United States v. Joseph Nagle

OPINION OF THE COURT

FISHER, Circuit Judge.

Joseph Nagle and Ernest Fink were co-owners and executives of concrete manufacturing and construction businesses. The businesses entered into a relationship with a company owned by a person of Filipino descent. His company would bid for subcontracts on Pennsylvania transportation projects as a disadvantaged business enterprise. If his company won the bid for the subcontract, Nagle and Fink’s businesses would perform all of the work.

Fink pled guilty'to one count of conspiracy to defraud the United States. Nagle proceeded to trial, where a jury found…