Al-O-Meter
Well-Known Member
There is a case being taken up by the Supreme Court in the next session seeking to answer that question. It is Kousisis v United States.
https://www.scotusblog.com/case-files/cases/kousisis-v-united-states/
There was a painting company who submitted the low bid on a government contract to paint a bridge, won the contract, and painted the bridge perfectly. The problem is the contract was supposed to be exclusive to disadvantaged (Black-owned) businesses. The painting company found a Black-owned business to submit and win the bid, but the Black-owned business didn’t actually do the work. They only took a commission for being the face of the deal.
The United States is suing the painting company for wire fraud, but there was no financial harm to the United States. They weren’t defrauded out of anything. The painting company was legitimately the low bid and completed the contracted work. The only fraud was claiming an ethnicity. Is that in and of itself sufficient to be criminal?
If so, then perhaps Senator Elizabeth Warren can be prosecuted for election fraud.
https://www.scotusblog.com/case-files/cases/kousisis-v-united-states/
There was a painting company who submitted the low bid on a government contract to paint a bridge, won the contract, and painted the bridge perfectly. The problem is the contract was supposed to be exclusive to disadvantaged (Black-owned) businesses. The painting company found a Black-owned business to submit and win the bid, but the Black-owned business didn’t actually do the work. They only took a commission for being the face of the deal.
The United States is suing the painting company for wire fraud, but there was no financial harm to the United States. They weren’t defrauded out of anything. The painting company was legitimately the low bid and completed the contracted work. The only fraud was claiming an ethnicity. Is that in and of itself sufficient to be criminal?
If so, then perhaps Senator Elizabeth Warren can be prosecuted for election fraud.
