Color of Official Right – Fraud – Hobbs Act

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U.S. Supreme Court

Case Name: Ocasio v. United States of America

Case No.: 14-361

Focus: Color of Official Right – Fraud – Hobbs Act

Defendant may be convicted of conspiring to violate the Hobbs Act based on proof that he reached an agreement with the owner of the property in question to obtain that property under color of official right.

“The general federal conspiracy statute, under which petitioner was convicted, makes it a crime to “conspire . . . to commit any offense against the United States.” 18 U. S. C. §371. Section 371’s use of the term “conspire” incorporates age-old principles of conspiracy law. And under established case law, the fundamental characteristic of a conspiracy is a joint commitment to an “endeavor which, if completed, would satisfy all of the elements of [the underlying substantive] criminal offense.” Salinas v. United States, 522 U. S. 52, 65. A conspirator need not agree to commit the substantive offense—or even be capable of committing it—in order to be convicted. It is sufficient that the conspirator agreed that the underlying crime be committed by a member of the conspiracy capable of committing it. See id., at 63–65; United States v. Holte, 236 U. S. 140; Gebardi v. United States, 287 U. S. 112.”

Affirmed

Concurring: BREYER

Dissenting: THOMAS, SOTOMAYOR, ROBERTS

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.