Full question:
If a government entity and a union association conspire to exclude another union on a federally funded project, what laws are broken?
- Category: Contracts
- Date:
- State: Pennsylvania
Answer:
The laws broken would depend on the contract type and bidding process. Federally funded public contracts require fair bidding. In some cases, there are 'no bid' contracts. Unions typically do not receive contracts directly; businesses that may or may not use unions are awarded contracts. Local ordinances may also mandate fair competition for federally funded contracts.
Conspiracy is a distinct criminal offense where individuals agree to commit an act that constitutes a federal crime. This agreement forms a partnership for criminal purposes, and it is not necessary to prove that the crime was completed or that all conspirators were involved in every detail. Key elements include a voluntary agreement to participate and an overt act by one conspirator to advance the plan. Even if a person only joins the conspiracy once and plays a minor role, they can still be convicted if they understand the unlawful nature of the plan.
Conspiracies can use legal means to achieve illegal outcomes or illegal means for lawful purposes. Two types of conspiracies are wheel and chain conspiracies. A chain conspiracy involves parties linked in a linear fashion, often seen in drug or firearm smuggling. A wheel conspiracy has a central ringleader (the 'hub') and other parties as 'spokes.' Proving a chain conspiracy is generally easier than proving a wheel conspiracy as a single organization.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.