Kousisis v. United States

U.S. Supreme Court · decided May 22, 2025 · Supreme Court Database (Spaeth)

Decided
May 22, 2025
Term
October Term 2024
Vote
9–0
Majority author
Justice Barrett
Issue area
Criminal Procedure
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Conservative

Opinion excerpt

PRELIMINARY PRINT Volume 605 U. S. Part 1 Pages 114–164 OFFICIAL REPORTS OF THE SUPREME COURT May 22, 2025 Page Proof Pending Publication REBECCA A. WOMELDORF reporter of decisions NOTICE: This preliminary print is subject to formal revision before the bound volume is published. Users are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, pio@supremecourt.gov, of any typographical or other formal errors. Syllabus KOUSISIS et al. v. UNITED STATES certiorari to the united states court of appeals for the third circuit No. 23–909. Argued December 9, 2024—Decided May 22, 2025 The Pennsylvania Department of Transportation (PennDOT) awarded petitioners Stamatios Kousisis and Alpha Painting and Construction Co. two contracts for painting projects in Philadelphia. Federal regula- tions required contract awardees to subcontract a portion of every con- tract to a disadvantaged business enterprise. So as part of the bidding process, Kousisis falsely represented that Alpha would obtain its paint supplies from Markias, Inc., a prequalifed disadvantaged business. This was a lie. Unbeknownst to PennDOT, Kousisis arranged for Mar- kias to function as a mere “pass-through” entity. As a pass-through, Markias did not provide any paint supplies. To the contrary, its only role was that of a paper pusher, funneling checks and invoices to and…

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