Page 21 - 2024 OAD First Monday in October Journal

A SPECTATOR’S PRIMER

NO. 23-909

IN THE MOCK SUPREME COURT OF THE UNITED STATES

STAMATIOS KOUSISIS AND ALPHA PAINTING & CONSTRUCTION CO., INC., Petitioners,
v.

UNITED STATES OF AMERICA, Respondent.

Introduction
This moot court hypothetical is based on an actual case where the United

States Supreme Court has granted certiorari. At issue in the case before this Mock
Supreme Court is whether the money or property requirement of the mail and wire

fraud statutes reaches a scheme that is not intended to cause economic loss to the
victim. Specifically, here, the question is whether someone can be held criminally

liable for fraud when they complete a public construction project but fail to comply
with regulatory requirements (which they promised to do when bargaining for the

work) that mandate that a disadvantaged business enterprise (“DBE”) perform a
commercially useful function during the project.

Factual and Procedural Background

As a condition of federal highway funding, federal regulations require
each state to set participation goals for disadvantaged business enterprises in

transportation construction projects. When state agencies solicit bids for federally
funded construction projects, they provide participation goals for DBEs. A bidding

contractor must explain how it will meet those goals. If a contractor is not a DBE, it
may rely on subcontractors to meet the DBE participation goals. DBE participation is

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