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Two execs acquitted in bid-rigging trial

By Keith Coffman, Special to the Rocky

Published June 19, 2008 at 5:03 p.m.
Updated June 19, 2008 at 6:11 p.m.

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A federal jury in Denver today acquitted executives of a New Mexico-based construction company charged with bid-rigging in Colorado.

In March 2007, a grand jury indicted B& H Maintenance & Construction Inc. and two of its executives, Jon Paul Smith and Landon Martin, on charges of a bid-rigging conspiracy involving natural gas pipeline construction projects in Colorado.

"Now I can go back to making money, rather than spending it," said a gleeful Smith, 46, shortly after the verdict was returned at 1:45 p.m.

Smith's attorney, Mark Johnson, said, "Mr. Smith has waited 2 1/2 years to tell his side of the story."

The indictment charged that Smith, who is vice president and regional manager, and Martin, manager of marketing and business development of the company in Eunice, N.M., conspired with each other and another corporation and individual to submit noncompetitive and rigged bids to BP America Production Co.

Between June and December 2005, the indictment alleged defendants rigged bids for the construction of pipelines to transport natural gas from wells in the Upper San Juan Basin in Colorado.

Smith also was acquitted of charges of witness tampering for allegedly trying to persuade another person involved in the scheme to lie to federal investigators and to the grand jury.