federal prosecution public corruption united_states statutes codified title provide federal prosecution public corruption united_states federal public corruption act enacted mail wire fraud statutes enacted including honest services fraud provision travel act enacted influenced corrupt organizations act enacted began 1970s statutes enacted order prosecute official corruption interpreted provide means federal official statute enacted enacted federal program statute enacted directly address public corruption statutes differ elements require example pro quo species official actions non public official defendants prosecuted authorized sentence statutes prosecute public corruption act program statute mail wire fraud statutes statutes upheld exercises congress commerce clause power case mail fraud program statutes spending clause respectively special case member congress defendant speech debate clause places certain restrictions actions prosecuted proved commentators argued state local officials statutes pose substantial questions argue guarantee clause provides additional authority history article section united_states_constitution provides president vice president civil officers united_states shall removed conviction treason high crimes time early history country corrupt public officials charged common law crimes related corruption crimes continue charged circuit court laws maryland virginia remained force supreme_court decision federal common law crimes united_states hudson congress passed federal law provided customs officers disqualified office liable bribe judicial provision crimes act passed following year provided disqualification fine imprisonment discretion court judge added offenses color office theft employee coin mint employee mail fraud statute oldest statute address public corruption enacted public corruption 1940s early cases employed right honest government united_states states 8th case rely honest services fraud sole basis conviction prosecution state local political corruption major federal law enforcement priority 1970s united_states united_states kenny brought attorney later federal judge prosecution political corruption economic fear color official right act respectively henderson describes cases new_jersey established general jurisdiction public corruption offenses united_states attorney offices active field new_york new_jersey maryland illinois developed high skilled prosecutors tradition success encourages atmosphere potential corruption cases chief wrote recently potential federal resources brought bear effectively corruption schemes state local level schemes governmental process corruption federal level time hall country aware existence corrupt practices metropolitan areas machines rings millions dollars public private gain state local prosecutors inadequate resources overwhelming demands rising rate street crime simply unable deal type corruption cases local law enforcement parcel problem outright corruption establishment fill enforcement role federal prosecutors decade began assume active creative role attempting use federal statutes attack corruption state local level state local officials public corruption compared federal state officials local officials public corruption period state officials local officials convicted public officials corruption concerned state local officials state local officials passed program statute passed program statute congress time directly crime local officials example public officials convicted corruption offenses west_virginia comparison court decision citing west_virginia corrupt practices act federal court decision involving state statute federal goes deeper cases filed corruption crimes agents commit crimes attorneys judges etc easily found online option finding actual cases continues diminish interests commerce social media markets taking precedence internet searches intentionally narrowed restrict citizen awareness corruption media law enforcement failing implement legislation create tax expense continues cases found online overview legal elements features major federal public corruption offenses differ elements offenses require prosecution prove alternatively federal official organization received federal funds corrupt communications involved use mail interstate wires corruption affected interstate commerce interstate travel elements differ require pro quo mere easier element prove difficult elements prove include intent influenced offenses differ act public official official violation official duty fraud united_states official transaction offenses differ prosecuted addition public official finally offenses differ influenced corrupt organizations act money maximum authorized prison sentence imposed conviction federal officials federal statute enacted comprehensive conflict interest legislative reform supreme_court considers separate crimes pairs crimes united_states court held federal statute definition public official includes position public trust official federal responsibilities including example employees non profit federal block housing grant term official act limited acts performed scope official employment defense official action courts interpreted implicit exception campaign contributions federal statute corrupt promise transfer thing value influence official act federal official fraud united_states commission omission act violation official duty provides directly indirectly gives offers promises value public official person selected public official offers promises public official person selected public official value person entity intent influence official act influence public official person selected public official commit aid committing allow fraud opportunity commission fraud united_states induce public official person selected public official act violation duty official person public official person selected public official directly indirectly demands seeks receives accepts agrees receive accept value personally person entity return influenced performance official