16 results for 'cat:"Bribery"'.
J. Walker affirms the lower court's order granting defendant only 30 days for time served while he was on bond on a malicious wounding and wanton endangerment charge arrest. Though the judge erred by not considering the 233 days defendant spent incarcerated following revocation of his bond, the court finds the error harmless since when he was ultimately sentenced on the Raleigh County charges, the judge gave him credit for the time spent awaiting sentencing on the Fayette County charges. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: April 12, 2024, Case #: 22-759, Categories: Sentencing, Dui, bribery
J. Menashi finds that the district court improperly dismissed an indictment charging that former state senator Brian Benjamin committed bribery and honest services wire fraud during his unsuccessful campaign for New York City comptroller and covered up the indictment during a background check when he was nominated to be New York's lieutenant governor. The indictment sufficiently alleged an explicit quid quo pro in directing $50,000 in state grant money to a nonprofit controlled by a local real estate developer in exchange for matching, small-dollar campaign contributions. Reversed.
Court: 2nd Circuit, Judge: Menashi, Filed On: March 8, 2024, Case #: 22-3091, Categories: Evidence, Fraud, bribery
J. Stein denies Senator Menendez's motion to suppress search warrant returns based on alleged misstatements and omissions. The Senator has not shown the omissions were made with deliberate intent to mislead, and the affidavits in support of the warrants need only establish probable cause that fruits of a crime would be found in the search of the Senator's home, even if he was not personally involved in the crime. Further, the warrant was not required to state the Senator's statement that the gold bars believed to be part of a bribe from Egypt actually came from his wife's dead mother.
Court: USDC Southern District of New York, Judge: Stein, Filed On: March 4, 2024, Case #: 1:23cv490, NOS: Miscellaneous Cases - Other Suits, Categories: Search, bribery
J. Leinenweber denies the “ComEd Four’s” motions for acquittal or, in the alternative, a new trial. The Four consist of the ex-CEO of energy company Commonwealth Edison, a former lobbyist for ComEd, a company consultant and a former Democratic Illinois state representative. They were convicted last May on multiple bribery, fraud and conspiracy charges for their roles in the company’s admitted efforts to bribe Illinois legislators between 2011 and 2019. Though the Supreme Court plans to hear a challenge to a bribery law central to the government’s case against the four, the court finds that, as the laws were understood in May, the jury correctly interpreted the evidence and rendered fair verdicts.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: January 4, 2024, Case #: 1:20cr812, NOS: Other - Forfeiture/Penalty, Categories: Fraud, Conspiracy, bribery
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J. Calabresi finds that the district court properly convicted defendant of facilitating loan approvals as a bank executive in exchange for assistance in landing a position in the election campaign for and, subsequently, the administration of Donald Trump, potentially as secretary of the army. Defendant's arguments lack merit in contending his conduct did not meet the definition of "corrupt" under the financial institution bribery statute and that the assistance he sought did not constitute a "thing of value." Affirmed.
Court: 2nd Circuit, Judge: Calabresi, Filed On: November 28, 2023, Case #: 22-313, Categories: bribery, Banking / Lending
Per curiam, the Fifth Circuit finds the trial court properly convicted the former police chief of San Angelo, Texas, for bribery after he accepted money from a city vendor in exchange for support of the vendor’s future city contracts. There was no error in the court’s jury instructions requiring it to find a quid pro quo. Defendant’s argument, according to which an agreement to support the payor “as opportunities arise” isn’t a quid pro quo, misunderstands the law. The government presented evidence of a $180,000 agreement, disguised as fees for band performances, in exchange for support on future contracts. This a valid theory of bribery. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 7, 2023, Case #: 22-10766, Categories: Evidence, bribery, Jury Instructions
Per curiam, the Fifth Circuit denies the developer’s and the former mayor of Richardson, Texas’s petition for rehearing on their convictions for bribery and tax fraud. The developer sought rezoning of property to construct apartments, which was approved, though citizens opposed the rezoning. Sufficient evidence of the mayor’s extramarital affair with the developer has been shown, including the mayor’s admitting the affair to her husband. Though defendants assert that certain bribes were gratuities, and that the court failed to properly instruct the jury, all evidence supports the court’s verdict. Affirmed in part. Vacated in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 18, 2023, Case #: 22-40519, Categories: Tax, bribery, Property
[Modified.] J. Bromberg replaces the word "reasonable" with the word "strong" to characterize the suspicion of bribery created by grand jury evidence, with no change in judgment. The trial court erred in dismissing a bribery charge against Apple's head of security, who had agreed to donate iPads to the Santa Clara County undersheriff in exchange for concealed carry weapons licenses for Tim Cook's security team. Though defendant nixed the donation after the licenses were issued, “a public official may be bribed with a promise to donate to the official’s office.” Reversed.
