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Bribery – Sufficiency of the evidence

By: WISCONSIN LAW JOURNAL STAFF//January 27, 2015//

Bribery – Sufficiency of the evidence

By: WISCONSIN LAW JOURNAL STAFF//January 27, 2015//

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U.S. Court of Appeals For the Seventh Circuit

Criminal

Bribery – Sufficiency of the evidence

Public officials can be guilty of violating 18 U.S.C. 666, even if they did not intend to perform the favor for which they accepted money.

“They do not complain about the jury instruction on this element, which told the jury that it must find that they acted with one of the two forbidden intents: an intent to be influenced, or an intent to be rewarded. Their theory of defense—that they took the money planning to deceive Haleem—amounted to a confession of accepting payment with intent to be ‘rewarded’ for their positions. This part of §666 forbids taking gratuities as well as taking bribes. See United States v. Anderson, 517 F.3d 953, 961 (7th Cir. 2008); United States v. Ganim, 510 F.3d 134, 150 (2d Cir. 2007); United States v. Zimmerman, 509 F.3d 920, 927 (8th Cir. 2007); United States v. Agostino, 132 F.3d 1183, 1195 (7th Cir. 1997). Contra, United States v. Fernandez, 722 F.3d 1, 22–26 (1st Cir. 2013). (Defendants have not asked us to overrule Anderson and Agostino in favor of the position taken in Fernandez.) The record shows that the payments were, if not bribes, then gratuities (from defendants’ perspectives) even if Haleem would have preferred to get something for his money. The jury may well have found that defendants intended to be influenced; but if they did not, then they intended to be rewarded for the positions they held, if not for services delivered. They are guilty either way.”

Affirmed in part and Vacated in part.

14-1892 & 14-1908 U.S. v. Hawkins

Appeals from the United States District Court for the Northern District of Illinois, Tharp, J., Easterbrook, J.

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