The Federal Government Gets Wind of Dave and Jim's Plan

The federal government gets wind of Dave and Jim's plan and brings charges against Jim under the FTC Act. Jim calls you. He is worried that he might go to prison and assures you that it is not place for a trash man of his character. Should Jim worry about criminal charges?

A) Yes. The government will press for criminal charges in such a blatant anticompetitive agreement.
B) No. Dave was the instigator of the agreement, so only he could be criminally liable.
C) Yes. It doesn't matter that Dave was the instigator, Jim still faces criminal charges.
D) No. There are no criminal sanctions under the FTC Act.