UNITED STATES of America, Plaintiff-Appellee, v. SERVICE DELI INC., Defendant-Appellant

LAY, Circuit Judge:

Service Deli, Inc., appeals its jury conviction and sentence (five years probation, $64,-000 fine) for filing a false statement with the U.S. Defense Commissary Agency (DeCA) in violation of 18 U.S.C. § 1001. 1 The government charged Service Deli with making a false statement of material fact to government investigators regarding collusion and price-sharing with a bid competitor, in order to obtain contracts to supply deli products on several military bases. For the reasons stated below, we reverse the judgment of conviction and grant the defendant a new trial.

I. Background

T…