The Prosecution and Defense of Public Corruption: The Law by Peter J. Henning

By Peter J. Henning

The Prosecution and safety of Public Corruption: The legislation and criminal techniques is the 1st accomplished, practice-oriented therapy of the legislation of public corruption within the U.S. felony marketplace. This special booklet offers an intensive felony research of the disparate components of the legislations that may be used to prosecute public officers in any respect degrees of presidency. within the Prosecution and security of Public Corruption, authors Peter J. Henning and Lee J. Radek talk about how advice can strengthen applicable criminal options for prosecuting and protecting those instances. Many crucial themes are addressed with the practitioner in brain, together with: proof accumulating matters; Privilege concerns; matters at Trial; Sentencing matters.

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47 Congress also scrutinized the targeting of individuals, especially elected officials, when there was no prior indication of interest on their part to engage in criminal activity. 48 Congress never enacted the legislation, and undercover operations continue to be used in public corruption cases. However, the Department of Justice adopted guidelines during this period for undercover operations that imposed various levels of approval and addressed when the subject of such operations could be targeted, largely in response to congressional concerns about how the Abscam operation took place.

3592 (1986). Prior to 1986, bribery was in subsections (b) and (c) and unlawful gratuity in subsections (f) and (g). Prosecutions for violations occurring between 1962 and 1986 will reference these subsections, and the amendment did not make any substantive changes in the law. Bribery and Unlawful Gratuities Involving Federal Officials | 17 The unlawful gratuity provision is in § 201(c), and prohibits giving or receiving a thing of value “for or because of any official act performed or to be performed” by the official.

B . ” In United States v. Biaggi, the Second Circuit upheld the unlawful gratuities conviction of a Congressman who wrote letters on behalf of a company to New York City officials seeking benefits for the company from the municipal government. ”54 In United States v. ”56 Thus, whether the public official has the ultimate authority to make 53. S. 398, 407–08 (1999) (italics in original). 54. 2d 89, 97 (2nd Cir. 1988). 55. 562 F. Supp. D. Va. 2008). 56. Id. (italics in original). The district court explained that if the government is able to prove, for instance, that (i) lobbying government agencies such as the ExportImport Bank of the United States (Ex-Im Bank) on behalf of constituents is among the settled customary duties or practices of a Member of Congress, and that (ii) the Ex-Im Bank’s decision to award financial support to American companies is a government decision, then the government will have proved the necessary elements of an official act under § 201.

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