Federal Criminal Defense Law Firm:
Public Corruption - Federal Criminal Defense Lawyer

Public Corruption encompasses a vast number of white collar wrongful acts, the primary goals of which are to receive, offer, or give, preferred treatment or performance in return for monies, gifts or favors. There are several offenses an individual may be charged with which concern bribery, extortion, government fraud, procurement fraud, kickbacks, and misuse of public authority.

With the recent guilty pleas by Jack Abramoff and Randy "Duke" Cunningham, there are certain to be a raft of public corruption prosecutions in the coming months and years.

18 U.S.C. § 201 (2007)

The Crime
It is a crime under section 201(b) for a person to

• directly or indirectly "corruptly" give, offer, or promise anything of value to a public official (former, current, or future) with the intent
  • to influence an official act,
  • to influence a public official to commit a fraud on the United States, or
  • to influence a public official to violate his or her lawful duty as a public official. 18 U.S.C. § 201(b)(1).
• be a public official (former, current, or future) and directly or indirectly, "corruptly" demand, seek, receive, accept, or agree to receive or accept anything of value in exchange
  • for being influenced in the performance of any official act,
  • for being influenced to commit a fraud on the United States, or
  • for being induced to violate his or her lawful duty as a public official. Id. § 201(b)(2).
• directly or indirectly, "corruptly" give, offer, or promise anything of value to any person, with the intent to influence testimony under oath in a trial, hearing, or other proceeding, before a court, any committee of either House of Congress, or any agency, commission, or officer authorized by United States law to hear such testimony. Id. § 201(b)(3).
• demand, seek, receive, or accept such corrupt gifting or offers is also a federal crime. Id. § 201(b)(4).

It is a crime under section 201(c) to

• Other than as provided by law
  • directly or indirectly give, offer, or promise anything of value to any public official, former public official, or person selected to be a public official, for or because of any official act performed or to be performed by such public official, former public official, or person selected to be a public official; or
  • be a public official, former public official, or person selected to be a public official, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly demand, seek, receive, accept, or agree to receive or accept anything of value personally for or because of any official act performed or to be performed by such official or person; 18 U.S.C. § 201(c)(1)
• directly or indirectly, give, offer, or promise anything of value to any person, for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or for or because of such person's absence therefrom; Id. § 201(c)(2);
• directly or indirectly, demand, seek, receive, accept, or agree to receive or accept anything of value personally for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon any such trial, hearing, or other proceeding, or for or because of such person's absence therefrom; Id. § 201(c)(3).

The Punishment
The punishment for a violation of 18 U.S.C. § 201(b) is

• a fine, imprisonment for not more than fifteen years, or both.

That person may also be disqualified from holding any office of honor, trust, or profit under the United States. 18 U.S.C. § 201(b)

The Punishment for a violation of 18 U.S.C. § 201(c) is

• a fine, imprisonment for not more than two years, or both.

It should be noted that nothing in those sections prohibit the payment or receipt of witness fees as provided by law, or the reimbursement of the reasonable cost of travel, food and lodging, preparation of testimony, and the reasonable value of time lost for being required appear and testify.

Definitions

• A public official is: a Member of Congress; a Delegate; or a Resident Commissioner; an officer or employee or person acting for or on behalf of any department, agency or branch of Government of the United States, including the District of Columbia, in any official function; or a juror. 18 U.S.C. § 201(a)
• An official act is any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in that official's official capacity, or in that official's place of trust or profit. 18 U.S.C. § 201(a)

Case Law Interpreting Section 201
18 U.S.C. § 201 is to be broadly construed. Parks v United States, 355 F.2d 167, 168 (5th Cir. 1965). Substantively, section 201 makes it an offense to give money or thing of value to any Government official "(1)'with intent to influence his decision or action on any question, matter, cause, or proceeding which may be pending or … brought before him in his official capacity'; (2) 'or with intent to influence him to commit … and fraud … on the United States … or to induce him to do or omit to do any act in violation of his lawful duty.'" Id. The purpose of section 201 is to reach any situation in which judgment of government agent might be clouded because of payments or gifts made to him by reason of his position other than as provided by law. United States v. Evans, 572 F.2d 455, 480-81 (5th Cir. 1978). Even if corruption is not intended by either party, there is still tendency in such situation to provide conscious or unconscious preferential treatment or it might result in inefficient management of public affairs. Id.

Offering something of value to influence official action is all that is necessary to support conviction of bribery under 18 U.S.C. § 201. United States v Kemmel (M.D. Pa. 1960) 188 F. Supp 736, aff'd (3rd Cir. 1961) 295 F.2d 712, cert den (1962) 368 U.S. 988, 7 L. Ed. 2d 525, 82 S. Ct. 604. A "thing of value" is to be broadly construed with special attention paid to the subjective value that the defendant places on the items he received. United States v. Gorman, 807 F.2d 1299, 1305 (6th Cir. 1986). However, a reasonable appearance fee that a Congressman might receive for attending a banquet may not constitute a thing of value. United States v. Head, 641 F.2d 174, 180 (4th Cir. 1981).

Public Corruption Continued-->