United States v. Barker Steel Co., Inc., and Robert B. Brack

BOWNES, Senior Circuit Judge.

The government appeals the dismissal of an Information which charged the defendants, Barker Steel Co., Inc. and Robert B. Brack, with engaging in a conspiracy to defraud the United States in violation of 18 U.S.C. § 371. The Information alleged that the defendants fraudulently obtained Minority Business Enterprise and Disadvantaged Business Enterprise (MBE) “set aside” contracts. The district court found that the Information was insufficient to sustain the charges and dismissed it. 1 For the reasons that follow, we reverse and remand for trial.

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Standard of Review

On…