Contractor may go to jail for pretending to be a Black-owned construction business.

Contractor jailed for scheming against minority-owned businesses.

June 16th 2023.

Contractor may go to jail for pretending to be a Black-owned construction business.
Brian Kowert, Sr., co-owner and chief operating officer/contractor of HBD Construction Inc. in Clayton, Missouri is facing the consequences of his actions. On June 15, 2023, Kowert was sentenced to 18 months in prison and a hefty fine of $100,000 for scheming against minority-owned businesses.

According to the St. Louis U.S. Attorney's Office, Kowert plead guilty to two counts of wire fraud in January. Court documents revealed that Kowert had "recruited an elderly Black business owner as a pass-through, paying him $2,000 in order to pass through hundreds of thousands of dollars to non-minority owned and operated business".

Charles Kirkwood, the 83-year-old owner of Midwestern Construction, was the victim of Kowert's scheme. He had been recruited as a contractor to do carpentry work on projects with Kowert. When asked about the incident, he said he was "used" and he "didn't know what all he was doing really".

The incident has cost hundreds of thousands of dollars in tax incentives to the business that is also a victim. Hal Goldsmith, a federal assistant prosecutor, said that Kowert's shady behavior has set back years of work to fix discrimination in the construction field. He stated, "We're not going to tolerate it. This program is to right the wrong, if you will, of years and years of racism in the construction trades."

Kowert's attorney, Joel Schwartz, claimed that his client had a history of trying to make positive differences for MBEs or minority businesses and that the program “couldn’t possibly be more flawed". He went on to say that Kowert wanted “to educate and teach so that there are more qualified MBEs to complete projects for the city."

These events are a stark reminder of the consequences of engaging in illegal activities. Kowert is now facing the consequences of his actions and it is up to him to make up for the wrongs he has committed.

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