Anna T. Pletcher

Anna T. Pletcher’s background as a first-generation college graduate from a Puerto Rican family and over a decade of government experience as a former assistant chief of the Department of Justice’s antitrust division and special assistant United States attorney in San Francisco’s major crimes unit has informed her approach to leading significant prosecutions and investigations in complex cases such as price fixing, bid rigging, market manipulation, fraud and money laundering.

Her notable achievements include representing Jayson Penn, former CEO of Pilgrim’s Pride Corporation, in a case involving allegations of a seven-year industrywide conspiracy to fix prices and rig bids of broiler chicken products. United States v. Penn et al., 1:20-cr-00152 (D. Colo., filed June 3, 2020).

Despite previous juries deadlocking in 2021 and 2022, the decisive July 2022 acquittal came swiftly, marking a significant victory for Pletcher and her team. Her role in methodically dissecting the government’s trial witnesses, winning key evidentiary battles and leading the direct examination of the expert economist was instrumental.

“Every one of the 14 defendants who were charged in Penn and related cases were either acquitted or the indictments were dismissed,” Pletcher said. “This was a huge loss for the government. As a result, the government will likely reevaluate how it investigates, charges and tries cases going forward.”

She also discussed the challenges in handling the Penn case, particularly managing a large joint defense group with diverse interests and legal teams. The cohesion and effectiveness of the group, facilitated by her team at O’Melveny, were crucial in presenting a united front against the charges.

In another significant case, Pletcher was co-lead trial counsel defending Ford Motor Company of Canada, Ltd. in an antitrust class action lawsuit. The plaintiffs alleged a conspiracy among automobile companies to prevent vehicle exports from Canada to the United States. O’Melveny, taking over from Latham & Watkins, reached a settlement on favorable terms for Ford Canada just before the trial.

Pletcher noted trends in antitrust law, saying that in recent years, the DOJ’s antitrust division has been pushing the boundaries of traditional criminal antitrust law.

“They have brought several indictments for labor antitrust issues, such as no-poach agreements, which used to be prosecuted civilly,” she said. “They also brought the first criminal monopolization cases in decades. Although the government has lost repeatedly at trial, the prosecutions have created quite a bit of uncertainty in the legal and business communities. The key question is when is this conduct per se illegal and when is it governed by the rule of reason? Over the next several years, courts will need to define that line.”

In addition to her day-to-day work, Pletcher also serves as deputy regional director of programs for the Hispanic National Bar Association’s Bay Area Chapter and a board member for Bay Area Legal Aid.