedings, including antitrust actions. He has defended actions throughout Colorado and worked opposite both municipal and state prosecutors, Colorado Attorney General, Colorado Department of Regulatory Agencies, Department of Human & Health Services (TRAILS), Office of Attorney Regulation Counsel, Judicial Discipline Commission, university disciplinary boards, United States Securities and Exchange Commission (SEC), Department of Justice, and United States Attorney’s Offices for the Districts of Colorado and the Eastern District of California.

Kelly Page is an experienced trial attorney whose practice focuses on representing individuals in a variety of criminal matters in both state and federal courts. Her practice emphasizes complex cases including antitrust, white-collar defense and serious felony matters. Prior to joining Recht Kornfeld, Kelly served as a trial attorney in the Colorado State Public Defender’s Office. During her four years as a public defender, she learned the importance of a tenacious and impassioned defense when fighting for her client’s rights and freedoms.