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United States v. Basic Construction Co.
United States Court of Appeals for the Fourth Circuit
711 F.2d 570 (1983)
Basic Construction Company (Basic), Henry S. Branscome, Inc. (Branscome, Inc.) and Henry Branscome (defendants) were charged with conspiracy to rig the bidding process for state road-paving contracts in violation of the Sherman Act. The evidence presented by Basic showed that low-ranked officials of the corporation had engaged in bid rigging without the knowledge of its high-level officers and that corporate policy firmly prohibited bid rigging. The district court instructed the jury that it could consider the corporate policy forbidding bid rigging to determine whether the employees acted for the benefit of the corporation. The jury found Basic, Branscome, Inc., and Branscome guilty. Basic and Branscome appealed, arguing that the district court should have instructed the jury to consider Basic’s corporate policy prohibiting bid rigging to determine whether the corporation had the requisite intent to violate the Sherman Act.
Rule of Law
Holding and Reasoning (Per curiam)
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