In re: TC Denver Development, Inc., Colo. AG Assurance of Discontinuance (Apr. 25.2020)

The Colorado AG’s office investigated whether Trammell Crow, acting as the City and County of Denver’s program manager for its Convention Center expansion project, and its former employee, Michael Sullivan, improperly exchanged confidential information about the project and procurement process with Mortenson Company that they did not share with other prospective bidders. (See entry on…

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In re: Mortenson Company Assurance of Discontinuance (Colo. Apr. 13, 2020)

Colorado attorney general entered into Assurance of Discontinuance with general contractor M. A. Mortenson Company to resolve claims resulting from the attorney general’s investigation into an alleged bid-rigging scheme related to the City and County of Denver’s plans to upgrade and expand the Colorado Convention Center. The office’s investigation centered on whether Mortenson violated the…

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New Jersey v. Sangiuliano

Sangiuliano admitted that he falsified bids for contracts in the Westfield and Tinton Falls school districts at the behest of the engineer who oversaw construction projects in those districts, Kenneth Disko, and paid him approximately $36,000 in kickbacks. Sangiuliano, in bidding on contracts for the Westfield and Tinton Falls school districts, knowingly prepared fraudulent quotes at Disko’s direction bearing the names of other legitimate contractors, making the quotes higher than his own. He also knowingly inflated his company’s (Metropolitan Window’s) quotes and the cost of repairs for the contracts at Disko’s direction. In exchange for the inflated contracts, Sangiuliano allegedly gave kickbacks to Disko of at least $36,000 in 2009 and 2010. The investigation revealed that Disko also received over $44,000 in kickbacks from a prior owner of Metropolitan who is now deceased for contracts awarded from 2001 to 2004.

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New Jersey v. Starr

Kenneth Disko, the former contracted engineer or engineer/architect on record for the Westfield, Tinton Falls and Scotch Plains-Fanwood school districts, pleaded guilty to an accusation charging him with second-degree false representations for a government contract. Disko admitted that he orchestrated a series of bid-rigging and kickback schemes from 2001 to 2010 in those school districts involving Starr and two other contractors. Disko prepared fraudulent quotes and estimates and directed contractors to inflate quotes and estimates. He admitted that he submitted the fraudulent quotes and estimates to the districts and recommended approval of the contracts in exchange for kickbacks from the contractors. In pleading guilty, Starr admitted that in 2009 and 2010, he prepared fictitious quotes from legitimate contractors without their permission and submitted them to Disko in order to appear to be the lowest bidder for contracts worth nearly $25,000 that were awarded to Starr.

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New Jersey v. Gallagher

Kenneth Disko, the former contracted engineer or engineer/architect on record for the Westfield, Tinton Falls and Scotch Plains-Fanwood school districts, pleaded guilty to an accusation charging him with second-degree false representations for a government contract. Disko admitted that he orchestrated a series of bid-rigging and kickback schemes from 2001 to 2010 in those school districts involving Gallagher and two other contractors. Disko prepared fraudulent quotes and estimates and directed contractors to inflate quotes and estimates. He admitted that he submitted the fraudulent quotes and estimates to the districts and recommended approval of the contracts in exchange for kickbacks from the contractors. Gallagher admitted that he helped another contractor to obtain those contracts by preparing fraudulent and fictitious quotes and estimates for his own companies and submitting them to Disko as higher bids than those submitted by Starr. Also, in connection with other contracts that were awarded to Gallagher’s company in the Westfield and Scotch Plains-Fanwood districts, Gallagher inflated quotes and the cost of work performed. The state’s investigation revealed that in return for the inflated contracts, Gallagher gave cash kickbacks to Disko.

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New York v. Anselment

State charged former officer of non-profit that provided housing and other services to developmentally disabled adults with rigging bids for repair work. The agency received a substantial part of its funding from the state’s Office of Mental Retardation and Developmental Disabilities.

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Maryland v. C & C Development, Inc., C.I. No. 291344017 (Cir. Ct. for Baltimore City, 1991).

Bid-rigging conspiracy with state employee.

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Maryland v. Myers, C.I. 292037009 (Cir. Ct. for Baltimore City 1991).

Project manager for state conspired to rig bids on construction contracts.

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Washington v. Inland Northwest AGC

Inland AGC is a trade association composed of construction firms doing business in eastern Washington. The construction industry along with Inland AGC were upset regarding contract language (mandatory arbitration and/or apportionment of risk) used in public works contracts. The association initiated a group boycott urging association members not to bid on public works projects until the contract provisions were removed from the public works contracts. Complaint and consent decree were filed with injunctive relief and attorneys’ fees and costs.

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New York v. Julius Nasso Concrete Corp. et al., 1999-2 Trade Cas. ¶72,767; 202 F.3d 82; Nos. 98-9218, 98-9226, 98-9262 (2d Cir. 2000)

New York was successful in its appeal to have trial court decision reversed in concrete construction bid-rigging case

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