News & Analysis as of

Fraud Subcontractors Construction Industry

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Bradley Arant Boult Cummings LLP

Government Contracts White-Collar Alert: Supreme Court Clarifies Wire Fraud Statute

The U.S. Supreme Court recently delivered a significant ruling in Stamatios Kousisis, et al. v. United States, affirming that a defendant can be convicted of federal fraud for inducing a transaction through materially false...more

Foley Hoag LLP - White Collar Law &...

Federal Fraud: No Harm, No Foul? Supreme Court Says “Not So”

On May 22, 2025, the Supreme Court issued a unanimous decision broadening applicability of the federal wire fraud statute. In Kousisis v. United States, the Court held that a defendant may be convicted of wire fraud for...more

Cohen Seglias Pallas Greenhall & Furman PC

White Lie Or Wire Fraud? Why Contractors Must Carefully Follow Contract Requirements

Can deception used to secure a construction project bid constitute mail or wire fraud, even if there was no intent to financially harm the bid solicitor or even lower the project’s cost? That’s one of the questions the United...more

Warner Norcross + Judd

How the MBTFA Protects Subcontractors, Suppliers and Owners

Warner Norcross + Judd on

The Michigan Builders Trust Fund Act (MBTFA), MCL 570.151 et seq. was signed into law in the early years of the Great Depression to protect people from fraud and misappropriation of funds in the construction industry. During...more

StoneTurn

Insider Risk: Construction Spotlight - StoneTurn

StoneTurn on

Insider Risks often generate images of cyber breaches or government leaks. But experience shows us Insiders can impact any industry, and often fly under the radar until something occurs. Whether you’re an owner, a developer,...more

Snell & Wilmer

California Construction Law Update for 2021

Snell & Wilmer on

In the 2020 COVID-19 year, there were not that many construction-related cases decided by the California Courts of Appeal, and none by the California Supreme Court. However, there were a number of interesting cases that raise...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Pierce the Veil and Get to Mr. Shade

Dear YouDig? When we first met, the contractor’s owner pulled into the site in his tricked out red pickup and promised us the stars and the moon. Unfortunately, all we ended up with was the pits! We ended up with a leaky...more

Husch Blackwell LLP

Fraud, Forgery & Outright Theft: Strategies To Protect Project Funds

Husch Blackwell LLP on

Contractors who have employees and work with vendors are vulnerable to misappropriation of money and assets. Among industries most affected by fraud, construction ranks eighth, according to the Association of Certified ...more

K&L Gates LLP

Lessons in Fraud, Preconditions to Progress Payments and the Right of Setoff: Hutchinson v Glavcom

K&L Gates LLP on

The NSW Supreme Court recently handed down its decision in the matter of J Hutchinson Pty Ltd v Glavcom Pty Ltd [2016] NSWSC 126, in which K&L Gates represented Glavcom. The decision sheds light on numerous issues, including...more

Cohen Seglias Pallas Greenhall & Furman PC

Third Circuit Allows for Offset when Calculating Loss in DBE Fraud Cases

In United States v. Nagle, the Third Circuit provided instruction on how to calculate the amount of “loss” defendants are attributed when being sentenced in a Disadvantaged Business Enterprise (“DBE”) fraud case. Going...more

Troutman Pepper

Caught in the Middle: What Is a Supplier Supposed to Do When Its Customers Ask to Use a DBE as a Pass-Through?

Troutman Pepper on

Suppliers are caught in the middle of a new enforcement trend in federal, state, and local investigations of disadvantaged business enterprise (DBE) fraud. Historically, DBE fraud investigations have focused on the...more

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