Testimony is Sufficient to Satisfy Jurisdictional Hook in Bribery Case

Bribery conviction upheld because witness testified to federal fund element of crime 'without equivocation.'

 

United States v. Smith, 2015 BL 350270, 5th Cir., No. 14-60688, 10/23/15

 

    Under 18 U.S.C. § 666(a)(1)(B), it is a crime for an agent of a local government, organization, or agency to solicit or accept a bribe if the entity "receives, in any one year period, benefits in excess of $10,000 under a Federal program."

 

    The U.S. Court of Appeals for the Fifth Circuit looked to United States v. Brown, 727 F.3d 329 (5th Cir. 2013), in which a city clerk was able to testify 'without equivocation' that the amount of federal funds received by the city engaged the federal jurisdictional hook. The court here stated that "[the clerk's] testimony alone was sufficient to support a finding that the federal funds element was met."

 

http://www.bloomberglaw.com/public/desktop/document/United_States_v_Smith_No_1460688_2015_BL_350270_5th_Cir_Oct_23_20?1449074265