act influenced commit aid committing allow fraud opportunity commission fraud united_states induced act violation official duty official person shall fined title times monetary equivalent thing value greater imprisoned years disqualified holding office honor trust profit united_states text federal statute transfer thing value federal official official act provides provided law proper discharge official duty directly indirectly gives offers promises value public official public official person selected public official official act performed performed public official public official person selected public official public official public official person selected public official provided law proper discharge official duty directly indirectly demands seeks receives accepts agrees receive accept value personally official act performed performed official person shall fined title imprisoned years interpretation united_states supreme_court held statute required official act pro quo past future official acts payments status access goodwill unspecified acts defined follows hold order establish violation government prove link thing value conferred public official specific official act given program program statute enacted previous required specific funds federal control involvement federal employees text program statute corrupt offer value intending influence agent connection transaction exceeding involving government organization receiving federal funds provides described section exists agent organization state local indian tribal government agency thereof demands benefit person accepts agrees accept value person intending influenced rewarded connection business transaction series transactions organization government agency involving thing value gives offers agrees value person intent influence reward agent organization state local indian tribal government agency thereof connection business transaction series transactions organization government agency involving value shall fined title imprisoned years referred section organization government agency receives year period benefits excess federal program involving grant contract loan guarantee insurance form federal assistance section apply salary wages fees compensation paid expenses paid usual course business interpretation fischer united_states court held requirement federal funds satisfied funds flow organization example hospital receives indirectly patients requirement funds traced statutory appropriation federal policy despite academic suggestions contrary united_states supreme_court held transaction need involve federal funds satisfied value goods services apply corrupt political services exchange municipal job contain intent influence intent reward intent influence pro quo actual intent influence influenced required intent reward majority circuits permit mere organization defined non governmental local government defined subdivision state public officials federal territories prosecuted members tribal governments prosecuted foreign corrupt practices act corrupt offer mail commerce value publicly traded company foreign official official act business mail wire fraud obtaining money property text federal mail fraud federal wire fraud statutes scheme obtain money property fraud connection mail wire communication respectively mail fraud statute provides relevant having devised intending scheme obtaining money property means false fraudulent representations promises sell dispose loan exchange alter away distribute supply purpose executing scheme attempting places post office authorized mail matter matter thing sent delivered deposits causes deposited matter thing sent delivered private commercial interstate carrier takes receives matter thing causes delivered mail carrier according direction place directed delivered person addressed matter thing shall fined title imprisoned years wire fraud statute provides relevant having devised intending scheme obtaining money property means false fraudulent representations promises causes transmitted means wire radio television communication interstate foreign commerce writings signs signals pictures sounds purpose executing scheme shall fined title imprisoned years interpretation mail wire fraud statutes prosecute public corruption elected appointed public officials political party officials candidates party offices members tribal governments including foreign public officials major problems faced federal prosecutors applying mail wire fraud statutes political schemes establishing defendant intentionally attempted victims value meaning states salary benefits elected public employee property purposes mail wire fraud statutes salary benefits public employee form property recognized mail wire fraud statutes right control disposition government funds noted courts prosecutors realizing potential uses mail fraud statute political corruption relative ease proving mail fraud violations apparent increase corrupt political activities caused political officials face mail fraud recent successful prosecution non elected political official continuing evolution mail fraud act public committed government personnel honest services fraud 1970s earlier federal courts permitted mail fraud public officials public right honest services according professor mid 1970s saw flowering rights doctrine exotic flower quickly legal landscape manner vine mid-1980s ethical potential reach united_states supreme_court held scheme mail wire fraud statutes include scheme right honest services congress responded adding provides purposes chapter term scheme includes scheme right honest services known fix united_states court apply bribes unclear mere prosecuted adopted definition means money fee commission credit gift thing value compensation kind provided directly indirectly prime contractor prime contractor employee employee purpose obtaining rewarding favorable treatment connection prime contract connection relating prime contract courts held reached held coffee argued honest services fraud