Bribery Schemes - Merceda Gooding

7/28/2019 Bribery Schemes - Merceda Gooding

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Bribery Statutes

Political Officials and WitnessesTitle 18 U.S.C Sec. 201

Merceda D. Gooding


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Review Statute Summary 18 U.S.C. 201 - Bribery of Public Officials and Witness statute was enacted

October 23, 1962. 18 U.S.C. - Is the United States Code for federal prosecution of public

corruption.

Bribery is the practice of offering, giving, receiving or soliciting somethingof value for the purpose of personal gain discharging the public official

duties. 201 (a) A public official is define as an officer or employee or person acting

for or on behalf of the United States, or any department, agency or branchof Government thereof, . . in any official function, under or by authority ofany such department, agency, or branch of Government (Dixson v. United

States). 201 (b) A person bribing a public official with the intent to influence the

performance of a public duty.


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Analyze and Evaluate Case I

The facts of the case the United States v. Michael A. Brown , a formerpublic official violated 18 U.S.C 201 (b)(2)(A).

Michael A. Brown, a former Councilman in the District of Columbiaaccepted bribes during the time and after serving office (July 11, 2012 toMarch 14, 2013).

It was allege that Michael A. Brown used his political influence andconnection to receive bribes for personal monetary gain conducting illegalbribery schemes.

Michael directly and indirectly corruptly demanded, sought, received,accepted and agreed to receive and accept things of value personally,

violating the statue 18 USC 201. Michael Brown met with undercover FBI agents posing as businessmen.

He accepted $55,000.00 in cash from the undercover FBI agents.


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Analyze and Evaluate Case Icont.

Michael promise and provided assistance to undercover FBIagents to obtain an approved Certified Business Enterprisedocument from the District of Columbias Department of Small

Business Development. He guaranteed contracting opportunities with the undercover

FBI (posing as businessmen) agents in the District of Columbia.

On June 12, 2013, Michael plead guilty, there was no legal issue.

The court ruled a money judgment against Michael with theamount of $35,000.00 and faces 37 months in prison.


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Analyze and Evaluate Case II United States v. Brewster, 506 F. 2d. 62 (D.C. Cir, 1974)

The Facts in this case, the defendant Daniel B. Brewster, a former U. S.Senator from Maryland, was indicted for five counts for accepting bribesand gratuities violating 18 U.S.C. 201(c)(1) and (g).

Payments were made to the U.S. Senator for the alleged purpose to

corruptly influence the performance of his official duties. Payments were made to the Senator for the purpose of his re-election by

creating a false political committee.

The district court jury was instructed to decide on the two elements of thetwo federal crimes under bribes or gratuities statute 18 U.S.C. 201.

The jury convicted the Senator of a lesser crime; receiving gratuities. TheSenator appealed the case.

The Senator continued to serve political office during the trail.


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Analyze and Evaluate Case IIcont.

The issue - the U.S. Court of Appeals had to determine whetherthe district court Judge explain to the jury instructions that hadadequately incorporated this distinction.

The jury has to decide if the crime was bribery or gratuityunder 18 U.S.C Statute Sec. 201.

The final rule: The U.S. Court of Appeal find that on the facts ofthis case a conviction under the gratuity section 201(g) as a

lesser included offense within the bribery section201(c)(1)2 could be sustained.


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Indentify and discuss the legal ramifications and violations of any legal subjects andor decisions related to any constitutional principles and/or administrative agencies.

Under 18 U.S.C 201 statute, the punishments are:

Fines of an amount not more than three times themonetary equivalent of thing of value.

Imprisonment for not more than 15 years or both.

Disqualification from holding office of honor, trust orprofit under the U.S. government.

Or properly discharge from official duty. Gratuity is a lesser charge up to two years of prison

and a fine.


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Support Statute 18 U.S.C Sec. 201

The statute decreases corruption and bribes. The statute stabilizes public trust and

government integrity.

The statute governs how public officials conductbusiness and public interest.

The statute brings positive quality and valueback to government.

The statute hold public officials accountable andresponsible for their actions.

The statute exposes corruption and the need to

strengthen regulations.


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References

Dixson v. United States, 465 U.S. 482 (1984). Retrieved June 11, 2013 from

http://supreme.justia.com/cases/federal/us/465/482/Federal Laws On Bribery. US Legal. Retrieved June 11, 2013 from

http://bribery.uslegal.com/federal-laws-on-bribery/

Find Law.For legal professionals. 18 U.S.C. 434: US Code: Section 434:

Repealed. Pub. L. 87-849, Sec. 2, Oct. 23, 1962, 76 Stat. 1126]

Retrieved June 10, 2013 from

http://codes.lp.findlaw.com/uscode/18/I/23/434

Gray, B. (2012). Corporate bribery and political corruption on display at Republican,

Democratic and Convention. World Socialist Web. Retrieved June 10, 2013 from

http://www.wsws.org/en/articles/2012/08/conv-a28.html


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Stephen, E. (1996). Aristotle. The Politics and the Constitution of

Athens. New York, NY: Cambridge University Press.

Strauss, L. & Cropsey, J. (1987). History of Political Philosophy.3rd (Ed).

Chicago &London. The University of Chicago Press.

Szypszak, C. (2011). Understanding Law for Public Administration.

Jones & Bartlett: Sudbury, MA

U. S. Government Printing Office (2011). Title 18: Crimes and Criminal Procedure. Sec. (201)Bribery of Public Officials and Witnesses. Retrieved June 12, 2013 from

http://www.gpo.gov/fdsys/granule/USCODE-2011-title18/USCODE-2011-title18-partI-

chap11-sec201/content-detail.html

References


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ReferencesUnited States v. Brewster, 506 U.S. F.2d. 62 (D.C. Cir. 1974). Retrieved June

12, 2013 from

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9

United States v. Michael A. Brown , 18 U.S.C 201(b) (2) (A) Bribery of a Public

Official. Washington Post. DC Politics. Retrieved June 12, 2013.

http://apps.washingtonpost.com/g/documents/local/michael-a-

brown-statement-of-offense/476/

Weisner, B. & Santora, M. (2013). In 2nd Alleged Bribe Scheme, a Legislator

Was In on the Case. New York Times. Retrieved June 10, 2013 from

http://www.nytimes.com/2013/04/05/nyregion/assemblyman-ericstevenson-

is-accused-of-taking-bribes.html?pagewanted

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Bribery Schemes - Merceda Gooding