Tuesday, June 28, 2016

Corruption Conviction of Former Governor Thrown Out

The definition for an “official act” under the corruption statute is too expansive and should be limited to decisions or actions “in such the official’s official capacity, or in such official’s place of trust and profit.”

 McDonnell v. United States, No. 15–474, U.S., 6/27/16.

   The corruption conviction of former Virginia Governor Bob McDonnell was overturned by the Supreme Court because the definition used by the Fourth Circuit for an “official act” was too expansive. As described by the Court, “[a]n official act is defined as “any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official’s official capacity, or in such official’s place of trust or profit.” Only formal government actions or administrative determinations are subject to being considered an “official act,” not routine political courtesies.

   The Court remanded the case back to the lower courts to determine if there was evidence of McDonnell committing an “official act” under the new definition offered in the decision. If there was evidence, then a new trial may be required. Prosecutors in the case worry that this decision will make it more difficult for future prosecutions of politicians that violate corruption and bribery laws.

http://src.bna.com/ggx

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