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Supreme Court Set to Decide On Competing Interpretations of Federal Corruption Statute
Section 666 of Title 18 has become one of the most important legal tools used in the federal prosecution of state and local corruption. The law applies broadly to public and private organizations funded by the federal government and makes it a crime to "corruptly solicit[ ][,] demand[ ][,] … or accept[ ] … anything of value" with the "inten[t] to be influenced or rewarded in connection with" an organization's activities. 18 U.S.C. §666(a)(1)(B).
Public corruption is a perennial focus of prosecutors, so the reach of Section 666 is of importance. The new Whistleblower Pilot Program of the U.S. Attorney's Office for the Southern District, for instance, expressly seeks to help the office "bring[ ] complex public corruption cases," among others.
Section 666 will soon be taken up by the U.S. Supreme Court. In United States v. Snyder, 71 F.4th 555 (7th Cir. 2023), cert. granted, 2023 WL 8605740 (Dec. 13, 2023), the Supreme Court will decide whether the law criminalizes "gratuities," and not simply "bribes," given to state and local officials. Section 666 does not use the terms "bribe" or "gratuity." It refers to giving or receiving "anything of value" with the "inten[t] to be influenced or rewarded." The law has been understood to apply to bribes — when a state or local official accepts or agrees to accept something of value in return for favorable action in the future (a quid pro quo agreement).
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