Court: California Courts Of Appeal, Judge: Bromberg, Filed On: September 18, 2023, Case #: H049408, Categories: bribery
J. Bromberg finds that the trial court erred in dismissing a bribery charge against Apple Inc.'s head of security, who had agreed to donate iPads to the Santa Clara County undersheriff in exchange for concealed carry weapons licenses for Tim Cook's security team. Though defendant nixed the donation after the licenses were issued, “a public official may be bribed with a promise to donate to the official’s office.” Reversed.
Court: California Courts Of Appeal, Judge: Bromberg, Filed On: August 25, 2023, Case #: H049408, Categories: bribery
J. Rabner finds the appellate division properly reinstated the indictment for bribery of defendant, who was a mayoral candidate and allegedly accepted $10,000 in cash in a paper bag to appoint that person as the city's tax counsel. The argument that the state's anti-bribery statute does not apply to political candidates or candidates or who are not elected is precluded by the statute's no-defense provision. Further, an ordinary person would understand the statute does not allow a candidate to accept cash in a paper bag in exchange for a future appointment. Affirmed.
Court: New Jersey Supreme Court, Judge: Rabner , Filed On: August 7, 2023, Case #: A-17-22, Categories: bribery
J. Hirsch affirms a district court’s sentencing of a former state representative to 57-months in prison for admittedly taking thousands of dollars in bribes to promote sweepstakes-gaming in the Illinois State Legislature. The ruling rejects the defendant’s argument that the judge erred at sentencing by reasoning that his imprisonment was needed to deter other public officials who “might be tempted to sell out the public” like he did. The defendant contended the judge’s sentencing reasons were speculative and unreliable because the record lacked “empirical evidence” showing that public officials consider sentences or engage in cost-benefit analysis when it comes to corruption. "District judges need not marshal empirical data on deterrent effects before considering whether a sentence adequately deters criminal conduct.” The judge reasonably presumed that public officials are rational actors who pay attention when one of their own is sentenced. Affirmed.
Court: 7th Circuit, Judge: Hirsch, Filed On: July 28, 2023, Case #: 22-2008, Categories: Criminal Procedure, Sentencing, bribery
Per curiam, the circuit finds that the district court should have reassigned sentencing on defendant's guilty plea to conspiracy to commit honest services wire fraud by facilitating a bribe to secure an investment in a hedge fund that ultimately declared bankruptcy because the judge who imposed the $12 million restitution order favoring correctional officers had very close ties to a cooperating witness.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 26, 2023, Case #: 20-1011, Categories: Judiciary, Restitution, bribery
Per curiam, the Fifth Circuit finds the trial court properly convicted defendant, a border patrol officer, by guilty plea for accepting a bribe by a public official. Defendant argues that a sentencing guideline cross-reference doesn’t apply to him, being there was no conspiracy and the only drugs were sham cocaine transported by an undercover agent. This argument fails because, as an officer, defendant orchestrated a drug vehicle crossing. A two-level enhancement for an aggravating-role adjustment was improperly applied. The conviction along with the cross-reference are affirmed. The enhancement for his aggravating role is vacated and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 6, 2023, Case #: 22-40512, Categories: Drug Offender, Conspiracy, bribery
J. Hamilton finds that the lower court properly convicted defendant, the former mayor of Portage, Indiana, of bribery for soliciting $13,000 in connection with the city's purchases of garbage trucks and sentenced him to 21 months in prison. Defendant's Sixth Amendment rights were not violated when the prosecution obtained emails exchanged between defendant and his attorney because the emails were seized before he was indicted, and only then did his Sixth Amendment right to counsel attached. Further, federal bribery laws apply equally to "gratuities" as well as bribes, where as in this case, the mayor received the money after the town purchased the trucks. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: June 15, 2023, Case #: 21-2986, Categories: Constitution, Sentencing, bribery