Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Business Crimes BulletinFeaturesLitigationWhite Collar Crime

Federal Public Corruption Prosecutions

By Elkan Abramowitz and Jonathan S. Sack
April 01, 2021

Proof of a "quid pro quo," giving something of value in return for a specific action, is central to federal public corruption prosecutions. In recent years, cases have tended to focus on the "quo" part of the exchange — that is, the act a public official takes in return for the "quid." See generally, Elkan Abramowitz and Jonathan S. Sack, "Limiting the Reach of the Supreme Court's 'McDonnell' Decision, NYLJ (Oct. 1, 2019). The Supreme Court's adoption of a narrow definition of "official act," in McDonnell v. United States, 136 S. Ct. 2355 (2016), turned out to have a significant impact on public corruption cases, for example, the Second Circuit's partial reversal of convictions of former New York State Assembly Speaker Sheldon Silver. See, United States v. Silver, 948 F.3d 538, 545 (2d Cir. 2020).

In contrast, some recent prosecutions have drawn attention to the "quid" part of the equation — that is, the thing of value a public official receives in return for a corrupt official act. These prosecutions, alleging benefit beyond the traditional receipt of money or other gifts, have led to interesting questions regarding whether, and under what circumstances, the enhancement of a public official's political power and patronage amount to an improper "quid."

This article first describes two pending federal prosecutions, which level corruption charges against high-level officials in Ohio and Illinois, and then turns to consider how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases. We conclude with some observations about the outer limits of federal public corruption prosecutions.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
How Secure Is the AI System Your Law Firm Is Using? Image

In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.

COVID-19 and Lease Negotiations: Early Termination Provisions Image

During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support Image

The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.

Authentic Communications Today Increase Success for Value-Driven Clients Image

As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.