Legal briefs filed by state and national business organizations and the National Association of Criminal Defense Lawyers argue that in a no-confidence motion against the federation Denver-based Devita Inc. and its former CEO, Kent III. Should be dismissed.
The Colorado Chamber of Commerce said in a brief statement Thursday that the state should not be used as a “laboratory” for a new application for the Sherman Antitrust Act. US Department of Justice In July, a federal grand jury indicted Davita and Three on two counts of conspiracy with other healthcare firms not to summon each other’s employees.
The allegations stem from an investigation by the DOJ’s anti-trust division into employee allotment agreements in which healthcare workers promised not to hire each other’s workers. The DOJ said the contracts limit workers’ ability to earn higher salaries and advance their careers.
But the Colorado Chamber of Commerce, the US Chamber of Commerce and the Criminal Defense Bar Association said no court had found the destabilization agreements illegal. The organizations said this raises questions about the right to appropriate action because there is a lack of proper notice of whether an action is illegal.
Under the law that exists today (and in all years before today), nothing has come close to a ‘fair warning’ that any application or non-rental agreement would lead to violations of the Sharmin Act Can take Criminal responsibility is the exact opposite, ”the Criminal Defense Lawyers Group said in a brief statement.
The DOJ is also encroaching on the authority of Congress and the courts, declaring that “non-hunting” agreements are criminal offenses.
In a previous statement, Richard A. Powers, acting assistant attorney general of the DOJ’s anti-trust division, said that those who conspire to deprive workers of their free market opportunities and mobility are “serious.” They are committing crimes that we will prosecute to the fullest extent of the law. ”
Defendants DeVita and Three are accused of collaborating with people involved in surgical care from not summoning each other’s senior level employees from early February 2012 to July 2017.
The second count accuses Davita and Three of conspiring with another healthcare company from the beginning of April 2017 to June 2019 to prevent Davita from suing employees. The July announcement did not name another company. The DOJ did not respond to a request for comment Friday.
If convicted, DeVita faces a maximum fine of $ 100 million per count and Thierry faces a maximum of 10 years in prison and a ڈالر 10 million fine. Maximum fines can be increased based on employee losses.
His spokesman said the antitrust division had ignored and even withheld evidence that could help the three. He said the companies have hired DeVita executives for years and are not competitors.
DeVita called the allegations “baseless and baseless.”
Three moved DeVita’s headquarters from Sendo, California to Denver in 2009 and rapidly expanded the company’s network of dialysis centers, before retiring as CEO in 2019, two decades later. At the head, the country’s largest kidney provider dialysis services
Over the years, the company suffered. Several federal investigations