doctrine explicitly distinguish public private corruption act act provides relevant way degree delays affects commerce movement article commerce attempts shall fined title imprisoned years section term means obtaining property consent induced use actual threatened fear color official right act definition copied substantially new_york law provided obtaining property obtaining property corporation officer agent employee thereof consent induced use force fear color official right described abuse public justice consists officer taking colour office man money thing value fear act inter obtaining property consent actual threatened fear interstate commerce affected economic fear act prosecute political corruption long act bribe reached defense economic fear absence presence fear economic loss considered perspective victim proof need establish victim reasonably believed defendant power harm victim second defendant exploit power victim color official right act obtaining property color official right interstate commerce affected law review article published appeal kenny pending stern wrote time institutions government local federal subjected increasing attack responsible enforcement law administration justice afford allow powerful means official corruption restrictive interpretation distinction developed act unnecessary act prosecute corruption public office phrase color official right appears act definition renders distinction stern wrote act major statutes federal government combat local political corruption state unable unwilling citing travel act major statute wrote act principal vehicle rapidly expanding federal effort describes stern article detailed analysis problem recent flood cases circuit interpretation kenny adopted second fourth seventh eighth tenth circuits fifth sixth ninth circuits followed suit commentators argued act interpreted reach public corruption united_states supreme_court held color official right act prosecute political corruption long pro quo prior circuit split question year evans united_states court held act required public official prior evans circuit split question required quo required power public official opposed access goodwill acts prosecuted color official right defense statutes successful candidate public office prosecuted pre election actions unsuccessful candidates travel act travel act inter use interstate travel mail distribute proceeds promote manage unlawful activity including travel act prosecute political corruption example travel act prosecute public officials violation state law supreme_court held united_states according passage approximately political officials prosecuted travel act prosecutors courts alike found travel act valuable weapon continuing battle effects political corruption 1970s federal prosecutors began argue applicable corrupt state local government bodies exception program aforementioned offenses liability influenced corrupt organizations act state local governmental unit named charged enterprise henderson wrote governmental unit classified enterprise meaning statute great impact ability prosecutors reach political crimes money money federal program money statutes chapter unauthorized compensation officials representing persons government codified enacted prohibiting members congress practicing claims officials claims united_states enacted revolving door statute enacted executive branch conflict interest enacted executive branch salary enacted sale office codified enacted conspiracy united_states codified enacted political activity color office enacted constitutional issues powers act travel act influenced corrupt organizations act upheld commerce clause mail fraud statute justified postal clause united_states supreme_court upheld program statute spending clause justice thomas citing commerce clause prior circuit courts held professor proposed united states constitution provides united_states shall guarantee state union republican form government constitutional basis corruption statutes applied state local officials professor argues modest role guarantee clause distinguishing public private corruption statutes speech debate clause article united states constitution provides speech debate house senators representatives shall questioned place united_states johnson case supreme_court held clause barred corruption prosecution specifically court held floor speech admitted evidence prosecution federal conflict interest statute conspiracy united_states motivation introduction private bill representative agreed speech house behalf savings loan association exchange campaign contribution legal fees court twice considered role clause prosecution federal members congress united_states court held prosecution violate clause long inquiry legislative acts motivation legislative acts necessary government case reinstated dismissed indictment crime complete bribe accepted official performs promised act united_states court held prosecution introduce evidence past legislative act trial according weeks practical matter extremely difficult successfully prosecute section action reference defendant legislative acts forbidden referred prosecution local officials acts public corruption sensitive area federal state cooperation commentators expressed concerns disagreed notes congress courts raised potential concerns fact appear approve increased use federal law prosecute low level state local levels according professor supreme_court curb federal fraud statutes prove accurate direction lower federal courts moving united_states prosecution act travel act supreme_court declined recognize legislative act privilege state legislators analogous scope speech debate clause tenth amendment federal rule evidence argued recognition privilege state legislators legislative acts legitimate interest enforcing criminal statutes speculative benefit state legislative process similarly courts consistently rejected claims convicted state legislators violate tenth amendment
Federal prosecution of public corruption in the United States