By fixing and coordinating certain components of cargo rates charged to customers for international air shipments to and from the United States. Fukuchi and Kunugi are charged with entering into and participating in the conspiracy from at least as early as December 1999 until at least February 2006. Makino is charged with joining and participating in the conspiracy from at least as early as June 2001 until at least February 2006. 

According to the indictment, Fukuchi, Kunugi, Makino, and co-conspirators participated in meetings, conversations, and communications to discuss and fix certain components of cargo rates and coordinated the timing of changes to those rates. As part of the conspiracy, Fukuchi, Kunugi, Makino, and co-conspirators implemented collusive cargo rates in accordance with the agreements reached, and accepted payments for shipments at collusive and noncompetitive rates. 

Fukuchi, Kunugi, and Makino are charged with price fixing in violation of the Sherman Act, which carries a maximum penalty for each individual of 10 years in prison and a $1 million criminal fine. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.