Law360 published an article by Benjamin J. Wish on the emerging risk of criminal charges arising from "double-breasted" operations where union and non-union companies are formed to pursue business opportunities relating to union and non-union work.
Often the union and non-union companies share ownership, equipment, facilities and other features. Until recently, these double-breasted operations could potentially expose a business to civil liability under federal labor laws.
However, in the wake of a recent novel prosecution by the U.S. Attorney's Office for the District of Massachusetts against the owners of a double-breasted operation, Mr. Wish writes that the risk of substantial criminal charges is now apparent.
"[T]he risk of operating a double-breasted operation is no longer solely potential liability for pension fund contributions but also criminal prosecution and imprisonment," Mr. Wish writes.
Mr. Wish represented the owner and the asbestos abatement company indicted for mail fraud, embezzlement from an employee benefit plan, and other criminal charges arising from a double-breasted operation. He obtained the dismissal of all criminal charges against his clients.
Mr. Wish concentrates his practice on complex commercial litigation, shareholder and real estate disputes, and white collar criminal defense.