Contractors Indicted for Rigging Bids and Defrauding the U.S. Military in South Korea

According to the superseding indictment filed in the U.S. District Court for the Western District of Texas, Hye Yeon “Rachel” Jo was the CEO of DESCA Co. Ltd. (DESCA), a company that performed subcontract work on U.S. military installations in South Korea. Beginning at least as early as November 2018, Jo and DESCA, along with others, conspired to rig bids and fix prices for subcontract work, and defrauded the U.S. Department of Defense to obtain millions of dollars in repair and maintenance subcontract work at U.S military installations in South Korea. Hyuk Jin Kwon and Hyun Ki Shin, who conspired with Jo and DESCA, were previously indicted on similar charges on March 16, 2022.

The eight-count indictment charges Jo, DESCA, Kwon and Shin with one count of conspiracy to restrain trade (violating the Sherman Act), one count of conspiracy to commit wire fraud and six counts of wire fraud. This indictment is the second in an investigation into bid rigging and price fixing for operation and maintenance work for U.S. military installations in South Korea. A South Korean company was previously sentenced for participating in the conspiracy and fraud scheme on Sept. 12, 2023.

The defendants face a maximum penalty of 10 years in prison and a $1 million fine for individuals and a maximum penalty of a $100 million fine for corporations for the violation of the Sherman Act. They also face a maximum penalty of 20 years in prison and a $250,000 fine for violating the wire fraud statute. The maximum fines may be increased to twice the gain derived from the crime or twice the loss suffered by victims if either amount is greater than the statutory maximum. Upon a conviction, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. 

The Antitrust Division’s Washington Criminal II Section, Army CID, FBI and DCIS investigated the case.

Trial Attorneys Daniel E. Lipton and Daniel P. Chung of the Antitrust Division are prosecuting the case, with assistance from Assistant U.S. Attorney Matthew B. Devlin for the Western District of Texas.