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In the Courts
First Circuit Breaks Ranks with Other Circuits, Holding That 18 U.S.C. ' 666 Does Not Apply to Gratuities
On June 26, 2013, the United States Court of Appeals for the First Circuit considered, as a matter of first impression within the Circuit, “whether ' 666 criminalizes gratuities in addition to bribes.” See United States v. Fernandez, Nos. 12-1289, 12-1290, 2013 WL 3215461, at *14 (1st Cir. June 26, 2013). After a survey of 18 U.S.C. ' 666's legislative history, the First Circuit concluded “that gratuities are not criminalized under ' 666.” Id. at *20.
The case came to the First Circuit after a jury convicted Hector Martinez Maldonado, a former Puerto Rican Senator, and Juan Bravo Fernandez (“Bravo”), the owner of Puerto Rico's largest private security firm, of “unlawfully exchanging a trip to Las Vegas to attend a prize fight for favorable action on legislation.” Id. at *1. The First Circuit concluded that
' 666 did not prohibit gratuities and, thus, that the conviction could not be sustained as “the jury reasonably could have found that the trip was a reward for ' prior conduct, rather than the quid pro quo for Martinez's later support of the bills,” id. at *14.
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