offense elements

Eleventh Circuit Limits Reach of Section 666 By Narrowly Construing "Agent of the State" Element

January 26, 2010 15:51

We noted here recently the first signs of an effort among courts of appeal to temper the reach of 18 U.S.C. § 666, long a favorite tool of prosecutors seeking to federalize misdeeds by local and state officials. Now the Eleventh Circuit has joined in, acting to limit the scope of the statute...

Fifth Circuit Pulls Back the Reach of 18 U.S.C. ยง 666 As It Relates to Bribery of Local Judges

January 18, 2010 15:14

Long a favorite weapon of federal prosecutors, Section 666 of Title 18 makes it a crime for an agent of a state or local organization or agency to corruptly demand, offer, or accept anything of value of $5,000 or more in connection with any business or transaction of the organization or agency,...

Unanimity not required on overt act element of Section 371

Alain Leibman
September 18, 2009 21:21

Lawyers know reflexively that, in order to convict, a criminal jury must be unanimous in agreeing that the government has proven all essential elements beyond a reasonable doubt.  They also know that the crime of conspiracy under Section 371 of Title 18 includes among its elements...

Supreme Court makes it easier to bring RICO charges both criminally and civilly

Alain Leibman
June 16, 2009 22:13

The Supreme Court last week in Boyle v. United States, No. 07-1309 (June 8, 2009) declined to limit association in fact enterprises under RICO to those having the characteristics of "business-like" entities.  In so doing, the Court made it easier for the government to...

Quid pro quo not required for Hobbs Act, Section 666 prosecutions

Alain Leibman
May 07, 2009 21:20

A public official who accepts a bribe from a developer, both cash and a plot of land, but does not explicitly reach agreement with the bribor on an official act to be performed by the recipient may still be convicted of violating the Hobbs Act, 18 U.S.C. § 1951 and 18 U.S.C. § 666,...