Collusion occurs when two or more individuals or business entities agreeing to act together to deceive or defraud a third party or the public. In a legal context, collusion usually refers to fraud or criminal acts that occur between business partners or competitors, including antitrust violations and price-fixing. Even though collusion is a civil wrong, the federal government can also bring a criminal case against individuals or entities for participating in criminal collusion.
In recent years, collusion has made headlines with scandals involving a number of high profile companies and notable individuals. For example, in 2019, the U.S. Department of Justice (DOJ) charged nine individuals for alleged price-fixing and bid-rigging activities, which involved the sale of pharmaceutical generic drugs. Additionally, the DOJ charged two former Volkswagen executives with one count of conspiracy to commit fraud in the United States and five counts of violating the Racketeer Influenced and Corrupt Organizations Act (RICO) for their role in a scheme to defraud the U.S. government.
The Penalties for Collusion Typically Depend on the Severity of the Scheme
Sentencing for individuals charged with or convicted of collusion typically varies depending on the severity of the scheme. Lighter sentences may include probation and/or light fines, while more serious convictions can lead to significant prison terms. For businesses charged with collusion, penalties may include fines, forfeiture of assets, and debarment from participating in certain industries or activities.
If you are ever presented with a situation that could potentially be collusion, it is important to seek legal counsel to ensure that you remain compliant with the law and to protect yourself from potential criminal liability. Ignorance of the law is not an excuse.