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Criminal Jury Instructions

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4.1-7  Bid Rigging -- § 53a-161a

Revised to December 1, 2007

The defendant is charged [in count ___] with bid rigging.  The statute defining this offense reads in pertinent part as follows:  

no (person / firm / corporation / association / partnership) who bids, or intends to bid, for any contract to be awarded by any (commission, agency, or department / political subdivision) of the state shall induce or attempt to induce any other (person / firm / corporation / association / partnership) (to submit / not to submit) a bid or proposal for the purpose of restricting competition.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:  

Element 1 - Made or intended to make a bid
The first element is that the defendant was a[n] (person / firm / corporation / association / partnership) who made a bid or intended to make a bid, for a contract to be awarded by any (commission, agency, or department / political subdivision) of the state.

For purposes of this statute, "person" means a human being and, where appropriate, a public or private corporation, a limited liability company, an unincorporated association, a partnership, or a government or a governmental instrumentality.  Under our law, a person is criminally liable when (he/she) performs or causes to be performed in the name of or in behalf of a corporation or a limited liability company, conduct constituting an offense.1

The state must also prove that the defendant submitted a bid or intended to submit a bid for a public contract.  A "bid" or "proposal" means the submission of prices by persons, firms or corporations competing for a contract to provide supplies, materials, equipment or contractual services.2  The intent to submit a bid does not require the actual submission of the bid.  A person acts "intentionally" with respect to a result when (his/her) conscious objective is to cause such result.  <See Intent: Specific, Instruction 2.3-1.>

<Insert the applicable definitions:>

  • A "commission, agency or department of the state" includes any commission, agency, department, officer, board, council, institution or other agency of the state government.3

  • A  "political subdivision of the state" means any city, town, borough, municipal corporation, school district, regional district or other district or other political subdivision of this state.4

Element 2 - Induced another
The second element is that the defendant induced or attempted to induce another (person / firm / corporation / association / partnership) (to submit / not to submit) a bid or proposal for the contract.  "Induce" means to move to action by persuasion or by influence.  Additionally, the state must prove that the defendant submitted (his/her) bid or had the intent to submit a bid before (he/she) induced or attempted to induce the other person or firm. 

Element 3 - Intent to restrict competition
The third element is that the defendant specifically intended to restrict competition for the said contract.  "To restrict" means to limit.5  "Competition" means the effort or action of two or more commercial interests to obtain the same business from third parties.6 

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was a[n] (person / firm / corporation / association / partnership) who bid or intended to bid, for a contract to be awarded by any (commission, agency, or department / political subdivision) of the state, 2) the defendant induced or attempted to induce another (person / firm / corporation / association / partnership) (to submit / not to submit) a bid or proposal for said contract, and 3) the defendant specifically intended to restrict competition for the said contract.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of bid rigging, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
_______________________________________________________

1 General Statutes § 53a-11.

2 General Statutes § 4a-50 (4).

3 General Statutes § 4a-50 (1).

4 General Statutes § 1-200 (1) (A).

5 Black's Law Dictionary (8th Ed. 2004).

6 Id.


 

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