The government argues that the failure to comply with the DBE requirement, along with the fact that Pennsylvania specifically allocated funds for DBE-inclusive projects, constitutes fraud under federal law. Kousisis contends that since the bridge repair projects were completed and Pennsylvania received all paid services, there was no actual harm to the state’s property rights. This case, Kousisis et al. v. United States (23-909), raises questions about the scope of federal wire fraud statutes in government contracts.
Differential Pay for Military Reservists
In another case, the Court will hear arguments regarding military reservists and their entitlement to differential pay if called to active duty during a national emergency. The dispute centers on Nick Feliciano, a Coast Guard reservist who served as a federal air traffic controller. Feliciano is seeking differential pay for the 14 months he was on active duty, arguing that his service during a national emergency triggered by the 9/11 attacks should qualify him for the pay. However, a Federal Circuit ruling found that Feliciano could not prove his service was directly related to a military operation.
