Article 33C: Deception in Public Business Contracts
After the passage of affirmative action laws in the United States, women and minorities were given more opportunities to obtain business contracts with the government. However, this policy may be abused if potential contractors fabricate statements that demonstrate that they are disadvantaged and should be eligible for an affirmative action contract.
In Article 33C of the Illinois Criminal Code, Illinois lawmakers address this possibility. Four offenses are described in this section: fraudulently obtaining certification, willfully making a false statement, willfully obstructing an official, and fraudulently obtaining public moneys.
First, a person fraudulently obtains certification if he or she obtains the official certification for a minority-owned or woman-owned business. Second, the offense of willfully making a false statement occurs when a business owner falsely represents himself to a state agency or the Minority and Female Business Enterprise Council.
Third, a business owner commits willful obstruction of an official when he or she obstructs anyone involved in investigating whether the business should be granted privileges under affirmative action policy. Lastly, Article 33A prohibits anyone from fraudulently obtaining public money that had been reserved for minority- or woman-owned businesses.
All of these offenses qualify as Class 2 felonies.
Need an Illinois criminal defense attorney? If you've been charged with deception in public business contracts in Illinois, call our Chicago criminal defense attorneys today at (312) 466-9466 to discuss your case.
The text below comes from Article 33C of the Illinois Criminal Code of 1961. This law may have changed -- please read the important legal disclaimer at the bottom of this page.
Illinois Criminal Code of 1961 - Article 33C
(720 ILCS 5/33C-1) (from Ch. 38, par. 33C-1)
Sec. 33C-1. Fraudulently obtaining or retaining certification. A person who, in the course of business, fraudulently obtains or retains certification as a minority owned business or female owned business commits a Class 2 felony. (Source: P.A. 84-192.) 720 ILCS 5/33C-2
(720 ILCS 5/33C-2) (from Ch. 38, par. 33C-2)
Sec. 33C-2. Willfully making a false statement. A person who, in the course of business, willfully makes a false statement whether by affidavit, report or other representation, to an official or employee of a State agency or the Minority and Female Business Enterprise Council for the purpose of influencing the certification or denial of certification of any business entity as a minority owned business or female owned business commits a Class 2 felony. (Source: P.A. 84-192.) 720 ILCS 5/33C-3
(720 ILCS 5/33C-3) (from Ch. 38, par. 33C-3)
Sec. 33C-3. Willfully obstructing or impeding an official or employee of any agency in his investigation. Any person who, in the course of business, willfully obstructs or impedes an official or employee of any State agency or the Minority and Female Business Enterprise Council who is investigating the qualifications of a business entity which has requested certification as a minority owned business or a female owned business commits a Class 2 felony. (Source: P.A. 84-192.) 720 ILCS 5/33C-4
(720 ILCS 5/33C-4) (from Ch. 38, par. 33C-4)
Sec. 33C-4. Fraudulently obtaining public moneys reserved for disadvantaged business enterprises. Any person who, in the course of business, fraudulently obtains public moneys reserved for, or allocated or available to minority owned businesses or female owned businesses commits a Class 2 felony. (Source: P.A. 84-192.) 720 ILCS 5/33C-5
(720 ILCS 5/33C-5) (from Ch. 38, par. 33C-5)
Sec. 33C-5. Definitions. As used in this Article, "minority owned business", "female owned business", "State agency" and "certification" shall have the meanings ascribed to them in Section 2 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. (Source: P.A. 92-16, eff. 6-28-01.)
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DISCLAIMER: These excerpts from the law are provided for reference purposes only. Visitors to our Chicago criminal defense lawyer website should be aware that Illinois criminal laws have been amended many times and that Illinois crime laws posted on this site may not be current. In addition, Illinois criminal case law defines precedents for legal determinations that are not defined in the original laws.