The People, Petitioner v. the Superior Court of Riverside County, Respondent; Hossain Sahlolbei, Real Party In…

Summary

The court held that Government Code section 1090 does not categorically exclude independent contractors from criminal liability. Liability may reach an independent contractor whose duties include engaging in or advising on public contracting and who is expected to act on the government's behalf. Because the allegations supported a strong suspicion that Sahlolbei used official positions and influence to procure a hospital contract from which he profited, the court reversed and remanded. The court disapproved the contrary appellate decision to the extent inconsistent with this rule.